The ancient, legal, fundamental, and necessary rights of courts of justice, in their writs of capias, arrests, and process of outlary and the illegality ... which may arrive to the people of England, by the proposals tendred to His Majesty and the High Court of Parliament for the abolishing of that old and better way and method of justice, and the establishing of a new, by peremptory summons and citations in actions of debt / by Fabian Philipps, Esq.
         Philipps, Fabian, 1601-1690.
      
       
         
           1676
        
      
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         98392
         
           
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             The ancient, legal, fundamental, and necessary rights of courts of justice, in their writs of capias, arrests, and process of outlary and the illegality ... which may arrive to the people of England, by the proposals tendred to His Majesty and the High Court of Parliament for the abolishing of that old and better way and method of justice, and the establishing of a new, by peremptory summons and citations in actions of debt / by Fabian Philipps, Esq.
             Philipps, Fabian, 1601-1690.
          
           [8], 391 p.
           
             Printed for Christopher Wilkinson, and are to be sold at his shop ...,
             London :
             1676.
          
           
             Reproduction of original in Cambridge University Library.
             Marginal notes.
          
        
      
    
     
       
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         eng
      
       
         
           Law -- England -- History and criticism.
        
      
    
     
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           THE
           Ancient
           ,
           Legal
           ,
           Fundamental
           ,
           and
           Necessary
           Rights
           OF
           Courts
           of
           Justice
           ,
           In
           their
           Writs
           of
           
             Capias
             ,
             Arrests
          
           ,
           and
           
             Process
             of
             Outlary
          
           .
        
         
           And
           the
           Illegality
           ,
           many
           mischiefs
           and
           Inconveniences
           ,
           which
           may
           arrive
           to
           the
           People
           of
           England
           ,
           by
           the
           Proposals
           tendred
           to
           His
           Majesty
           ,
           and
           the
           High
           Court
           of
           Parliament
           ,
           for
           the
           abolishing
           of
           that
           old
           and
           better
           way
           ,
           and
           method
           of
           Justice
           ,
           and
           the
           establishing
           of
           a
           new
           ,
           by
           peremptory
           Summons
           and
           Citations
           in
           Actions
           of
           Debt
           .
        
         
           By
           
             Fabian
             Philipps
          
           ,
           
             Esq
          
        
         
           Antonius
           Matheus
           in
           Praefat
           :
           ad
           Lib
           :
           de
           Auct●onibus
           ,
        
         
           Arduum
           est
           vetustis
           novitatem
           dare
           ,
           novis
           Autoritatem
           .
        
         
           Dira
           per
           incantum
           Serpunt
           Contagia
           vulgus
           .
        
         
           LONDON
           ,
           Printed
           for
           
             Christopher
             Wilkinson
          
           ,
           and
           are
           to
           be
           sold
           at
           his
           Shop
           at
           the
           Sign
           of
           the
           
             Black
             Boy
          
           in
           Fleet-street
           ,
           over
           against
           St.
           
             Dunstans
             Church
          
           ,
           1676.
           
        
         
      
       
         
         
           The
           Contents
           of
           the
           Chapters
           .
        
         
           
             Chap.
             1.
             
             THe
             many
             mischiefs
             and
             inconveniences
             which
             may
             happen
             by
             an
             Act
             of
             Parliament
             ,
             if
             obtained
             ,
             for
             the
             more
             speedy
             recovery
             of
             Debts
             upon
             Bonds
             or
             Bills
             ,
             under
             the
             Debtors
             hands
             and
             seals
             ,
             in
             the
             manner
             as
             is
             by
             some
             desired
             .
          
           
             Chap.
             2.
             
             That
             the
             most
             part
             of
             that
             desired
             Innovation
             was
             borrowed
             from
             Mr.
             
             Elsliot's
             wicked
             Invention
             ,
             and
             a
             wild
             Systeme
             not
             long
             after
             framed
             ,
             and
             from
             some
             also
             now
             much
             disused
             part
             of
             the
             Civil
             Laws
             .
          
           
             Chap.
             3.
             
             The
             reason
             and
             necessity
             of
             the
             more
             frequent
             use
             of
             Writs
             of
             Arrest
             and
             Vtlary
             ,
             then
             was
             before
             the
             Statute
             of
             25
             
               E.
               3.
               cap.
            
             17.
             
          
           
             
             Chap.
             4.
             
             The
             Ancient
             use
             as
             well
             as
             necessity
             of
             the
             Process
             of
             Arrest
             and
             Outlawry
             in
             this
             and
             other
             Nations
             .
          
           
             Chap.
             5.
             
             The
             Process
             of
             Arrest
             and
             Vtlary
             are
             a
             more
             gentle
             way
             of
             compelling
             men
             to
             pay
             their
             Debts
             ,
             or
             appear
             in
             Courts
             of
             Justice
             ,
             then
             that
             which
             was
             formerly
             used
             .
          
           
             Chap.
             6.
             
             The
             delays
             and
             inconveniences
             of
             the
             Process
             of
             Summons
             ,
             
               Pone
               &
               distringas
            
             ,
             were
             a
             great
             ,
             if
             not
             the
             only
             cause
             of
             the
             disuse
             thereof
             .
          
           
             Chap.
             7.
             
             The
             Writs
             and
             Process
             of
             Arrest
             and
             Outlawry
             have
             increased
             ,
             preserved
             ,
             and
             encouraged
             Trade
             ,
             better
             secured
             the
             Creditors
             Debts
             ,
             and
             made
             the
             borrowing
             of
             Money
             more
             easie
             then
             it
             was
             before
             .
          
           
             Chap.
             8.
             
             The
             pawn
             and
             ingagement
             of
             the
             Body
             ,
             is
             most
             commonly
             a
             better
             security
             then
             Lands
             or
             personal
             Estate
             ,
             upon
             which
             the
             borrowing
             of
             Money
             was
             not
             only
             very
             troublesome
             ,
             but
             difficult
             .
          
           
             
             Chap.
             9.
             
             The
             difference
             betwixt
             borrowing
             of
             Money
             upon
             Lands
             and
             real
             Estate
             ,
             and
             the
             procuring
             of
             it
             upon
             personal
             security
             ;
             and
             that
             without
             trust
             and
             personal
             security
             Trade
             cannot
             well
             ,
             or
             at
             all
             subsist
             .
          
           
             Chap.
             10.
             
             The
             way
             of
             Capias
             and
             Arrest
             is
             no
             oppression
             or
             tyranny
             exercised
             upon
             the
             people
             ,
             since
             the
             making
             of
             the
             Statute
             of
             25
             
               E.
               3.
               cap.
            
             17.
             or
             hath
             been
             hitherto
             ,
             or
             may
             be
             destructive
             to
             their
             Liberties
             .
          
           
             Chap.
             11.
             
             That
             the
             wisest
             of
             the
             Grecian
             Commonwealths
             ,
             Athens
             and
             Sparta
             ,
             those
             great
             contenders
             for
             Liberty
             and
             preservers
             of
             it
             ,
             did
             in
             their
             establishments
             and
             methods
             of
             Justice
             neither
             understand
             or
             suspect
             any
             Tyranny
             or
             oppression
             to
             be
             in
             the
             necessary
             and
             mod●rate
             use
             of
             the
             Process
             of
             Arrest
             .
          
           
             Chap.
             12.
             
             The
             troubles
             and
             seditions
             of
             the
             people
             of
             Rome
             concerning
             the
             whippings
             ,
             scourging
             ,
             selling
             for
             Bond-slaves
             ,
             and
             other
             cruelties
             used
             by
             Creditors
             in
             the
             suing
             and
             prosecution
             for
             their
             Debts
             ,
             and
             the
             troubles
             
             and
             endeavours
             of
             the
             Magistrates
             and
             Senators
             to
             appease
             them
             .
          
           
             Chap.
             13.
             
             That
             their
             Order
             made
             to
             pacifie
             a
             tumult
             was
             not
             perpetual
             ,
             or
             so
             much
             as
             intended
             to
             extend
             to
             an
             absolute
             freedom
             of
             the
             Debtors
             from
             Arrest
             or
             restraints
             of
             their
             persons
             ,
             until
             they
             appeared
             in
             Courts
             of
             Justice
             ,
             or
             gave
             bayl
             to
             do
             it
             .
          
           
             Chap.
             14.
             
             That
             the
             Statute
             of
             25
             
               E.
               3.
               cap.
            
             17.
             which
             giveth
             Process
             of
             Capias
             and
             Exigent
             in
             Actions
             of
             Debt
             ,
             and
             other
             Actions
             therein
             mentioned
             ,
             is
             not
             repealed
             either
             by
             the
             Acts
             of
             Parliament
             of
             28
             E.
             3.
             or
             42
             
               E.
               3.
               cap.
            
             1.
             there
             being
             no
             inconvenience
             or
             prejudice
             to
             the
             Publique
             good
             in
             those
             kind
             of
             Law
             proceedings
             ,
             which
             might
             deserve
             a
             repeal
             by
             those
             or
             any
             other
             Acts
             of
             Parliament
             .
          
           
             Chap.
             15.
             
             That
             the
             Nation
             hath
             not
             been
             base
             or
             slavish
             ever
             since
             the
             making
             of
             the
             said
             Act
             of
             Parliament
             of
             25
             
               E.
               3.
               cap.
            
             17.
             
          
           
             Chap.
             16.
             
             An
             examination
             of
             the
             Opinions
             of
             Sir
             
               Edward
               Coke
            
             in
             his
             report
             of
             
             Sir
             
               William
               Herberts
            
             Case
             ,
             touching
             the
             Process
             of
             Arrest
             used
             in
             our
             Laws
             ;
             and
             the
             many
             Errors
             appearing
             in
             that
             Book
             or
             Manuscript
             called
             the
             
               Mirrour
               of
               Justice
            
             ,
             and
             the
             fictitious
             matters
             and
             relations
             mentioned
             therein
             .
          
           
             Chap.
             17.
             
             That
             the
             late
             incessant
             needless
             complaints
             against
             our
             Laws
             ,
             and
             the
             proceedings
             in
             our
             Courts
             of
             Justice
             ,
             had
             in
             the
             bottom
             of
             it
             a
             design
             of
             overturning
             Monarchy
             and
             Government
             ,
             and
             to
             create
             Offices
             ,
             places
             ,
             imployments
             and
             profits
             to
             the
             contrivers
             thereof
             and
             their
             party
             .
          
           
             Chap.
             18.
             
             That
             neither
             
               Oliver
               Cromwell
            
             or
             his
             Son
             Richard
             ,
             the
             second
             Mock-Protector
             or
             
               little
               Highness
            
             ,
             did
             conceive
             it
             to
             be
             reasonable
             ,
             or
             had
             any
             intention
             to
             deliver
             up
             the
             Justice
             of
             the
             Nation
             to
             those
             ignorant
             ,
             giddy
             ,
             and
             ever-changing
             kind
             of
             Reformations
             .
          
           
             Chap.
             19.
             
             What
             occasioned
             the
             contrivance
             of
             the
             former
             Projects
             and
             groundless
             Complaints
             against
             our
             Laws
             ,
             since
             his
             Majesties
             happy
             Restauration
             .
          
           
             
             Chap.
             20.
             
             That
             the
             Proceedings
             at
             the
             Common
             Law
             desired
             by
             the
             new
             way
             of
             a
             peremptory
             Summons
             ,
             or
             the
             old
             by
             Writs
             of
             
               Summons
               ,
               Pone
               &
               Distringas
            
             ,
             or
             Writs
             of
             Capias
             at
             the
             Plaintiffs
             pleasure
             ,
             are
             not
             consistent
             or
             agreeable
             one
             with
             the
             other
             ;
             and
             that
             Laws
             being
             to
             be
             binding
             ,
             are
             to
             be
             certain
             and
             positive
             ,
             not
             arbitrary
             .
          
           
             Chap.
             21.
             
             That
             it
             will
             not
             be
             for
             the
             Interest
             of
             the
             King
             and
             his
             people
             to
             give
             way
             to
             that
             Design
             which
             may
             open
             a
             passage
             to
             other
             Innovations
             and
             Contrivances
             as
             much
             if
             not
             more
             inconvenient
             and
             prejudicial
             .
          
        
      
    
     
       
         
         
           CHAP.
           I.
           The
           many
           mischiefs
           and
           inconveniences
           which
           may
           happen
           by
           an
           Act
           of
           Parliament
           ,
           to
           be
           made
           for
           the
           more
           speedy
           recovery
           of
           Debts
           upon
           Bonds
           or
           Bills
           ,
           under
           the
           Debtors
           hands
           and
           seals
           ,
           in
           the
           manner
           as
           is
           by
           some
           desired
           .
        
         
           THe
           Suggestions
           and
           that
           which
           should
           be
           the
           Causes
           or
           inducements
           to
           such
           an
           Act
           of
           Parliament
           are
           greatly
           mistaken
           ;
           or
           if
           there
           happen
           any
           such
           Evils
           as
           are
           pretended
           ,
           they
           are
           
             Raro
             Contingentia
          
           ,
           and
           do
           but
           seldom
           happen
           .
        
         
           And
           when
           they
           do
           arise
           ,
           have
           their
           originals
           from
           other
           Causes
           ,
           but
           not
           from
           Arrests
           in
           Actions
           of
           Debt
           ,
           which
           by
           the
           shortest
           account
           ,
           are
           and
           have
           been
           of
           374.
           years
           continuance
           ,
           by
           order
           and
           approbation
           of
           many
           Acts
           of
           Parliament
           ,
           but
           may
           be
           demonstrated
           to
           have
           been
           of
           a
           far
           greater
           Age
           ,
           and
           equal
           to
           that
           of
           the
           Eldest
           Court
           or
           Method
           of
           Justice
           ,
           in
           this
           ,
           or
           any
           other
           civilized
           Nation
           in
           the
           world
           .
        
         
         
           The
           mischances
           happening
           by
           two
           or
           three
           Bailiffs
           in
           20.
           or
           30
           ,
           jears
           ,
           killed
           most
           commonly
           upon
           the
           score
           of
           their
           own
           provocation
           ,
           rudeness
           and
           misdemeanors
           ,
           are
           when
           they
           do
           so
           happen
           in
           the
           unruly
           Suburbs
           of
           London
           towards
           Westminster
           ,
           for
           in
           the
           other
           too
           vast
           extent
           of
           them
           ,
           an
           Age
           or
           Century
           is
           scarce
           able
           to
           furnish
           out
           one
           of
           those
           evil
           accidents
           .
        
         
           And
           within
           the
           City
           of
           London
           ,
           where
           Credit
           seems
           to
           be
           the
           Life
           and
           Soul
           of
           Trade
           ,
           and
           their
           growing
           ,
           and
           already
           gained
           Riches
           there
           may
           be
           reckoned
           in
           their
           two
           Sheriffs
           Courts
           twice
           every
           week
           in
           the
           Year
           ,
           holden
           no
           less
           than
           two
           hundred
           Actions
           and
           Arrests
           weekly
           ,
           entered
           and
           made
           upon
           Debts
           which
           makes
           no
           more
           disturbance
           than
           a
           quiet
           putting
           in
           of
           Bail
           ,
           which
           secures
           the
           Debt
           more
           than
           it
           was
           before
           .
        
         
           And
           in
           all
           the
           Counties
           ,
           Cities
           ,
           and
           Corporations
           of
           England
           and
           Wales
           ,
           as
           well
           as
           in
           the
           City
           of
           London
           ,
           the
           death
           of
           a
           Bailiff
           ,
           Serjeant
           at
           Mace
           or
           Catchpole
           ,
           is
           not
           to
           be
           found
           in
           the
           remembrance
           of
           the
           most
           aged
           persons
           .
        
         
           And
           the
           Writs
           and
           Records
           of
           the
           Courts
           of
           Westminster
           ,
           from
           which
           very
           many
           Writs
           
           and
           Proces
           do
           Issue
           ,
           and
           are
           to
           be
           returned
           into
           ,
           cannot
           shew
           any
           frequency
           of
           Writs
           of
           Rescues
           ,
           or
           any
           assaults
           made
           upon
           the
           Sheriffs
           or
           their
           Bayliffs
           ,
           in
           the
           Execution
           of
           them
           .
        
         
           And
           if
           the
           Proposers
           of
           this
           Bill
           and
           great
           Alteration
           of
           the
           Laws
           ,
           will
           not
           think
           themselves
           to
           be
           prejudiced
           if
           they
           should
           speak
           according
           to
           the
           Truth
           ,
           and
           what
           every
           man
           upon
           the
           visible
           evidence
           of
           demonstration
           and
           Records
           ,
           may
           rationally
           believe
           .
        
         
           It
           cannot
           be
           denied
           ,
           but
           if
           there
           be
           in
           one
           County
           or
           City
           
             two
             Thousand
          
           Writs
           or
           Actions
           of
           Debt
           ,
           made
           out
           in
           a
           year
           to
           Arrest
           ,
           not
           above
           five
           hundred
           of
           them
           do
           proceed
           or
           come
           to
           Appearance
           ,
           and
           that
           of
           that
           
             five
             hundred
          
           unagreed
           ,
           there
           are
           scarce
           half
           of
           them
           that
           are
           declared
           against
           ,
           or
           make
           any
           defence
           ,
           and
           not
           half
           of
           that
           half
           ever
           come
           to
           be
           tryed
           ,
           and
           that
           those
           do
           also
           most
           commonly
           come
           to
           an
           end
           or
           determination
           .
        
         
           Where
           there
           is
           no
           Demurrers
           ,
           or
           matters
           of
           difficulty
           in
           Law
           ,
           or
           peevishness
           in
           some
           of
           the
           parties
           to
           occasion
           the
           contrary
           ,
           within
           less
           than
           a
           third
           Term
           ,
           that
           many
           thousands
           of
           Actions
           are
           both
           in
           the
           Superior
           courts
           at
           Westminster
           ,
           and
           the
           Country
           and
           hundred
           
           court
           Barons
           ,
           and
           the
           inferior
           Courts
           ,
           determined
           within
           a
           few
           days
           ,
           weeks
           ,
           or
           months
           ,
           very
           many
           in
           a
           quarter
           of
           a
           year
           ,
           and
           those
           that
           remain
           uncompounded
           and
           undispatched
           ,
           do
           not
           survive
           the
           contention
           or
           trouble
           of
           half
           a
           year
           after
           the
           Suit
           commenced
           or
           begun
           .
        
         
           So
           that
           all
           things
           considered
           ,
           if
           the
           Laws
           and
           Praxis
           in
           
             Scotland
             ,
             France
             ,
             Spain
             ,
             Germany
             ,
             Italy
             ,
             Holland
             ,
             Brabant
             ,
          
           and
           all
           the
           other
           Kingdoms
           and
           Provinces
           of
           the
           Christian
           world
           ,
           civil
           and
           municipal
           ,
           shall
           be
           rightly
           compared
           with
           our
           more
           happy
           ,
           less
           troublesome
           ,
           and
           chargable
           ,
           they
           will
           not
           be
           found
           to
           afford
           to
           their
           people
           such
           a
           quick
           dispatch
           of
           Justice
           adaequate
           ,
           and
           ready
           way
           unto
           it
           as
           ours
           have
           done
           ,
           and
           will
           always
           do
           ,
           if
           they
           be
           not
           turned
           out
           of
           their
           old
           course
           and
           channel
           .
        
         
           By
           an
           Invention
           now
           proposed
           ,
           which
           will
           be
           as
           illegal
           as
           unparallel'd
           ,
           and
           hath
           no
           other
           precedent
           or
           pattern
           then
           that
           late
           way
           of
           proceeding
           in
           Actions
           of
           Ejectment
           hatched
           in
           the
           leveling
           or
           Oliverian
           times
           ,
           and
           hath
           then
           and
           ever
           since
           amongst
           knowing
           and
           good
           men
           ,
           gained
           no
           better
           an
           esteem
           then
           that
           of
           a
           publick
           grievance
           ,
           and
           a
           
             monstrum
             horrendum
             informe
             ingens
             cui
             lumen
             ademptum
             ,
          
           spawned
           and
           bred
           up
           in
           
           a
           Rebellion
           ,
           when
           Monarchy
           was
           Banished
           ,
           and
           the
           word
           of
           God
           and
           Laws
           of
           the
           Land
           were
           shamefully
           ,
           and
           as
           much
           as
           they
           could
           ,
           be
           misused
           .
        
         
           For
           that
           there
           is
           an
           absurdity
           ,
           confusion
           ,
           and
           
             Hysteron
             Proteron
          
           in
           it
           ,
           putting
           the
           Cart
           before
           the
           Horse
           ,
           and
           making
           a
           Declaration
           which
           should
           be
           after
           a
           summons
           Executed
           ,
           and
           Appearance
           entred
           to
           precede
           the
           Appearance
           ,
           and
           at
           the
           same
           time
           go
           along
           with
           the
           Summons
           ,
           with
           a
           prefixion
           but
           from
           one
           Terme
           to
           the
           next
           ,
           which
           betwixt
           Easter
           and
           Trinity
           Terme
           ,
           being
           but
           with
           an
           Interval
           of
           seventeen
           days
           ,
           Sundays
           not
           excepted
           ,
           will
           be
           too
           short
           ,
           peremptory
           ,
           and
           prejudicial
           to
           Defendants
           ,
           and
           in
           the
           Lent
           Vacation
           ,
           which
           is
           commonly
           three
           Months
           ,
           and
           the
           Summer
           Vacation
           which
           is
           never
           less
           than
           15
           weeks
           ,
           and
           sometimes
           longer
           ,
           may
           be
           as
           inconvenient
           to
           Plaintiffs
           ,
           who
           by
           the
           ancient
           and
           more
           legal
           prefixions
           ,
           with
           the
           small
           distance
           of
           time
           of
           15
           days
           from
           return
           to
           return
           ,
           in
           the
           Term
           time
           might
           sooner
           have
           recovered
           their
           Debts
           ,
           appoints
           no
           Tryal
           by
           Juries
           ,
           nor
           declares
           by
           what
           certain
           Authority
           or
           Court
           the
           Summons
           shall
           be
           made
           ,
           whether
           by
           the
           Parties
           ,
           
           Plaintiffs
           ,
           or
           otherwise
           ,
           and
           gives
           a
           promiscuous
           Conusance
           of
           Pleas
           to
           all
           the
           Courts
           of
           Law
           at
           Westminster
           ,
           when
           as
           all
           but
           the
           court
           of
           Common
           Pleas
           ,
           (
           some
           cases
           of
           priviledge
           excepted
           )
           have
           by
           our
           ancient
           Laws
           ,
           and
           
             Magna
             Charta
          
           ,
           no
           jurisdiction
           or
           right
           therein
           .
        
         
           Makes
           the
           Summons
           for
           a
           time
           to
           come
           to
           falsifie
           the
           Declaration
           if
           at
           the
           same
           time
           deliver'd
           with
           it
           ,
           to
           suppose
           it
           to
           be
           already
           made
           ,
           and
           the
           Declaration
           which
           supposeth
           it
           to
           be
           already
           made
           ,
           and
           is
           and
           ought
           to
           be
           a
           copy
           of
           the
           Record
           in
           the
           Court
           wherein
           the
           Action
           is
           pretended
           to
           be
           laid
           ,
           and
           intended
           to
           be
           Tryed
           ;
           to
           say
           he
           was
           Summoned
           when
           he
           was
           not
           ,
           the
           Fieri
           to
           be
           a
           Factum
           ,
           and
           the
           future
           to
           be
           a
           past
           or
           present
           ,
           and
           will
           create
           some
           contradictions
           when
           the
           injured
           defendant
           shall
           come
           to
           wage
           his
           law
           ,
           make
           Affidavit
           of
           a
           
             non
             Summons
          
           ,
           or
           bring
           his
           action
           for
           damages
           sustained
           by
           a
           false
           Affidavit
           or
           returne
        
         
           And
           will
           be
           sure
           enough
           to
           produce
           as
           necessary
           effects
           of
           causes
           ,
           very
           many
           not
           easie
           to
           be
           altogether
           foreseen
           or
           enumerated
           mischeifs
           and
           inconveniences
           .
        
         
           Overturn
           and
           mutilate
           all
           our
           fundamental
           
           Laws
           ,
           upon
           which
           the
           Monarchy
           of
           England
           ,
           the
           best
           of
           Governments
           ,
           and
           less
           arbitrary
           in
           the
           world
           ,
           and
           the
           Justice
           of
           our
           Nation
           have
           for
           above
           one
           Thousand
           years
           been
           built
           and
           established
           ,
           and
           cut
           and
           canton
           both
           it
           and
           our
           well
           tempered
           Monarchy
           into
           little
           pieces
           ,
           and
           bring
           them
           as
           near
           as
           may
           be
           to
           an
           unhappy
           Republique
           ,
           which
           will
           neither
           fit
           ,
           or
           be
           for
           the
           good
           of
           the
           Nation
           .
        
         
           Deform
           ,
           or
           almost
           annihilate
           our
           long
           approved
           Courts
           of
           Justice
           at
           Westminster
           ,
           by
           taking
           away
           a
           great
           part
           of
           the
           Process
           ,
           
           and
           excellent
           Formes
           and
           Proceedings
           thereof
           ,
           as
           Adonizebek
           is
           said
           to
           have
           done
           to
           his
           Captive
           Kings
           ,
           when
           he
           did
           cut
           off
           their
           Thumbs
           and
           great
           Toes
           ,
           destroy
           a
           great
           part
           of
           the
           Kings
           Prerogative
           which
           limited
           and
           bounded
           by
           our
           Laws
           and
           our
           Kings
           and
           Princes
           Concessions
           ,
           is
           no
           more
           than
           his
           just
           and
           necessary
           means
           of
           Government
           ,
           and
           in
           and
           by
           his
           High
           court
           of
           Chancery
           superintends
           over
           all
           the
           Courts
           of
           Justice
           in
           the
           Kingdom
           .
        
         
           And
           as
           to
           the
           Law
           and
           Latine
           part
           of
           it
           ,
           and
           granting
           out
           of
           Writs
           remedial
           under
           his
           
             Teste
             meipso
          
           ,
           will
           appear
           to
           be
           a
           Court
           as
           antient
           as
           the
           reason
           and
           civility
           of
           the
           Nation
           ,
           from
           
           which
           all
           the
           other
           Courts
           of
           
           Westminster-Hall
           ,
           Country-courts
           ,
           Sheriffs
           Turns
           ,
           Court-Leets
           and
           Baron
           ,
           and
           all
           other
           Courts
           inferior
           in
           the
           Realm
           ,
           may
           truly
           be
           said
           to
           have
           their
           beginning
           ,
           the
           Matrix
           or
           Womb
           of
           all
           our
           
             Fundamental
             Laws
          
           ,
           either
           before
           or
           since
           
             Magna
             Charta
          
           ,
           which
           had
           its
           birth
           and
           being
           from
           it
           ,
           the
           Repository
           (
           under
           the
           King
           in
           the
           absence
           of
           Parliaments
           )
           of
           Justice
           in
           all
           cases
           where
           an
           appeal
           to
           the
           King
           or
           Parliament
           ,
           or
           the
           helps
           of
           Parliament
           shall
           be
           necessary
           ,
           the
           Custome
           of
           the
           Nation
           
             Officina
             Justitiae
          
           ,
           place
           and
           work-house
           of
           Justice
           ,
           
             &
             Lex
             Terrae
          
           ,
           as
           it
           was
           in
           the
           year
           1641.
           alleaged
           to
           have
           been
           by
           the
           then
           House
           of
           Commons
           in
           Parliament
           .
        
         
           Take
           away
           a
           considerable
           part
           of
           the
           rights
           and
           priviledges
           of
           Parliaments
           ,
           Nobility
           ,
           Peerage
           and
           Parliament
           Men.
           
        
         
           And
           the
           Liberties
           not
           only
           of
           them
           ,
           but
           many
           of
           the
           Gentry
           ,
           and
           men
           of
           great
           Estates
           in
           the
           Kingdom
           ,
           some
           of
           them
           very
           largely
           extended
           in
           the
           Executing
           of
           Process
           and
           
             returna
             brevium
          
           ,
           by
           the
           Charters
           of
           our
           Kings
           and
           Princes
           ,
           or
           a
           long
           prescription
           have
           been
           granted
           or
           permitted
           ,
           and
           vested
           in
           them
           ,
           and
           their
           Ancestors
           
           and
           Predecessors
           ,
           and
           in
           52
           counties
           of
           England
           and
           Wales
           ,
           may
           after
           an
           account
           but
           of
           20
           in
           a
           county
           one
           with
           another
           ,
           amount
           to
           no
           less
           than
           one
           Thousand
           ,
           and
           of
           the
           Lords
           also
           of
           Mannors
           in
           their
           court
           Barons
           ,
           which
           ,
           according
           to
           the
           computation
           but
           of
           
             three
             hundred
          
           Mannors
           and
           court
           Barons
           in
           every
           of
           the
           said
           Counties
           one
           with
           another
           ,
           will
           in
           all
           probability
           make
           a
           total
           of
           
             fifteen
             Thousand
             and
             six
             Hundred
          
           ,
           
           if
           not
           a
           great
           many
           more
           ,
           which
           the
           Commons
           in
           Parliament
           in
           the
           33.
           year
           of
           the
           Raign
           of
           King
           Henry
           the
           VI.
           were
           so
           unwilling
           to
           have
           invaded
           by
           the
           then
           undue
           practise
           of
           Attournys
           ,
           as
           they
           did
           Petition
           the
           King
           
             for
             the
             Love
             of
             God
             ,
             and
             in
             the
             way
             of
             Charity
             ,
          
           to
           forbid
           it
           under
           great
           Penalties
           ,
           which
           the
           King
           granted
           ,
           
             If
             it
             be
             thought
             to
             the
             Judges
             reasonable
             ,
          
           who
           being
           thereupon
           consulted
           ,
           an
           Allocatur
           of
           that
           Petition
           was
           entered
           in
           the
           Margent
           of
           the
           Parliament
           Roll.
           
        
         
           Overthrow
           ,
           or
           put
           into
           a
           Chaos
           or
           confusion
           all
           or
           much
           of
           the
           long
           used
           course
           and
           order
           of
           Process
           and
           Justice
           in
           the
           large
           and
           ancient
           Jurisdictions
           of
           the
           courts
           of
           Marshal-sea
           ,
           Principality
           of
           Wales
           ,
           Dutchy
           of
           Lancaster
           ,
           and
           country
           Palatines
           of
           Chester
           and
           Durham
           .
        
         
         
           And
           do
           the
           like
           to
           those
           great
           Jurisdictions
           of
           the
           Cinque-ports
           ,
           and
           the
           Admiralty
           whose
           business
           and
           the
           ancient
           course
           and
           manage
           thereof
           ,
           cannot
           conform
           to
           the
           designs
           of
           such
           an
           unpracticable
           way
           of
           getting
           in
           of
           Debts
           .
        
         
           Lame
           and
           discourage
           the
           very
           ancient
           and
           useful
           ,
           if
           something
           better
           ordered
           Offices
           of
           
             Sheriffs
             ,
             Under-Sheriffs
          
           ,
           and
           their
           Bayliffs
           ,
           in
           the
           Execution
           of
           Justice
           ,
           and
           the
           Proces
           of
           the
           courts
           thereof
           ,
           by
           turning
           much
           of
           their
           business
           into
           a
           worse
           condition
           .
        
         
           Change
           and
           inconvenience
           the
           Government
           of
           the
           City
           of
           London
           ,
           and
           Borough
           of
           Southwark
           ,
           and
           of
           all
           the
           Cities
           ,
           Boroughs
           ,
           and
           Towns
           corporate
           of
           England
           and
           Wales
           ,
           in
           their
           several
           administrations
           of
           Justice
           .
        
         
           And
           like
           a
           Hurricano
           whirling
           ,
           and
           passed
           through
           the
           Nation
           ,
           at
           once
           spoil
           or
           confound
           all
           the
           
             Courts
             of
             Justice
          
           ,
           great
           and
           little
           ,
           therein
           and
           abridge
           or
           take
           from
           them
           their
           antient
           and
           hitherto
           justly
           allowed
           Rights
           and
           Jurisdictions
           ,
           which
           to
           them
           and
           their
           predecessors
           ,
           have
           with
           our
           incomparable
           
             Magna
             Charta
          
           ,
           been
           no
           seldomer
           than
           30
           times
           confirmed
           by
           Acts
           of
           Parliament
           .
        
         
         
           
             VVill
             be
             directly
             repugnant
             unto
             ,
             and
             against
          
           Magna
           Charta
           ,
           
           
             and
             the
             Statute
             of
          
           42.
           
           E.
           3.
           
             a
             branch
             or
             limb
             thereof
             ,
             which
             at
             the
          
           request
           of
           the
           Commons
           ,
           
             and
             for
             the
             good
             governance
             of
             them
             ,
             ordained
             that
          
           none
           be
           put
           to
           answer
           without
           presentment
           before
           Justices
           ,
           or
           matter
           of
           Record
           ,
           or
           by
           due
           Process
           of
           Law
           ,
           and
           Writ
           Original
           ,
           according
           to
           the
           Old
           Law
           of
           the
           Land.
           
        
         
           And
           if
           any
           thing
           should
           from
           thenceforth
           be
           done
           to
           the
           contrary
           ,
           it
           should
           be
           void
           in
           the
           Law
           ,
           and
           holden
           for
           Error
           .
        
         
           Be
           a
           great
           loss
           and
           damage
           to
           the
           King
           ,
           in
           his
           Fines
           and
           Seals
           of
           Original
           VVrits
           ,
           the
           Seals
           of
           the
           VVrits
           and
           Process
           Issuing
           out
           of
           his
           
             Courts
             of
             Kings
             Bench
             ,
             Common
             Pleas
             ,
             Exchecquer
             ,
             Principality
             of
             Wales
             ,
             Dutchy
             of
             Lancaster
             ,
          
           and
           
             County
             Palatine
             of
             Chester
          
           ,
           and
           the
           amercements
           and
           Issues
           forfeited
           or
           returned
           upon
           
             Caepi
             Corpus
          
           ,
           Writs
           of
           
             Habeas
             Corpus
          
           ,
           and
           Distringasses
           ;
           all
           which
           were
           intended
           by
           Law
           to
           be
           assistant
           to
           the
           defraying
           of
           his
           great
           charges
           in
           the
           Salaries
           and
           supports
           of
           the
           
             Lord
             Keeper
             ,
             Master
             of
             the
             Rolls
             ,
             Judges
             ,
          
           and
           Officers
           imployed
           in
           the
           Administration
           of
           Justice
           ,
           which
           taken
           away
           ,
           will
           render
           him
           to
           be
           in
           that
           particular
           less
           considered
           ,
           and
           in
           
           a
           worse
           case
           then
           
             Oliver
             Cromwel
          
           was
           ,
           who
           by
           his
           miscalled
           Parliaments
           ,
           and
           Instrument
           of
           an
           Arbitrary
           Protectorship
           ,
           was
           besides
           his
           charge
           of
           the
           Navy
           ,
           and
           Horse
           and
           Foot
           Guards
           ,
           allowed
           
             two
             hundred
             thousand
             pounds
             per
             Annum
             ,
          
           for
           the
           charge
           of
           the
           Government
           and
           Administration
           of
           Justice
           .
        
         
           Take
           away
           from
           the
           King
           much
           of
           the
           Law
           Tax
           upon
           the
           writs
           and
           process
           ,
           which
           a
           late
           Act
           of
           Parliament
           consented
           unto
           for
           supply
           of
           his
           urgent
           occasions
           ,
           and
           bereave
           him
           of
           his
           never
           denied
           Prerogative
           ,
           and
           benefit
           of
           Utlaries
           .
        
         
           Extirpate
           the
           Antiently
           and
           legally
           allowed
           Essoynes
           
             de
             malo
             lecti
          
           ,
           or
           
             veniendo
             ,
             de
             ultra
             mare
          
           ,
           or
           
             in
             servitio
             Regio
          
           ,
           or
           any
           hinderance
           which
           might
           happen
           to
           excuse
           their
           non-appearance
           after
           a
           lawful
           Summons
           in
           Debt
           ,
           which
           by
           the
           Laws
           of
           Nature
           and
           Nations
           have
           been
           in
           cases
           of
           necessity
           ,
           Inundation
           of
           waters
           ,
           or
           imployment
           for
           the
           publick
           never
           denied
           .
        
         
           Turne
           all
           ,
           or
           the
           most
           of
           the
           proceedings
           upon
           Actions
           of
           Debt
           into
           Surprizes
           and
           Defaults
           ,
           and
           disturbe
           the
           more
           deliberate
           ,
           satisfactory
           ,
           and
           safe
           way
           of
           Tryals
           by
           Juries
           .
        
         
         
           Make
           a
           default
           which
           no
           Law
           ever
           did
           ,
           to
           have
           the
           force
           and
           effect
           of
           a
           Verdict
           by
           Jury
           when
           there
           was
           none
           .
        
         
           And
           debar
           the
           helps
           of
           
             Writs
             of
             Error
          
           ,
           when
           all
           Mankind
           ,
           as
           well
           Judges
           as
           Juries
           ,
           and
           the
           parties
           and
           their
           Councel
           on
           both
           sides
           ,
           may
           erre
           ,
           and
           can
           have
           no
           assurance
           to
           be
           Infallible
           .
        
         
           
             Deprive
             the
             People
             of
             that
             part
             of
             our
          
           Magna
           Charta
           ,
           
           
             which
             would
             have
          
           no
           man
           amerced
           for
           a
           small
           fault
           ,
           but
           after
           the
           manner
           of
           the
           fault
           ,
           and
           for
           a
           great
           fault
           ,
           after
           the
           quantity
           thereof
           ,
           saving
           to
           him
           his
           Contenement
           ,
           and
           to
           a
           Merchant
           his
           Merchandise
           ,
           
             and
             that
          
           none
           be
           amerced
           but
           by
           the
           Oath
           of
           good
           and
           lawful
           Men
           of
           the
           vicinage
           ,
           
             which
             did
             not
             certainly
             intend
             a
             Debtor
             to
             be
             ruined
             for
             a
             small
             default
             ,
             or
             to
             be
             debarred
             of
             his
             Tryal
             by
             his
             Peers
             .
          
        
         
           And
           obliterate
           the
           equity
           of
           the
           Act
           of
           Parliament
           of
           13.
           
           E.
           1.
           which
           providing
           
             that
             he
             that
             recovereth
          
           a
           Debt
           ,
           
           may
           Sue
           Execution
           by
           writ
           of
           
             Fieri
             facias
          
           ,
           or
           Elegit
           excepteth
           
             the
             Oxen
             and
             Beasts
             of
             the
             Plow
             ,
          
           and
           cannot
           be
           rationally
           supposed
           to
           favour
           such
           a
           Ruine
           upon
           a
           Debtor
           ,
           when
           for
           want
           of
           evidence
           and
           witnesses
           ,
           he
           shall
           not
           be
           able
           to
           escape
           the
           fury
           of
           such
           a
           default
           .
        
         
         
           And
           likewise
           that
           part
           of
           
             Magna
             Charta
          
           which
           granted
           that
           
             the
             City
             of
             London
             should
             have
             and
             enjoy
             all
             the
             old
             Liberties
             and
             Customes
             ,
          
           
           
             which
             it
             hath
             been
             used
             to
             have
             ,
             and
             that
             all
             other
             Cities
             ,
             Boroughs
             ,
             and
             Towns
             ,
             and
             the
             Barons
             of
             the
             five
             Ports
             ,
             and
             all
             other
             Ports
             ,
             should
             have
             all
             their
             Liberties
             and
             free
             Customs
             ,
          
           and
           did
           not
           take
           it
           (
           as
           it
           may
           be
           conjectured
           )
           to
           be
           any
           reason
           that
           a
           surprize
           in
           Actions
           or
           Suits
           for
           Debts
           ,
           should
           by
           Malice
           or
           Tricks
           ,
           without
           pleading
           ,
           or
           reasonable
           time
           given
           for
           Defence
           ,
           destroy
           them
           and
           their
           Trade
           ,
           and
           Families
           ,
           and
           all
           their
           endeavors
           before
           and
           after
           .
        
         
           VVhich
           the
           prudent
           Romans
           held
           to
           be
           so
           unjust
           ,
           as
           where
           they
           gave
           a
           Plaintiff
           but
           three
           hours
           to
           Plead
           ,
           they
           allowed
           the
           Defendant
           nine
           .
        
         
           And
           it
           is
           not
           yet
           gone
           out
           of
           the
           memory
           of
           Man
           ,
           that
           in
           the
           year
           1642
           or
           1643
           ,
           the
           course
           of
           stealing
           or
           hurrying
           of
           Judgments
           ,
           now
           unhappily
           borrowed
           from
           the
           Innovation
           of
           the
           late
           wicked
           times
           of
           Usurpation
           in
           Actions
           of
           Ejectment
           ,
           was
           believed
           by
           Justice
           Bacon
           in
           the
           Court
           of
           
             Kings
             Bench
          
           ,
           and
           Justice
           Reeve
           in
           the
           Court
           of
           
             Common
             Pleas
          
           ,
           to
           be
           such
           a
           vioviolation
           
           of
           our
           Laws
           ,
           as
           they
           Publickly
           declaimed
           against
           it
           ,
           and
           threatned
           to
           imprison
           any
           Attorney
           that
           should
           practice
           in
           such
           a
           manner
           .
        
         
           And
           with
           great
           authority
           and
           warrant
           of
           our
           Lawes
           ,
           and
           right
           reason
           ,
           for
           that
           as
           it
           was
           justly
           and
           truely
           said
           by
           the
           Judges
           in
           the
           Reign
           of
           King
           Edward
           the
           first
           ,
           that
           
             non
             summonitus
             nec
             attachiatus
             per
             Legem
             terre
             prejudiciari
             non
             potest
             ,
          
           and
           Fleta
           an
           approved
           Lawyer
           in
           the
           Reign
           of
           that
           King
           ,
           and
           King
           Edward
           the
           second
           his
           Son
           hath
           published
           it
           to
           be
           a
           great
           and
           known
           Truth
           ,
           that
           the
           Court
           of
           
             Common
             Pleas
          
           cannot
           hold
           Plea
           in
           real
           and
           personal
           Actions
           ,
           without
           the
           Commission
           or
           Authority
           of
           a
           Writ
           original
           out
           of
           the
           Chancery
           ,
           
           and
           that
           without
           it
           ,
           
             nec
             Warrantum
             nec
             Jurisdictionem
             neque
             Coercionem
             habent
             ,
          
           and
           our
           Laws
           did
           then
           and
           long
           after
           not
           proceed
           upon
           such
           warrant
           or
           commission
           until
           the
           Plaintiff
           had
           actually
           given
           sureties
           to
           prosecute
           and
           maintain
           his
           action
           ,
           and
           the
           Sheriff
           to
           whom
           such
           original
           Writ
           was
           directed
           ,
           for
           to
           summon
           or
           attach
           the
           debtor
           to
           appear
           before
           the
           said
           justices
           had
           returned
           that
           he
           was
           summoned
           or
           attached
           as
           the
           nature
           of
           the
           Action
           
           required
           ,
           or
           had
           nothing
           whereby
           to
           be
           summoned
           or
           attached
           .
        
         
           When
           but
           a
           few
           years
           preceding
           ,
           that
           well
           deserved
           indignation
           of
           those
           two
           worthy
           Judges
           ,
           that
           excellent
           ,
           most
           just
           ,
           lawdable
           ,
           and
           rational
           course
           of
           justice
           had
           been
           endeavoured
           to
           have
           been
           subverted
           by
           one
           Elsliot
           of
           a
           degree
           betwixt
           an
           Attorney
           and
           a
           Barrister
           ,
           and
           a
           man
           very
           bold
           &
           able
           enough
           to
           make
           and
           contrive
           tricks
           and
           abuses
           in
           Law
           proceedings
           ,
           who
           having
           about
           the
           middle
           of
           the
           reign
           of
           King
           Charles
           the
           Martyr
           as
           a
           Reprobate
           and
           
             Cast
             away
          
           in
           the
           Law
           shifted
           himself
           from
           England
           into
           Ireland
           ,
           and
           from
           thence
           after
           some
           bad
           prancks
           there
           played
           returning
           back
           again
           with
           as
           much
           poverty
           as
           impudence
           attending
           upon
           him
           ,
           and
           having
           a
           desire
           to
           get
           some
           money
           by
           a
           contrivance
           ,
           to
           gain
           a
           sudaine
           possession
           of
           some
           Lands
           or
           houses
           for
           one
           as
           bad
           as
           himself
           ,
           upon
           a
           judgment
           by
           default
           against
           the
           Landlord
           or
           his
           Tenant
           who
           were
           to
           know
           nothing
           of
           it
           ,
           caused
           a
           declaration
           to
           be
           prepared
           in
           an
           action
           of
           Ejectment
           against
           a
           feigned
           Def
           
           t.
           or
           ejector
           in
           the
           name
           of
           a
           feigned
           Lessee
           upon
           a
           short
           Lease
           pretended
           to
           be
           made
           by
           his
           naughty
           Clyent
           ,
           and
           left
           at
           the
           house
           of
           the
           
           Tenant
           ,
           who
           not
           well
           apprehending
           the
           force
           and
           extent
           of
           the
           project
           ,
           a
           judgment
           by
           default
           was
           entred
           ,
           possession
           surprized
           and
           taken
           for
           which
           upon
           complaint
           made
           to
           the
           Judges
           of
           the
           Court
           of
           Kings
           Bench
           ,
           in
           which
           Court
           the
           action
           was
           supposed
           to
           have
           been
           laid
           ,
           and
           examination
           of
           the
           fact
           ,
           the
           judgment
           was
           made
           void
           ,
           possession
           restored
           ,
           and
           Master
           Elsliot
           the
           contriver
           ,
           committed
           and
           told
           by
           Justice
           Barkley
           ,
           that
           it
           was
           
             a
             shame
             that
             ever
             he
             should
             come
             or
             shew
             his
             face
             in
             a
             Court
             of
             justice
             .
          
        
         
           Howsoever
           getting
           himself
           afterwards
           enlarged
           ,
           and
           the
           confusion
           and
           troubles
           of
           the
           late
           civil
           Warrs
           disturbing
           and
           breaking
           in
           upon
           the
           Law
           and
           all
           the
           Courts
           of
           Justice
           ,
           Mr.
           Elsliot
           ;
           began
           again
           to
           appear
           to
           be
           somebody
           ,
           &
           engages
           in
           another
           exploit
           ,
           which
           was
           to
           gain
           by
           the
           like
           device
           ,
           accompanied
           with
           force
           &
           some
           other
           naughty
           ways
           ,
           possession
           of
           an
           house
           and
           a
           very
           considerable
           estate
           in
           Lands
           in
           the
           County
           of
           Essex
           of
           Sir.
           
             Adam
             Littletons
          
           the
           Father
           of
           Sir
           
             Thomas
             Littleton
          
           Knight
           ,
           now
           a
           member
           of
           the
           house
           of
           Commons
           in
           Parliament
           ,
           who
           to
           his
           great
           cost
           and
           trouble
           endeavouring
           to
           extricate
           and
           free
           himself
           and
           his
           Fathers
           Estate
           from
           the
           peril
           and
           danger
           of
           
           such
           a
           villany
           ,
           may
           well
           remember
           that
           a
           counterfeit
           record
           was
           in
           that
           pretended
           suit
           privatly
           layd
           in
           the
           office
           of
           the
           Records
           in
           the
           Tower
           of
           London
           ,
           sworn
           unto
           ,
           and
           offered
           to
           be
           justified
           ,
           but
           was
           at
           length
           taken
           as
           it
           ought
           to
           be
           for
           a
           Roguish
           piece
           of
           Forgery
           ,
           and
           Sir
           
             Adam
             Littleton
          
           and
           his
           Estate
           freed
           from
           any
           further
           disturbance
           .
        
         
           Whilst
           that
           no
           smal
           parcel
           of
           Knavery
           being
           in
           great
           respect
           with
           the
           Agitators
           of
           the
           then
           called
           Parliament
           Army
           ,
           Levellers
           &
           other
           
             State
             moulders
          
           ,
           and
           stiling
           himself
           the
           Esquire
           
             at
             armes
          
           ,
           being
           somtimes
           a
           Prisoner
           in
           New-gate
           ,
           and
           somtimes
           out
           ,
           wanted
           not
           a
           Liberal
           maintenance
           from
           his
           Patrons
           and
           
             great
             Masters
          
           ,
           until
           death
           shortly
           after
           unexpectedly
           rid
           the
           world
           of
           him
           .
        
         
           From
           which
           reasonless
           and
           ungodly
           formula
           or
           way
           of
           proceeding
           ,
           rather
           to
           be
           exploded
           then
           embraced
           in
           actions
           of
           Ejectment
           ,
           and
           so
           utterly
           against
           the
           Law
           (
           evil
           examples
           being
           oftner
           followed
           then
           good
           )
           by
           some
           of
           his
           proselites
           and
           the
           connivance
           or
           want
           of
           courage
           in
           some
           of
           the
           Judges
           ,
           in
           the
           time
           of
           the
           Cromwelian
           usurpation
           ,
           
             dum
             sui
             non
             fuerunt
          
           ,
           knowing
           better
           ,
           but
           doing
           worse
           ,
           the
           same
           came
           again
           to
           
           be
           revived
           ,
           and
           creep
           into
           an
           allowance
           ,
           with
           a
           note
           indorced
           by
           the
           Attorney
           in
           the
           name
           of
           the
           incognito
           or
           casual
           ejector
           ,
           directed
           to
           the
           Tenant
           or
           Landlord
           ,
           requiring
           them
           to
           appeare
           and
           look
           to
           the
           action
           ,
           and
           confess
           
             Lease
             Ouster
          
           and
           Entry
           ,
           otherwise
           he
           must
           and
           would
           confess
           a
           judgment
           ,
           or
           let
           it
           pass
           by
           default
           .
        
         
           As
           if
           such
           a
           judgment
           acknowledged
           by
           practice
           and
           confederacy
           ,
           could
           not
           with
           a
           great
           deal
           of
           ease
           have
           been
           reversed
           by
           a
           court
           that
           should
           not
           be
           so
           abused
           ,
           and
           the
           parties
           contrivant
           severely
           punished
           .
        
         
           Of
           which
           kind
           of
           irregularity
           in
           the
           Law
           ▪
           and
           wandring
           out
           of
           the
           
             old
             Paths
          
           ,
           never
           to
           be
           justified
           ,
           the
           Justices
           of
           the
           court
           of
           Kings-bench
           have
           been
           so
           sensible
           as
           they
           have
           for
           some
           years
           last
           past
           ,
           caused
           a
           Writ
           of
           Latitat
           (
           which
           antiently
           was
           used
           to
           be
           warranted
           by
           a
           VVrit
           Original
           of
           the
           Chancery
           )
           to
           be
           awarded
           and
           sued
           out
           against
           the
           feigned
           ejector
           .
        
         
           And
           it
           is
           not
           half
           a
           yeare
           agoe
           ,
           since
           the
           Pillory
           of
           Westminster
           proclaimed
           a
           Brewer
           to
           be
           more
           Crafty
           then
           wise
           or
           honest
           ,
           when
           to
           gain
           an
           indirect
           possession
           of
           some
           houses
           by
           Judgments
           upon
           defaults
           ,
           having
           fudled
           the
           Tenants
           with
           Drink
           and
           Tobacco
           .
        
         
         
           And
           giving
           them
           peices
           of
           the
           declarations
           as
           waste
           paper
           ,
           when
           they
           knew
           not
           what
           had
           been
           written
           therein
           to
           give
           fire
           to
           their
           tobacco
           thought
           he
           had
           snapt
           them
           with
           judgments
           upon
           defaults
           when
           he
           made
           oath
           that
           he
           had
           left
           declarations
           at
           their
           houses
           ,
           where
           they
           were
           in
           that
           manner
           made
           drunk
           ,
           and
           could
           neither
           say
           or
           sware
           to
           the
           contrary
           .
        
         
           But
           unde
           or
           from
           whence
           soever
           it
           came
           ,
           or
           if
           this
           new
           manner
           of
           Law
           proceedings
           could
           have
           derived
           its
           pedegree
           from
           any
           more
           Noble
           an
           Ancestor
           .
        
         
           It
           will
           if
           every
           Client
           and
           his
           Attorney
           who
           is
           no
           member
           of
           the
           court
           ,
           but
           only
           represents
           his
           Client
           ,
           shall
           be
           suffered
           to
           make
           the
           summons
           or
           Citations
           ,
           and
           to
           be
           both
           Party
           ,
           Judge
           ,
           and
           Sheriff
           ,
           without
           an
           authentication
           of
           hand
           ,
           seal
           ,
           or
           stamp
           ,
           of
           any
           Court
           or
           their
           subordinate
           officers
           (
           which
           no
           Court
           of
           Justice
           ,
           Christian
           or
           Heathen
           ,
           hath
           yet
           adventured
           to
           allow
           )
           be
           hugely
           opposit
           to
           the
           rules
           and
           maximes
           ,
           as
           well
           of
           the
           Civil
           as
           the
           Comon
           Law
           ,
           used
           for
           more
           then
           one
           thousand
           years
           ,
           that
           
             nemo
             privatus
             Citare
             potest
          
           ,
           and
           bereave
           the
           high
           court
           of
           Chancery
           of
           those
           Rights
           which
           do
           truly
           and
           justly
           belong
           unto
           it
           ,
           and
           the
           Judges
           of
           all
           other
           the
           Courts
           and
           
           circuits
           of
           England
           and
           Wales
           ,
           who
           by
           an
           act
           of
           Parliament
           made
           in
           the
           thirteenth
           year
           of
           the
           Reign
           of
           King
           E.
           1.
           and
           by
           ancient
           custom
           long
           before
           used
           are
           to
           have
           their
           
             Clericos
             Irrotulantes
          
           sworn
           and
           intelligent
           officers
           to
           record
           and
           make
           their
           writs
           and
           process
           .
           
        
         
           Frustrate
           the
           Antiently
           well
           approved
           power
           of
           the
           court
           of
           Chancery
           in
           their
           process
           upon
           contempts
           ,
           when
           there
           shall
           be
           as
           there
           will
           always
           happen
           to
           be
           matters
           of
           Equity
           in
           cases
           of
           Fraud
           ,
           Combinations
           ,
           Hardships
           ,
           or
           Rigours
           of
           Law
           fit
           to
           be
           releived
           by
           the
           said
           court
           ,
           and
           a
           great
           deale
           more
           then
           were
           formerly
           ,
           if
           the
           Creditors
           shall
           by
           this
           new
           Model
           of
           common
           Law
           proceedings
           be
           let
           loose
           to
           act
           their
           own
           will
           and
           furies
           upon
           their
           insolvent
           or
           not
           punctually
           performing
           debtors
           ,
           and
           that
           high
           court
           shall
           upon
           contempts
           or
           disobedience
           of
           its
           process
           of
           Attachments
           or
           commissions
           of
           Rebellion
           have
           no
           power
           to
           punish
           them
           by
           arrest
           or
           imprisonment
           being
           the
           only
           meanes
           
             tueri
             Jurisdictionem
          
           to
           maintain
           and
           uphold
           its
           Authority
           and
           Jurisdictions
           .
        
         
           The
           hands
           of
           Justice
           and
           coercive
           power
           &
           authority
           of
           it
           ,
           will
           be
           paralitique
           manacled
           &
           
           less
           in
           the
           laying
           by
           of
           the
           Sheriffs
           and
           their
           very
           necessary
           under
           Officers
           ,
           by
           whom
           the
           Law
           received
           its
           Execution
           ,
           which
           is
           as
           the
           life
           of
           it
           ,
           and
           might
           as
           well
           be
           made
           use
           of
           in
           the
           Summons
           ,
           Attachment
           or
           Process
           before
           Judgment
           ,
           as
           they
           are
           to
           be
           afterwards
           ,
           where
           there
           are
           and
           may
           be
           dangers
           of
           killing
           of
           men
           (
           if
           ever
           there
           were
           so
           many
           as
           is
           informed
           )
           by
           how
           much
           an
           execution
           after
           Judgment
           of
           Body
           or
           goods
           being
           unbaylable
           ,
           is
           more
           terrible
           ,
           and
           to
           be
           avoided
           by
           the
           debtor
           ,
           then
           that
           which
           is
           baylable
           ,
           and
           in
           many
           cases
           to
           be
           discharged
           by
           an
           appearance
           only
           to
           the
           action
           ,
           and
           if
           the
           Plantiffs
           or
           their
           servants
           ,
           the
           Attornies
           ,
           Clarks
           ,
           Constables
           or
           Porters
           ,
           must
           be
           the
           Sheriffs
           or
           their
           Bailiffs
           ,
           there
           may
           be
           more
           danger
           of
           resistance
           ,
           killing
           ,
           tumults
           ,
           and
           commotions
           ,
           then
           ever
           there
           was
           of
           Bayliffs
           ,
           and
           of
           more
           extortion
           and
           tricks
           ,
           in
           those
           that
           are
           not
           sworn
           ,
           then
           in
           those
           that
           are
           sworne
           and
           bound
           up
           by
           many
           Statutes
           and
           Acts
           of
           Parliament
           ,
           and
           the
           penalties
           thereof
           .
        
         
           Or
           if
           arrests
           and
           the
           execution
           of
           Justice
           by
           the
           Sheriffs
           and
           their
           subordinate
           officers
           could
           be
           any
           primary
           or
           never
           failing
           efficient
           causes
           of
           the
           sl●ughters
           seldom
           happening
           upon
           
           arrests
           ,
           or
           that
           to
           prevent
           it
           there
           will
           be
           any
           such
           necessity
           of
           laying
           aside
           or
           disuseing
           that
           necessary
           office
           of
           Sheriffs
           in
           the
           execution
           of
           Justice
           ,
           as
           well
           after
           judgment
           as
           before
           ,
           that
           of
           the
           raising
           the
           
             posse
             comitatus
          
           in
           cases
           of
           a
           forcible
           resistance
           of
           their
           taking
           possessions
           or
           levying
           the
           Kings
           debts
           ,
           is
           to
           be
           put
           under
           the
           same
           fate
           ,
           and
           neither
           Sheriff
           or
           Constable
           may
           arrest
           a
           felon
           ,
           but
           obey
           the
           like
           method
           of
           Summoning
           him
           at
           his
           house
           or
           Lodging
           ,
           to
           know
           if
           he
           be
           willing
           to
           be
           indicted
           ,
           come
           to
           his
           Trial
           ,
           and
           adventure
           a
           Hanging
           .
        
         
           But
           no
           well
           built
           or
           grounded
           reason
           being
           likely
           to
           be
           found
           to
           support
           such
           reasonless
           and
           lawless
           opinions
           ,
           the
           Adorers
           of
           such
           Imagination
           may
           assure
           their
           disciples
           that
           Elias
           is
           to
           bring
           the
           reason
           ,
           and
           that
           until
           then
           they
           must
           expect
           it
           ,
           and
           may
           in
           the
           mean
           time
           do
           much
           better
           to
           give
           them
           leave
           to
           believe
           that
           .
        
         
           Such
           a
           System
           of
           
             Infamy
             and
             Cruelty
          
           ,
           and
           an
           unmerciful
           credit
           ,
           tearing
           course
           of
           summoning
           publickly
           by
           papers
           left
           at
           the
           debtors
           Houses
           or
           Lodgings
           ,
           or
           which
           is
           worse
           ,
           fastned
           upon
           the
           outward
           doores
           ,
           which
           the
           malitious
           contrivances
           or
           tricks
           of
           ill
           affected
           or
           violent
           
           Plaintiffs
           ,
           if
           not
           prohibited
           by
           some
           severe
           penalties
           ,
           will
           too
           often
           prompt
           them
           unto
           ,
           and
           in
           the
           consequence
           bring
           an
           Inundation
           of
           ruins
           upon
           this
           Nation
           who
           do
           now
           more
           than
           half
           of
           them
           live
           upon
           credit
           ,
           and
           are
           so
           generally
           indebted
           ,
           as
           they
           will
           not
           be
           much
           wide
           or
           from
           the
           Mark
           ,
           who
           do
           believe
           that
           half
           the
           Lands
           and
           Estates
           real
           and
           Personal
           of
           the
           Kingdom
           sold
           to
           the
           utmost
           will
           not
           be
           enough
           to
           pay
           the
           debts
           thereof
           .
        
         
           And
           by
           Suing
           out
           as
           it
           were
           Commissions
           of
           Bankrupt
           against
           all
           the
           Nation
           ,
           write
           ,
           
             Lord
             have
             mercy
             upon
             us
          
           ,
           upon
           too
           many
           mens
           doors
           ,
           and
           now
           there
           is
           so
           little
           money
           left
           them
           ,
           take
           a
           way
           the
           Credit
           that
           should
           help
           to
           support
           them
           .
        
         
           Add
           affliction
           to
           affliction
           to
           all
           the
           Loyal
           nobility
           Gentry
           ,
           and
           Citizens
           ,
           that
           had
           impoverished
           themselves
           by
           their
           Loyalty
           ,
           and
           taking
           part
           with
           their
           King
           and
           his
           Laws
           ,
           and
           the
           Church
           of
           England
           ,
           and
           leave
           them
           to
           the
           invisible
           mercy
           of
           those
           that
           did
           help
           to
           Rob
           ,
           Plunder
           ,
           and
           Sequester
           them
           .
        
         
           Bankrupt
           and
           undo
           most
           of
           the
           Tradesmen
           ,
           and
           be
           a
           meanes
           to
           help
           the
           over-hasty
           Creditors
           to
           a
           composition
           of
           four
           Shillings
           in
           
           the
           Pound
           ,
           or
           a
           great
           deal
           less
           ,
           when
           as
           otherwise
           ,
           with
           a
           little
           patience
           ,
           they
           might
           have
           had
           their
           whole
           debts
           pay'd
           unto
           them
           ,
           and
           make
           the
           unbridled
           fury
           of
           one
           Creditor
           ,
           to
           be
           a
           cause
           of
           the
           never
           payment
           of
           other
           Creditors
           debts
           .
        
         
           When
           plaintiffs
           are
           many
           times
           as
           unreasonable
           as
           they
           are
           unmerciful
           ,
           insolent
           and
           unperswadable
           ,
           where
           they
           can
           either
           find
           or
           keep
           advantages
           ,
           and
           that
           many
           an
           Action
           as
           well
           as
           many
           a
           Plaintiff
           ,
           may
           be
           Malitious
           ,
           Oppressive
           ,
           Unjust
           ,
           and
           Vexatious
           ,
           and
           such
           a
           fancied
           speedy
           way
           of
           geting
           in
           debts
           ,
           may
           be
           very
           instrumental
           for
           the
           advance
           of
           evil
           purposes
           and
           knavish
           designs
           .
        
         
           No
           Inhabitant
           of
           Wales
           where
           their
           Laws
           do
           already
           allow
           them
           an
           
             Iterum
             summons
          
           nor
           in
           the
           
             Cincque
             ports
          
           or
           any
           of
           the
           Counties
           palatine
           of
           
             Chester
             ,
             Lancaster
          
           ,
           or
           Durham
           ,
           will
           be
           able
           to
           borrow
           any
           money
           in
           London
           ,
           or
           out
           of
           their
           own
           Countries
           upon
           the
           best
           security
           ,
           when
           that
           those
           who
           shall
           be
           imployed
           to
           serve
           the
           Summons
           ,
           being
           not
           the
           Sheriffs
           officers
           ,
           may
           be
           in
           danger
           to
           be
           beaten
           ,
           and
           cannot
           be
           outlawed
           without
           several
           Writs
           of
           Capias
        
         
         
           Many
           Tradesmen
           do
           only
           subsist
           by
           their
           credits
           ,
           and
           take
           up
           great
           sums
           of
           money
           upon
           an
           opinion
           of
           their
           present
           abilities
           ,
           or
           future
           gain
           ,
           by
           which
           they
           do
           commonly
           give
           no
           other
           security
           then
           their
           Persons
           ,
           and
           by
           the
           advantages
           therof
           do
           many
           times
           by
           their
           industry
           attain
           unto
           great
           Estates
           ,
           but
           if
           the
           process
           of
           arrest
           be
           taken
           away
           ,
           they
           can
           hope
           no
           more
           to
           be
           so
           easily
           entrusted
           ,
           for
           that
           an
           Attachment
           of
           the
           person
           doth
           secure
           the
           plaintiffs
           debt
           ,
           either
           by
           present
           payment
           or
           causing
           other
           satisfaction
           ,
           which
           the
           proceedings
           by
           summons
           in
           this
           manner
           will
           never
           attain
           unto
           .
        
         
           The
           fear
           and
           disgrace
           of
           a
           Process
           of
           Arrest
           do
           put
           a
           period
           to
           many
           suits
           before
           the
           persons
           be
           attached
           ,
           and
           before
           apparance
           ,
           for
           that
           as
           a
           man
           will
           give
           all
           for
           his
           Life
           ,
           so
           he
           will
           do
           much
           for
           his
           Liberty
           ,
           and
           when
           men
           will
           either
           not
           regard
           a
           Summons
           ,
           or
           delay
           to
           give
           satisfaction
           or
           an
           apparance
           ,
           they
           will
           make
           a
           great
           deal
           more
           hast
           to
           prevent
           an
           arrest
           .
        
         
           Debtors
           are
           several
           times
           or
           often
           called
           upon
           by
           their
           Creditors
           ,
           which
           is
           asmuch
           as
           a
           Summons
           made
           without
           a
           Legal
           Officer
           ,
           but
           yet
           neither
           that
           nor
           a
           VVrit
           of
           summons
           doth
           drive
           the
           most
           of
           them
           ,
           to
           any
           care
           of
           
           payment
           ,
           until
           the
           Process
           of
           Arrest
           do
           issue
           forth
           ,
           which
           is
           more
           compulsory
           ,
           and
           will
           be
           sure
           to
           prove
           a
           more
           speedy
           remedy
           for
           the
           Creditors
           then
           the
           way
           of
           Summons
           .
        
         
           And
           a
           large
           and
           long
           experience
           
             consensu
             rectae
             rationis
             &
             totius
             antiquitatis
             ,
          
           and
           many
           ages
           will
           evidence
           that
           the
           benefit
           of
           the
           process
           of
           arrest
           hath
           been
           very
           great
           to
           this
           Nation
           ,
           and
           that
           the
           care
           and
           wisdom
           of
           several
           Statutes
           and
           acts
           of
           Parliament
           who
           have
           always
           provided
           for
           the
           publick
           before
           the
           private
           ,
           universals
           before
           particulars
           ,
           believed
           certainties
           before
           incertainties
           ,
           and
           long
           and
           never
           failing
           experiences
           before
           remote
           probabilities
           ,
           and
           have
           from
           time
           to
           time
           given
           a
           larger
           extent
           unto
           it
           then
           before
           it
           had
           ,
           may
           tell
           us
           that
           for
           many
           ages
           past
           it
           hath
           been
           the
           best
           remedie
           for
           the
           people
           to
           recover
           their
           debts
           ,
           and
           to
           compose
           other
           differences
           that
           our
           forefathers
           in
           some
           hundreds
           of
           years
           last
           past
           could
           devise
           .
        
         
           And
           that
           to
           give
           the
           force
           of
           an
           Utlary
           after
           Judgment
           in
           a
           few
           days
           upon
           such
           a
           peremptory
           summons
           betwixt
           the
           tearmes
           of
           Easter
           and
           Trinity
           ,
           and
           in
           the
           longer
           intervals
           ,
           betwixt
           the
           other
           termes
           ,
           doth
           scarcly
           allow
           half
           the
           time
           ,
           which
           our
           Laws
           thought
           reasonable
           
           and
           fit
           to
           the
           bringing
           of
           a
           man
           to
           be
           outlawed
           ,
           which
           for
           its
           rigour
           and
           severity
           ,
           
           was
           not
           by
           Law
           as
           Bracton
           saith
           to
           be
           over
           hastened
           ,
           but
           to
           be
           after
           three
           Writs
           of
           Capias
           returned
           
             non
             est
             inventus
          
           and
           eight
           several
           contempts
           more
           .
        
         
           Will
           settle
           upon
           the
           plaintiff
           a
           libertie
           appropriated
           only
           to
           a
           special
           
             Capias
             utlagatum
          
           ,
           to
           take
           both
           body
           and
           goods
           at
           one
           time
           ,
           which
           the
           Law
           where
           the
           body
           is
           first
           taken
           ,
           although
           the
           Lands
           and
           Goods
           of
           the
           Debtors
           ,
           unless
           in
           cases
           of
           extents
           ,
           upon
           Statute
           ,
           Merchant
           ,
           or
           of
           the
           staple
           ,
           and
           Utlary
           be
           otherwise
           sufficient
           to
           answer
           the
           debts
           will
           not
           condiscend
           unto
           .
        
         
           When
           unless
           it
           could
           be
           probable
           possible
           or
           Imaginable
           ,
           which
           a
           large
           proportion
           of
           melancholy
           can
           hardly
           do
           ,
           that
           a
           personal
           estate
           in
           goods
           ,
           money
           ,
           or
           Chattels
           ,
           in
           the
           debtors
           house
           or
           shop
           ,
           could
           be
           allways
           ready
           and
           enough
           to
           pay
           that
           and
           all
           other
           his
           debts
           (
           and
           the
           King
           were
           no
           Creditor
           ,
           for
           his
           debts
           are
           to
           be
           first
           satisfied
           )
           there
           must
           where
           a
           Man
           owes
           one
           thousand
           Pounds
           to
           ten
           several
           Creditors
           ,
           of
           one
           hundred
           pounds
           a
           piece
           ,
           and
           hath
           but
           one
           hundred
           pounds
           in
           estate
           towards
           the
           satisfaction
           of
           those
           several
           debts
           ,
           and
           one
           of
           
           the
           ten
           Creditors
           hath
           out
           run
           the
           other
           &
           seiz'd
           it
           ,
           be
           a
           necessity
           of
           a
           
             nihil
             habet
          
           to
           be
           returned
           ,
           &
           the
           severest
           Plaintiffs
           ,
           must
           against
           their
           wills
           be
           constrained
           to
           forsake
           the
           By-ways
           of
           this
           new
           kind
           of
           summons
           ,
           and
           make
           what
           hast
           they
           can
           with
           some
           repentance
           into
           the
           bargain
           to
           return
           out
           of
           them
           into
           the
           plain
           roads
           and
           high-way
           of
           arresting
           the
           Body
           ,
           or
           where
           there
           is
           a
           haste
           of
           the
           getting
           in
           the
           mony
           ,
           or
           there
           is
           a
           
             suspitio
             fugae
          
           ,
           or
           his
           insufficiency
           ,
           or
           a
           necessity
           (
           which
           may
           often
           be
           the
           case
           )
           to
           outlaw
           a
           fugitive
           ,
           or
           invisible
           debtor
           not
           easy
           to
           be
           taken
           or
           come
           at
           .
        
         
           Bonds
           given
           to
           the
           Sheriffs
           ,
           or
           spetial
           Bayle
           before
           Judges
           ,
           so
           many
           times
           necessary
           according
           to
           the
           old
           usage
           and
           customs
           of
           our
           Laws
           &
           Courts
           of
           Justice
           ,
           &
           fortifying
           many
           a
           debt
           ,
           will
           by
           this
           new
           course
           of
           proceeding
           be
           no
           more
           to
           be
           hoped
           for
           or
           insisted
           upon
           by
           the
           Creditor
           or
           Plaintiff
           ,
           who
           will
           be
           put
           in
           a
           worse
           condition
           then
           they
           were
           before
           ,
           and
           where
           upon
           some
           doubt
           or
           mistrust
           of
           the
           debtor
           or
           his
           Estate
           he
           might
           have
           had
           two
           more
           sureties
           or
           Strings
           to
           his
           Bow
           then
           he
           had
           before
           ,
           that
           the
           Deft
           .
           should
           answer
           the
           Action
           ,
           or
           yield
           his
           body
           to
           Prison
           ,
           must
           now
           be
           content
           with
           what
           
           he
           did
           not
           like
           ,
           when
           by
           an
           arrest
           he
           might
           have
           had
           a
           better
           security
           .
        
         
           Instruct
           or
           give
           warning
           in
           a
           Lent
           or
           Summer
           Vacation
           to
           an
           insolvent
           or
           suspected
           debtor
           ,
           to
           convey
           away
           himself
           ,
           goods
           or
           estate
           ,
           and
           by
           such
           an
           unmerciful
           way
           of
           Process
           and
           proceedings
           ,
           will
           not
           seldom
           incumber
           and
           ruine
           their
           debts
           and
           debtors
           ,
           as
           many
           cruel
           creditors
           in
           the
           times
           of
           a
           more
           gentle
           and
           Christian
           way
           of
           process
           have
           done
           ,
           to
           the
           great
           loss
           of
           themselves
           as
           well
           as
           others
           ,
           for
           want
           of
           a
           competent
           prudence
           and
           patience
           .
        
         
           Occasion
           ,
           multiply
           and
           increase
           perjuries
           ,
           which
           are
           already
           too
           frequent
           and
           in
           fashion
           .
        
         
           And
           therefore
           when
           all
           is
           done
           ,
           and
           some
           scores
           of
           good
           Acts
           of
           Parliament
           ,
           without
           repeal
           ,
           or
           any
           mention
           of
           them
           ,
           and
           many
           a
           lawful
           reasonable
           and
           useful
           custom
           and
           course
           of
           the
           Courts
           of
           Justice
           of
           this
           Kingdom
           shall
           be
           run
           over
           to
           prepare
           a
           way
           for
           this
           innovation
           ,
           which
           if
           it
           be
           well
           inspected
           and
           considered
           ,
           and
           put
           in
           the
           Ballance
           of
           Law
           and
           right
           ,
           Reason
           against
           the
           old
           ,
           and
           that
           he
           or
           his
           posterity
           that
           is
           now
           a
           Plaintiff
           ,
           may
           be
           hereafter
           defendants
           ,
           will
           certainly
           appeare
           to
           be
           much
           lighter
           than
           the
           old
           ,
           which
           is
           the
           better
           and
           
           more
           experimented
           ,
           and
           not
           only
           to
           be
           very
           destructive
           to
           the
           design
           held
           forth
           ,
           and
           benefits
           expected
           by
           it
           ,
           but
           very
           disproportionable
           to
           the
           publick
           good
           &
           the
           Laws
           &
           Liberties
           of
           the
           people
           .
        
      
       
         
           CHAP.
           II.
           That
           the
           most
           part
           of
           that
           desired
           Innovation
           ,
           was
           borrowed
           from
           the
           said
           Mr.
           Elsliots
           wicked
           invention
           ,
           and
           a
           wild
           System
           not
           long
           after
           framed
           ,
           and
           from
           some
           also
           now
           much
           disused
           part
           of
           the
           Civil
           Law.
           
        
         
           ANd
           the
           promoters
           of
           the
           petarre
           invention
           ,
           to
           blow
           up
           the
           Estates
           and
           better
           part
           of
           the
           People
           (
           for
           Usurers
           ,
           Brokers
           ,
           oppressors
           ,
           and
           such
           as
           grind
           and
           devour
           the
           languishing
           and
           wanting
           part
           of
           them
           ,
           are
           not
           like
           to
           be
           malignant
           to
           such
           a
           profitable
           engine
           for
           their
           purposes
           )
           when
           they
           shall
           have
           made
           their
           accompt
           with
           God
           and
           Man
           ,
           for
           bringing
           such
           a
           desolation
           upon
           their
           fellow-subjects
           ,
           for
           some
           selfended
           intrests
           .
        
         
           Will
           bring
           themselves
           and
           all
           to
           this
           conclusion
           ,
           that
           the
           most
           part
           of
           it
           was
           taken
           from
           Mr.
           Elsliots
           wicked
           invention
           ,
           and
           another
           part
           of
           it
           framed
           out
           of
           a
           wild
           System
           ,
           not
           long
           after
           thrown
           amongst
           a
           disaffected
           party
           of
           the
           People
           ,
           to
           infect
           those
           who
           were
           mad
           enough
           before
           ;
           and
           that
           the
           little
           colour
           and
           glimmering
           of
           reason
           ,
           that
           seems
           to
           keep
           them
           company
           ,
           was
           borrowed
           from
           a
           now
           much
           disused
           part
           of
           the
           Civil
           Law
           ;
           that
           in
           cases
           of
           contumacy
           ,
           the
           
           Judge
           after
           a
           citation
           served
           ,
           and
           disobeyed
           ,
           did
           
             mitte●e
             Actorem
             in
             possessionem
             bonorum
          
           .
        
         
           
             And
             that
             even
             in
             that
             Custom
             of
             the
             Civil
             Law
             ,
          
           
           these
           Innovators
           
             did
             not
             consider
             as
             they
             might
             ,
             that
             such
             a
             citation
             publick
             or
             peremptory
             ,
          
           
           
             is
             by
             the
             Civilians
             themselves
             acknowledged
             ,
             to
             be
             a
             deviation
          
           à
           jure
           communi
           ,
           &
           in
           casibus
           necessitatis
           tantum
           recepta
           quando
           alio
           modo
           ,
           qui●
           citari
           non
           potest
           .
           Secondly
           ,
           Vbi
           locus
           non
           est
           ●utus
           ubi
           citandus
           habitat
           .
           Thirdly
           ,
           Si
           persona
           est
           vagabunda
           quo
           casu
           edictum
           eo
           loco
           affigi
           debet
           ubi
           solita
           est
           conversari
           .
        
         
           That
           such
           a
           possession
           is
           notwithstanding
           but
           fiduciary
           ,
           and
           the
           Plaintiff
           only
           put
           in
           possession
           ,
           
             Custodia
             causa
             &
             vice
             pignoris
             deti●et
             donee
             reus
             veniat
             responsurus
             .
          
        
         
           That
           a
           2d
           .
           trial
           ,
           decree
           ,
           or
           sentence
           ,
           &
           
             restitutio
             in
             integrum
          
           do
           not
           seldom
           afterwards
           follow
           .
        
         
           And
           that
           appeals
           from
           the
           lower
           Courts
           or
           Judges
           ,
           to
           the
           higher
           Commissions
           of
           adjuncts
           and
           revisions
           ,
           will
           never
           allow
           that
           Law
           to
           be
           ●o
           desirable
           ,
           expedite
           ,
           or
           little
           chargeable
           as
           our
           Common
           Laws
           are
           ,
           which
           our
           Novellists
           would
           perswade
           us
           to
           renounce
           and
           abandon
           .
        
         
           Of
           which
           and
           the
           disparity
           of
           a
           great
           part
           of
           the
           Body
           of
           the
           Civil
           Laws
           with
           those
           of
           our
           
           cipal
           and
           common
           Laws
           ,
           the
           Dukes
           ,
           Earls
           ,
           and
           Barons
           of
           England
           ,
           were
           so
           sensible
           as
           in
           the
           eleventh
           year
           of
           the
           Reign
           of
           King
           Richard
           the
           2.
           in
           the
           cause
           and
           appeal
           of
           Thomas
           Duke
           of
           Glocester
           and
           others
           against
           
             Robert
             de
             Vere
          
           Duke
           of
           Ireland
           ,
           
           the
           Earl
           of
           Suffolk
           and
           others
           they
           denyed
           to
           proceed
           to
           Judgment
           thereupon
           ,
           according
           to
           the
           Law
           civil
           and
           declared
           
             que
             la
             Roialme
             de
             Angliterre
             ne
             estoit
             devant
             ces
             Heures
             ne
             al
             intent
             du
             Roy
             &
             signiours
             de
             parlement
             unques
             ne
             serra
             rule
             ne
             govern
             per
             le
             ley
             civil
             ,
          
           and
           our
           Ancestors
           more
           than
           what
           they
           retained
           of
           some
           of
           the
           actions
           rules
           and
           directions
           of
           reason
           which
           that
           excellent
           Law
           afforded
           ,
           
           and
           was
           necessary
           ,
           would
           not
           as
           our
           learned
           Selden
           hath
           observed
           
             constanti
             adhaesione
          
           by
           a
           constant
           perseverance
           and
           affection
           be
           drawn
           from
           that
           singular
           reverence
           and
           esteem
           which
           they
           had
           of
           the
           common
           Law
           ,
           which
           so
           long
           a
           course
           of
           time
           and
           antiquity
           had
           fitted
           to
           their
           nature
           and
           Genius
           .
        
         
           In
           so
           much
           as
           
             William
             de
             la
             Pole
          
           Duke
           of
           Suffolk
           was
           in
           the
           Reign
           of
           King
           Henry
           the
           sixth
           accused
           amongst
           other
           things
           by
           the
           Commons
           in
           Parliament
           that
           he
           had
           sought
           to
           introduce
           the
           Civil
           Law.
           
           
        
         
         
           
             And
             the
             great
             Cardinal
          
           Wolsey
           
             was
             in
             the
             Reign
             of
             King
          
           Henery
           
             the
             eight
             indicted
             or
             informed
             against
             ,
          
           quod
           ipse
           intendebat
           finaliter
           antiquissimas
           Anglicanas
           leges
           penitus
           subvertere
           &
           enervare
           in
           universum
           &
           hoc
           Regnum
           Anglie
           &
           ejusdem
           Regni
           populum
           legibus
           Imperialibus
           dict
           .
           legibus
           Civilibus
           &
           earundem
           legum
           canonibus
           subjugare
           .
           
        
         
           And
           King
           James
           coming
           from
           a
           Kingdom
           where
           those
           Laws
           were
           much
           in
           use
           ,
           and
           seemed
           to
           have
           some
           inclination
           to
           introduce
           or
           intermingle
           some
           part
           of
           it
           with
           our
           Common
           Laws
           ,
           
           did
           notwithstanding
           forbear
           to
           do
           it
           ,
           acknowledging
           that
           the
           
             Civil
             Law
             was
             not
             applicable
             to
             this
             government
             ,
             or
             fit
             for
             it
             .
          
        
         
           And
           our
           Innovators
           that
           have
           been
           so
           wiling
           to
           intermingle
           with
           their
           System
           that
           part
           of
           the
           Civil
           Law
           ,
           which
           in
           the
           cases
           of
           contumacy
           did
           allowe
           
             a
             missio
             bonorum
          
           repleuisable
           as
           aforesaid
           ,
           may
           upon
           a
           further
           search
           and
           enquiry
           satisfie
           themselves
           and
           others
           that
           for
           the
           expedition
           of
           Justice
           put
           on
           and
           perswaded
           by
           the
           increase
           of
           trade
           and
           insolvency
           of
           debtors
           the
           Caesarean
           or
           Civil
           Law
           hath
           long
           ago
           forsaken
           their
           course
           of
           granting
           judgments
           for
           not
           appearing
           
             &
             missionem
             
             rum
          
           and
           Seisure
           ,
           and
           found
           the
           
             Citatio
             realis
             captura
             &
             incarceratio
          
           ,
           to
           be
           the
           more
           ready
           and
           less
           prejudicial
           way
           of
           compelling
           debtors
           or
           Defendants
           to
           appear
           in
           judgment
           .
        
         
           For
           certainly
           to
           inforce
           ,
           perswade
           or
           give
           a
           libertie
           to
           the
           people
           in
           their
           Law
           Suits
           and
           concernments
           depending
           thereupon
           to
           circulate
           ,
           when
           they
           may
           go
           a
           more
           easy
           and
           less
           expensive
           way
           ,
           nearer
           ,
           more
           streight
           and
           better
           conducing
           to
           their
           honest
           ends
           ,
           will
           be
           but
           to
           vex
           and
           tire
           both
           Plaintiffs
           and
           defendants
           ,
           and
           multiply
           their
           charges
           .
        
         
           When
           to
           draw
           and
           prepare
           the
           declarations
           which
           in
           Debt
           and
           common
           Actions
           were
           until
           the
           fourteenth
           year
           of
           the
           Reign
           of
           King
           James
           to
           be
           entred
           by
           the
           Filacers
           ,
           and
           ought
           yet
           ,
           if
           the
           cause
           or
           reason
           of
           their
           remitting
           that
           ancient
           part
           of
           their
           imployment
           do
           cease
           ,
           and
           be
           taken
           away
           ,
           the
           Plaintiffs
           will
           in
           this
           new
           devised
           expedient
           for
           a
           quick
           and
           Pie-powder
           Course
           of
           Justice
           ,
           be
           put
           to
           a
           charge
           for
           the
           drawing
           of
           their
           Declarations
           before
           hand
           ,
           when
           it
           may
           be
           there
           will
           be
           no
           need
           of
           them
           ,
           and
           to
           pay
           for
           the
           Copies
           of
           them
           ,
           which
           in
           a
           more
           regular
           course
           after
           apparances
           entred
           ,
           were
           to
           be
           payed
           for
           by
           the
           Defendants
           .
        
         
         
           And
           to
           the
           Trouble
           and
           charge
           of
           entring
           judgments
           and
           the
           hazard
           of
           the
           loss
           of
           charges
           poundage
           aud
           other
           fees
           payd
           to
           Sheriffs
           and
           Bayliffs
           upon
           execution
           ,
           or
           paying
           of
           damages
           where
           they
           are
           wrongfully
           or
           not
           well
           obtained
           multitude
           of
           
             Affidavits
             ,
             pro
             &
             con
          
           ,
           of
           motions
           in
           Court
           on
           the
           one
           side
           and
           the
           other
           many
           referrences
           and
           reports
           wagers
           of
           non-summons
           ,
           writs
           of
           restitution
           ,
           actions
           on
           the
           case
           for
           non
           summons
           ,
           or
           for
           slander
           or
           defamation
           brought
           for
           malitious
           contrivances
           
             cum
             muliis
             aliis
          
           which
           will
           increase
           and
           heighten
           the
           Bill
           of
           Charges
           .
        
         
           And
           that
           goods
           Seized
           inventaried
           and
           sold
           by
           under
           Sheriffs
           and
           Bayliffs
           at
           half
           or
           less
           value
           ,
           though
           it
           may
           suffice
           one
           greedy
           and
           merciless
           Creditor
           ,
           will
           not
           be
           unlikely
           to
           defeat
           another
           or
           many
           others
           of
           their
           more
           just
           debts
           and
           utterly
           blast
           the
           Debtor
           in
           his
           credit
           by
           which
           he
           might
           well
           have
           subsisted
           and
           survived
           the
           disgrace
           and
           trouble
           of
           so
           furious
           a
           prosecution
           .
        
         
           And
           that
           the
           long
           ago
           trodden
           path
           ,
           or
           way
           of
           compelling
           or
           bringing
           men
           unto
           judgment
           or
           unto
           Courts
           of
           Justice
           ,
           would
           not
           so
           frequently
           be
           made
           use
           of
           in
           England
           ,
           the
           way
           of
           
           Summons
           Pone
           and
           distress
           being
           not
           yet
           altogether
           forsaken
           ,
           and
           disused
           as
           it
           was
           formerly
           )
           for
           that
           betwixt
           the
           Reigns
           of
           Canutus
           a
           Danish
           King
           ,
           &
           the
           25
           year
           of
           the
           reign
           of
           King
           Edward
           the
           Third
           ,
           and
           for
           some
           ages
           after
           ,
           there
           neither
           could
           be
           any
           ,
           either
           frequency
           of
           arrest
           ,
           or
           necessity
           for
           it
           ,
           as
           there
           hath
           been
           since
           and
           is
           now
           .
        
      
       
         
           CHAP.
           III.
           The
           reason
           and
           necessity
           of
           the
           more
           frequ●nt
           use
           of
           VVrits
           of
           Arrest
           ,
           and
           Outlawry
           then
           was
           before
           thi
           making
           of
           the
           Statute
           of
           25
           E.
           ca.
           17.
           
        
         
           IN
           regard
           that
           in
           those
           former
           Ages
           there
           were
           more
           Lands
           than
           Tenants
           ,
           more
           real
           Estates
           ,
           &
           but
           little
           personal
           ,
           the
           Trade
           of
           the
           Nation
           not
           the
           fortieth
           part
           of
           what
           it
           is
           now
           ,
           &
           so
           little
           before
           the
           Reign
           of
           King
           Edward
           the
           third
           ,
           as
           those
           few
           Merchants
           that
           came
           hither
           ,
           had
           Letters
           of
           safe
           conduct
           granted
           unto
           them
           before
           they
           came
           ;
           and
           that
           the
           Commerce
           and
           Trade
           ,
           which
           was
           in
           King
           Edward
           the
           Third's
           time
           &
           long
           after
           ,
           was
           only
           with
           the
           Esterlings
           ,
           and
           Hanse
           Towns
           ,
           
             Burgundy
             ,
             Aquitaine
          
           ,
           &
           some
           Genoese
           ,
           and
           Italian
           Merchants
           ,
           (
           the
           Turky
           ,
           East
           and
           West
           -
           Indy
           ,
           and
           Affrican
           trades
           not
           then
           or
           long
           after
           known
           or
           used
           )
           Usury
           so
           horrid
           and
           damnable
           a
           Crime
           as
           it
           was
           ,
           a
           cause
           of
           Excommunication
           ,
           denyal
           of
           Christian
           Burial
           ,
           or
           a
           
           power
           to
           make
           a
           last
           Will
           and
           Testament
           ▪
           the
           Friborghs
           or
           Tubings
           in
           every
           County
           ,
           so
           obliged
           men
           to
           an
           obedience
           to
           the
           Laws
           ,
           &
           the
           publick
           peace
           ,
           as
           every
           man
           of
           the
           Tubing
           or
           Freborgh
           were
           bound
           upon
           all
           occasions
           to
           bring
           each
           other
           to
           Justice
           ,
           &
           the
           Nobility
           Gentry
           ,
           &
           Masters
           of
           their
           numerous
           Families
           were
           to
           do
           the
           like
           ,
           for
           all
           that
           were
           
             de
             manu
             pastu
          
           ,
           or
           in
           their
           service
           ;
           the
           Lords
           of
           Mannors
           kept
           much
           of
           their
           demesnes
           in
           their
           own
           hands
           ,
           with
           great
           Stocks
           &
           Herds
           of
           Cattel
           thereupon
           ,
           had
           their
           Bondmen
           and
           Bondwomen
           in
           their
           Families
           ,
           Villains
           &
           Neifes
           regardant
           to
           their
           Mannors
           ,
           did
           let
           their
           other
           Lands
           for
           small
           Rents
           ,
           and
           much
           personal
           service
           ,
           as
           to
           plow
           their
           Land
           ,
           now
           their
           Grass
           ,
           make
           their
           Hey
           ,
           reap
           their
           Corn
           ,
           carry
           in
           their
           Harvest
           &
           Wood
           ,
           do
           a
           great
           part
           of
           their
           Husbandry
           ,
           and
           sometimes
           ride
           with
           them
           600
           Abbies
           and
           Religious
           Houses
           ,
           with
           their
           numerous
           Monks
           ,
           Fryers
           ,
           Nuns
           ,
           and
           all
           their
           Dependants
           and
           Servants
           belonging
           to
           them
           ▪
           lived
           out
           of
           the
           reach
           of
           Writs
           and
           Proces
           ,
           and
           all
           or
           most
           of
           them
           and
           the
           secular
           Clergy
           in
           above
           9600.
           
           Parishes
           ,
           so
           formidable
           as
           they
           were
           as
           it
           were
           exempt
           from
           common
           Proces
           ,
           and
           no
           man
           durst
           lay
           
           violent
           hands
           upon
           them
           ,
           that
           many
           thousand
           Tenants
           in
           Capite
           and
           by
           Knight
           service
           ,
           and
           the
           Tenants
           which
           did
           hold
           their
           Lands
           of
           the
           Nobility
           &
           Gentry
           ,
           either
           as
           free-hold
           or
           copy
           by
           Lease
           or
           at
           Will
           ,
           in
           the
           times
           of
           that
           great
           Hospitality
           ,
           Protection
           ,
           and
           Comfort
           ,
           which
           they
           receivedunder
           them
           ,
           and
           the
           great
           Veneration
           ,
           Awe
           ,
           and
           respects
           which
           they
           paid
           unto
           them
           could
           ,
           never
           find
           it
           to
           be
           either
           safe
           or
           convenient
           for
           them
           to
           commence
           or
           prosecute
           any
           Action
           or
           Suit
           in
           Law
           against
           them
           ,
           or
           any
           of
           their
           very
           numerous
           Dependants
           ,
           Friends
           ,
           Kindred
           ,
           or
           Alliances
           ,
           and
           there
           were
           many
           thousands
           which
           in
           the
           Reignes
           of
           King
           Henry
           the
           1
           ,
           Henry
           the
           2
           ,
           Richard
           the
           1
           ,
           King
           
             John
             ,
             Henry
          
           the
           3
           ,
           and
           Edward
           the
           first
           were
           Croysadoed
           for
           the
           wars
           in
           the
           Holy-land
           and
           at
           Jerusalem
           ,
           and
           thereby
           claimed
           and
           enjoyed
           a
           Freedom
           from
           any
           arrests
           or
           molestations
           concerning
           the
           paymentof
           their
           debts
           ,
           with
           the
           many
           necessary
           protections
           given
           unto
           such
           as
           were
           imployed
           in
           
             Servitio
             Regis
          
           ,
           which
           the
           said
           several
           Princes
           &
           several
           of
           their
           successors
           ,
           whilst
           they
           had
           so
           many
           Provinces
           in
           France
           ,
           and
           wars
           for
           the
           defence
           of
           the
           same
           ,
           could
           not
           deny
           unto
           those
           whose
           service
           they
           made
           use
           of
           ,
           increase
           
           of
           people
           by
           reason
           of
           more
           than
           formerly
           frequent
           marriages
           of
           the
           laicks
           and
           the
           marriages
           of
           all
           our
           Clergy
           ,
           which
           before
           had
           been
           for
           some
           hundred
           of
           years
           forbidden
           ,
           could
           not
           but
           administer
           so
           many
           occasions
           to
           disuse
           the
           more
           slow
           way
           of
           the
           process
           of
           summons
           pone
           &
           distringas
           ,
           and
           make
           use
           of
           that
           more
           expedite
           and
           quicker
           way
           of
           recovery
           of
           Debts
           ,
           or
           bringing
           men
           to
           justice
           ,
           when
           in
           so
           great
           a
           change
           as
           hath
           since
           happened
           in
           the
           alteration
           of
           the
           Estates
           ,
           Manners
           ,
           business
           ,
           and
           trade
           of
           the
           Nation
           ,
           not
           only
           at
           home
           ,
           but
           a
           broad
           inward
           and
           outward
           ,
           and
           that
           every
           man
           could
           not
           like
           a
           Snail
           carry
           his
           house
           upon
           his
           head
           ,
           or
           be
           sure
           always
           to
           be
           found
           in
           it
           ,
           there
           could
           not
           be
           a
           few
           very
           great
           and
           pressing
           necessities
           to
           call
           for
           it
           ,
           especially
           .
        
         
           When
           if
           all
           the
           People
           of
           the
           Nation
           were
           numbred
           ,
           or
           put
           into
           Ranks
           ,
           there
           would
           be
           ,
        
         
           1.
           
           Free-holders
           .
        
         
           2.
           
           Copy-holders
           ,
           Lease-holders
           ,
           and
           such
           as
           have
           an
           Estate
           only
           in
           Tythes
           ,
           Annuities
           ,
           or
           Rent
           Charges
           .
        
         
           3.
           
           Men
           of
           Estate
           only
           in
           Goods
           .
        
         
           4.
           
           Or
           of
           Trade
           and
           Credit
           only
           .
        
         
         
           5.
           
           Men
           whose
           Estates
           are
           only
           in
           Money
           at
           use
           ,
           or
           abroad
           in
           other
           mens
           hands
           .
        
         
           6.
           
           Or
           of
           no
           Estate
           but
           what
           they
           carry
           about
           with
           them
           ,
           or
           hope
           for
           by
           their
           Friends
           ,
           or
           their
           Industry
           ,
           or
           some
           future
           preferment
           .
        
         
           7.
           
           Such
           whose
           Estates
           depend
           upon
           their
           daily
           labours
           ,
           or
           profits
           arising
           thereby
           ,
           as
           mechanicks
           Artificers
           ,
           Servants
           ,
           Labourers
           ,
           and
           the
           like
           .
        
         
           8.
           
           Mariners
           ,
           and
           a
           sort
           of
           adventitious
           people
           ,
           who
           have
           little
           or
           no
           abode
           ,
           going
           or
           coming
           to
           or
           from
           beyond
           the
           Seas
           ,
           Merchants
           ,
           Strangers
           ,
           and
           the
           like
           .
        
         
           Of
           all
           which
           several
           sorts
           of
           people
           ,
           the
           Free-holders
           and
           first
           Classis
           are
           the
           only
           men
           ,
           who
           are
           properly
           to
           be
           summoned
           ,
           or
           to
           be
           within
           this
           new
           proposed
           Law
           ,
           because
           they
           have
           lands
           &
           Estates
           to
           be
           known
           ,
           and
           thereby
           summoned
           ,
           and
           are
           to
           be
           found
           with
           some
           certainty
           ,
           but
           are
           not
           the
           fortieth
           part
           of
           those
           which
           have
           not
           .
        
         
           Of
           the
           second
           sort
           ,
           the
           Copy-hold
           Estates
           ,
           which
           being
           very
           near
           a
           fifth
           part
           of
           the
           Nation
           ,
           are
           not
           extendable
           or
           liable
           to
           debts
           ,
           nor
           can
           without
           manifest
           prejudice
           to
           the
           Lords
           of
           the
           Manors
           ,
           whose
           Predecessors
           or
           Ancestors
           did
           under
           certain
           Limitations
           permit
           them
           to
           enjoy
           them
           ,
           be
           made
           to
           be
           so
           ;
           Tithes
           are
           for
           
           the
           most
           part
           not
           distrainable
           ,
           and
           may
           be
           sold
           or
           compounded
           for
           before
           they
           be
           due
           ,
           Leases
           may
           be
           surrended
           or
           assigned
           ,
           so
           as
           none
           shall
           easily
           find
           the
           true
           Proprietor
           ,
           Annuities
           or
           Rent-Charges
           are
           not
           extendable
           .
        
         
           The
           third
           and
           fourth
           sort
           ,
           may
           either
           convey
           away
           their
           Goods
           ,
           or
           have
           very
           little
           of
           them
           .
        
         
           The
           Estate
           of
           the
           fifth
           ,
           either
           not
           to
           be
           found
           out
           ,
           or
           hardly
           to
           be
           come
           at
           .
        
         
           And
           the
           experience
           of
           some
           
             Thousands
             of
             years
          
           past
           ,
           and
           the
           latter
           as
           well
           as
           the
           former
           Ages
           ,
           can
           and
           will
           bear
           witness
           ,
           and
           record
           of
           the
           usefulness
           and
           approbation
           of
           the
           Proces
           
             of
             Summons
             pone
          
           and
           Distress
           ,
           where
           the
           Defendants
           are
           Free-holders
           ,
           &
           have
           a
           visible
           Estate
           ,
           and
           of
           Arrest
           in
           case
           of
           Contumacy
           and
           Contempt
           of
           Courts
           of
           Justice
           ,
           and
           suspition
           of
           Flight
           and
           Insolvencies
           .
        
      
       
         
           CHAP.
           IV.
           The
           Ancient
           use
           as
           well
           as
           necessity
           of
           the
           Proces
           of
           Arrest
           ,
           and
           outlawry
           in
           this
           and
           other
           Nations
           .
        
         
           FOr
           it
           may
           be
           evident
           to
           any
           ,
           who
           shall
           not
           too
           much
           be
           led
           by
           a
           causless
           prejudice
           ,
           or
           an
           humour
           of
           censuring
           that
           which
           they
           do
           not
           understand
           ,
           that
           an
           attachment
           upon
           Pones
           do
           cause
           a
           manucaption
           or
           Bail
           ,
           and
           that
           upon
           
           on
           a
           Distringas
           made
           thereupon
           ,
           a
           manucaption
           of
           the
           Defendants
           person
           is
           Returned
           as
           well
           as
           the
           issues
           or
           profits
           of
           his
           Lands
           or
           goods
           ,
           that
           the
           words
           of
           Attach
           or
           Capias
           ,
           used
           in
           the
           writs
           ,
           process
           ,
           and
           records
           of
           our
           Law
           ,
           are
           in
           many
           thi●gs
           Synonimous
           ,
           and
           of
           one
           and
           the
           same
           signification
           .
        
         
           And
           that
           the
           procedings
           in
           law
           by
           process
           of
           Capias
           and
           Arrest
           may
           not
           at
           all
           seem
           to
           be
           unwarrantable
           ,
           cruel
           ,
           and
           unjust
           ,
           when
           precedents
           and
           approbation
           of
           the
           like
           and
           greater
           severities
           are
           to
           be
           found
           in
           the
           sacred
           ,
           and
           always
           to
           be
           believed
           records
           of
           holy
           Writ
           ,
           in
           the
           old
           and
           new
           Testament
           ,
           
           as
           the
           putting
           the
           
             man
             in
             ward
             that
             was
             found
             gathering
             of
             sticks
             upon
             the
             Sabbath
             whilst
             the
             Children
             of
             Isreal
             were
             in
             the
             wilderness
             ,
          
           
           
             because
             it
             was
             not
             declared
          
           what
           should
           be
           done
           unto
           him
           ,
           
           and
           if
           thy
           Brother
           that
           dwelleth
           by
           thee
           be
           waxen
           poor
           and
           sold
           unto
           thee
           ,
           thou
           shalt
           not
           
             compel
             him
             to
             serve
             as
             a
             Bond
             Servant
             ;
             and
             the
             selling
             of
             a
             debtor
             and
             taking
             his
             Children
             to
             be
             bondmen
             .
          
        
         
           
             If
             thou
             be
             surety
             for
             thy
             friend
             ,
          
           
           
             thou
             art
             snared
             and
             taken
             with
             the
             words
             of
             thy
             mouth
             ,
          
           
           
             that
             of
             taking
             and
             casting
             into
             Prison
             for
             debt
             until
             the
             utmost
             Farthing
             was
             paid
             ,
          
           and
           such
           or
           the
           like
           
           coercions
           to
           compel
           men
           to
           appear
           in
           Courts
           of
           Justice
           and
           satisfie
           actions
           ,
           were
           long
           before
           the
           Incarnation
           of
           our
           blessed
           Saviour
           in
           use
           amongst
           the
           Athenians
           in
           their
           Laws
           .
           And
           the
           Romans
           ,
           those
           great
           Masters
           of
           Libertie
           ,
           who
           having
           their
           Lictores
           &
           Serjeants
           carrying
           their
           Rods
           and
           Axes
           before
           their
           Magistrates
           ,
           expresly
           ordained
           that
           
             if
             a
             man
             would
             not
             or
             could
             not
             come
             before
             the
             Judge
             ,
          
           
           
             he
             should
             give
             Bail
             to
             answer
             the
             action
             .
          
        
         
           Metellus
           one
           of
           the
           Tribunes
           of
           the
           People
           at
           Rome
           arrested
           one
           of
           the
           Consuls
           for
           taking
           away
           his
           Horse
           .
        
         
           The
           great
           
             Scipio
             Africanus
          
           being
           called
           to
           accompt
           for
           moneys
           received
           ,
           
           and
           refusing
           to
           come
           to
           his
           answer
           ,
           the
           Tribunes
           of
           the
           People
           ,
           those
           great
           protectors
           of
           their
           supposed
           Liberties
           ,
           
           urged
           very
           hard
           to
           have
           him
           Arrested
           ,
           and
           fetched
           out
           of
           his
           house
           in
           the
           Country
           and
           made
           to
           appear
           .
        
         
           
             Julius
             Caesar
          
           was
           inforced
           to
           give
           Bail
           to
           his
           Creditors
           who
           were
           about
           to
           stay
           him
           when
           he
           went
           
             Praetor
             to
             Spain
          
           .
           
        
         
           Urgulania
           a
           great
           favorite
           of
           Augusta
           ,
           
           mother
           of
           Tiberius
           the
           Emperour
           ,
           being
           summoned
           by
           Piso
           in
           an
           action
           of
           Debt
           ,
           which
           she
           disobeying
           ,
           
           was
           Arrested
           ,
           but
           rescued
           and
           conveyed
           to
           Caesars
           house
           ,
           whereupon
           a
           great
           stir
           and
           tumult
           happening
           ,
           and
           Augusta
           her self
           complaining
           that
           she
           was
           injured
           by
           it
           ,
           the
           mony
           notwithstanding
           was
           afterwards
           sent
           and
           paid
           by
           her
           ;
           nor
           was
           such
           arresting
           of
           persons
           condemned
           by
           our
           Blessed
           Saviour
           when
           he
           advised
           Defendants
           to
           agree
           with
           their
           adversaries
           before
           they
           were
           by
           them
           delivered
           to
           the
           Judge
           ,
           
           and
           the
           Judge
           deliver
           them
           to
           the
           officer
           ,
           and
           they
           be
           cast
           into
           Prison
           .
        
         
           Those
           Roman
           Laws
           and
           Customes
           being
           to
           be
           allowed
           for
           an
           inducement
           to
           our
           Common
           Laws
           to
           do
           the
           like
           ,
           
           which
           never
           refused
           to
           take
           in
           and
           borrow
           from
           other
           Nations
           any
           thing
           that
           might
           add
           to
           its
           own
           perfections
           and
           excellencies
           ,
           and
           could
           be
           no
           strangers
           unto
           the
           Civil
           and
           Caesarean
           Laws
           brought
           into
           England
           about
           50
           years
           after
           Christ
           ,
           when
           the
           Emperor
           Severus
           Raigned
           seven
           years
           together
           at
           York
           ,
           and
           that
           great
           Lawyer
           Papinian
           as
           Praetor
           or
           Lord
           Chief
           Justice
           ,
           governed
           the
           Civil
           affairs
           and
           Justice
           of
           this
           Nation
           under
           him
           ,
           and
           those
           Laws
           continued
           as
           a
           Seminary
           of
           many
           of
           our
           Laws
           &
           Customs
           ,
           as
           may
           be
           demonstrated
           for
           more
           than
           three
           hundred
           years
           after
           .
        
         
         
           
             By
             the
             Laws
             of
          
           Ina
           a
           Saxon
           
             King
             Raigning
             here
             in
          
           England
           
             betwixt
             the
             years
             712
             and
             727.
             made
          
           suasu
           &
           instituto
           of
           Cenred
           
             his
             Father
          
           ,
           Hedda
           and
           Erkenwald
           
             his
             Bishops
          
           ,
           &
           omnium
           Senatorum
           &
           natu
           majorum
           &
           sapientum
           populi
           sui
           in
           magna
           servorum
           Dei
           frequentia
           ;
           if
           the
           Plaintiff
           demanded
           right
           to
           be
           done
           unto
           him
           by
           the
           Judge
           ,
           
           and
           could
           not
           obtain
           it
           ,
           and
           the
           Defendant
           shew
           no
           cause
           why
           he
           should
           not
           give
           him
           a
           Pledge
           
             or
             Sureties
          
           ,
           the
           Judg
           was
           to
           be
           fined
           thirty
           shillings
           ,
           and
           to
           do
           him
           right
           notwithstanding
           within
           a
           Week
           after
           .
        
         
           And
           then
           there
           could
           be
           no
           doubt
           but
           that
           he
           had
           power
           to
           compel
           him
           to
           appear
           ,
           and
           to
           Punish
           his
           contumacy
           ,
           for
           otherwise
           the
           Judge
           could
           not
           be
           justly
           fined
           that
           had
           no
           power
           to
           enforce
           the
           Defendant
           to
           appear
           before
           him
           .
        
         
           And
           
             if
             a
             Pledge
             were
             required
             of
             him
             that
             was
             accused
          
           (
           which
           as
           to
           the
           giving
           of
           a
           Pledge
           or
           Bail
           was
           no
           less
           then
           the
           awarding
           of
           a
           Capias
           )
           
             and
             he
             had
             not
             wherewithal
             to
             do
             it
             before
             the
             Suit
             be
             determined
             ,
          
           
           
             another
             might
             lay
             down
             a
             Pledge
             for
             him
             ,
             upon
             condition
             that
             he
             remained
             with
             him
             or
             in
             his
             Power
          
           (
           which
           is
           a
           most
           antient
           and
           cleare
           example
           )
           saith
           that
           great
           AntiAntiquary
           
           Sr.
           
             Henry
             Spelman
          
           )
           of
           being
           Bailed
           out
           of
           Prison
           or
           giving
           Bail
           to
           answer
           the
           Action
           .
           
        
         
           
             By
             the
             Laws
             of
             King
          
           Edgar
           
             (
             who
             Raigned
          
           Anno
           Dom.
           971.
           )
           made
           Frequenti
           senatu
           ,
           
           every
           man
           was
           to
           have
           sureties
           who
           might
           have
           him
           forth
           coming
           to
           do
           right
           .
        
         
           
             By
             the
             Laws
             of
          
           Canutus
           made
           Sapientum
           consilio
           ,
           
           
             who
             Reigned
             in
             Anno
             Dom.
          
           1031.
           no
           man
           was
           to
           compel
           another
           by
           distraining
           or
           taking
           away
           Pledges
           to
           a
           Suit
           in
           another
           Liberty
           ,
           
           unless
           he
           had
           thrice
           required
           right
           to
           be
           done
           him
           within
           the
           hundred
           .
        
         
           If
           any
           one
           be
           destitute
           of
           Friends
           ,
           and
           cannot
           find
           Pledges
           ,
           let
           him
           be
           put
           into
           Prison
           .
        
         
           In
           the
           Hundred
           Courts
           ,
           
           County
           Courts
           ,
           Courts
           Leet
           &
           Baron
           ,
           which
           (
           saith
           our
           Learned
           Selden
           )
           have
           a
           resemblance
           of
           the
           Customs
           of
           the
           old
           Germans
           brought
           hither
           by
           the
           Saxons
           ,
           
           the
           Process
           are
           for
           the
           most
           part
           by
           Summons
           ,
           Attachment
           ,
           and
           distress
           ,
           or
           if
           upon
           the
           Summons
           a
           
             nihil
             habet
          
           be
           returned
           ,
           that
           is
           to
           say
           ,
           hath
           nothing
           whereby
           he
           may
           be
           Summoned
           ,
           then
           a
           Capias
           .
        
         
           By
           the
           Laws
           of
           King
           Edward
           the
           Confessor
           who
           Reigned
           in
           
             Anno
             Dom.
          
           1044.
           
           which
           were
           
           of
           so
           high
           esteem
           with
           the
           English
           ,
           that
           after
           a
           commission
           to
           find
           them
           out
           by
           the
           oaths
           of
           twelve
           men
           in
           every
           County
           of
           England
           elected
           and
           chosen
           ,
           they
           with
           much
           a
           do
           ,
           
             Precibus
             &
             fletibus
          
           ,
           
           obtained
           of
           William
           the
           Conqueror
           to
           have
           them
           confirmed
           ,
           and
           were
           after
           so
           exceeding
           careful
           not
           to
           loose
           them
           ,
           as
           the
           observation
           of
           those
           Laws
           ,
           were
           by
           an
           oath
           afterwards
           taken
           by
           the
           succeeding
           Kings
           of
           England
           at
           the
           Coronation
           ,
           more
           espetially
           recommended
           unto
           them
           .
        
         
           Every
           man
           that
           would
           be
           accounted
           a
           Freeman
           ,
           
           ought
           to
           be
           in
           Pledge
           ,
           that
           the
           Pledges
           might
           bring
           him
           to
           Justice
           if
           he
           should
           offend
           ,
           and
           if
           he
           escape
           ,
           such
           Pledges
           should
           pay
           what
           he
           was
           Sued
           for
           ,
           
             which
             (
             saith
             our
             Sr.
          
           Henry
           Spelman
           
             in
             his
             Glossary
             resembles
             our
             Frank
             Pledge
             )
          
           and
           let
           the
           Hundred
           and
           County
           
             (
             say
             those
             Laws
          
           )
           be
           demanded
           for
           him
           as
           our
           Ancestors
           have
           ordained
           .
        
         
           
             For
             say
             the
             same
             King
          
           Edwards
           Laws
           ,
           it
           is
           the
           greatest
           and
           highest
           security
           by
           which
           all
           men
           and
           their
           Estates
           are
           strongly
           upheld
           .
        
         
           By
           the
           Laws
           of
           
             William
             the
             Conquerour
          
           who
           confirmed
           the
           Laws
           of
           King
           Edward
           the
           
             Confessor
             ,
             omnis
             homo
             qui
             voluerit
             se
             teneri
             pro
             liber●
             
             sit
             in
             plegio
             ut
             plegius
             eum
             habeat
             ad
             Justitiam
             si
             quid
             offenderit
             &
             si
             quisquam
             talium
             videant
             plegii
             &
             solvant
             quod
             Calumpinatum
             est
             ,
          
           
           every
           man
           who
           would
           live
           or
           be
           accounted
           as
           a
           free
           holder
           is
           to
           live
           in
           frank
           Pledge
           ,
           so
           as
           his
           Neighbour
           or
           Pledge
           may
           bring
           him
           to
           Justice
           ,
           if
           he
           shall
           offend
           ,
           and
           his
           Pledges
           (
           or
           Neighbour
           in
           the
           Tithing
           )
           are
           to
           look
           unto
           it
           and
           pay
           that
           which
           shall
           be
           demanded
           of
           him
           ,
           and
           he
           shall
           be
           adjudged
           to
           Pay.
           
        
         
           
             By
             the
             Laws
             of
          
           Henry
           the
           1
           made
           Concilio
           Baronum
           ,
           
           
             he
             which
             is
             summon'd
             to
             the
          
           Hundred
           Court
           ,
           and
           without
           any
           just
           necessity
           refuseth
           to
           come
           ,
           if
           he
           be
           able
           let
           thirty
           Pence
           be
           taken
           from
           him
           ,
           for
           the
           first
           and
           second
           time
           
             (
             which
             seemeth
             to
             be
             a
             forfeit
             )
          
           and
           let
           him
           be
           distreined
           by
           the
           Hundred
           ,
           
           but
           let
           him
           be
           put
           to
           Pledges
           till
           the
           day
           of
           Pleading
           .
        
         
           And
           he
           which
           was
           brought
           or
           compelled
           by
           Process
           before
           the
           Judge
           ,
           
           for
           so
           the
           word
           Pulsatus
           in
           that
           Law
           of
           H.
           1.
           was
           by
           the
           Civil
           Law
           ,
           and
           the
           Laws
           of
           the
           Longobards
           commonly
           rendred
           ,
           
             might
             appeal
             if
             he
             suspected
             his
             Judges
             ,
             and
             appealing
             might
             not
             be
             detained
             in
             Custody
             .
          
        
         
         
           Ranulphus
           de
           Glanvil
           
             who
             recorded
             much
             of
             what
             was
             the
             practice
             of
             the
             Courts
             of
             Justice
             in
          
           England
           
             in
             his
             time
             ,
             and
             was
             Lord
             Cheif
             Justice
             in
             the
             Reign
             of
             King
          
           Henry
           
             the
             2
             when
             (
             as
             he
             saith
             in
             his
          
           proaemio
           
             or
             Epistle
             to
             that
             Book
             )
             the
             Laws
             then
             in
             use
             were
             founded
          
           upon
           reason
           and
           antient
           Customs
           ,
           
           the
           King
           willing
           to
           be
           advised
           ,
           the
           Judges
           ,
           men
           of
           great
           Wisdom
           and
           Knowledge
           in
           the
           Laws
           and
           Customs
           of
           the
           Kingdom
           ,
           and
           Justice
           so
           faithfully
           administred
           ,
           as
           the
           great
           men
           could
           not
           oppress
           the
           Poor
           .
        
         
           Writeth
           ,
           
           that
           if
           the
           Defendant
           appeared
           not
           in
           an
           Action
           of
           D●bt
           ,
           after
           he
           was
           Summoned
           ,
           an
           Attachment
           was
           awarded
           and
           a
           Distringas
           as
           in
           other
           Pleas.
           
        
         
           
             And
             it
             was
             in
             those
             times
             held
             to
             be
             Common
             Law
             ,
          
           
           that
           where
           a
           fine
           was
           Levied
           ,
           and
           that
           after
           3
           Essoynes
           either
           of
           the
           Parties
           refused
           per●ormance
           ,
           tunc
           remanet
           in
           misericordia
           Regis
           &
           salvo
           attachiabitur
           quous
           que
           securitatem
           in
           veniret
           bonam
           .
        
         
           In
           the
           Reign
           of
           King
           Henry
           the
           3.
           (
           as
           appeareth
           by
           Bracton
           a
           Judge
           and
           learned
           Lawyer
           of
           those
           times
           ,
           in
           his
           book
           
             delegibus
             &
             consuetudinibus
             Angliae
          
           ,
           compiled
           as
           he
           saith
           
             ex
             veteribus
             Judiciis
             Justorum
          
           out
           of
           ancient
           records
           
           and
           memorials
           ;
           
             if
             upon
             the
             4th
             day
             of
             the
             return
             of
             the
             Summons
             in
             an
             Action
             of
             Covenant
             or
             Trespass
             ,
          
           
           
             the
             Defendant
             appeared
             not
             ,
             whether
             the
             Summons
             were
             returned
          
           or
           not
           ,
           an
           Attachment
           was
           awarded
           .
        
         
           If
           he
           came
           not
           then
           a
           second
           Attachment
           was
           awarded
           to
           put
           the
           Defendant
           to
           better
           Pledges
           or
           securities
           .
        
         
           
             And
             if
             he
             had
             not
             Land
             which
             might
             be
             taken
             into
             the
             Kings
             hands
             ,
             or
             by
             which
             he
             might
             be
             distrained
             ,
             the
             Sheriff
             should
             be
             commanded
          
           to
           take
           his
           Body
           
             or
             bring
             him
             ,
             and
             the
             Pledges
             were
             to
             be
          
           in
           misericordia
           quia
           ulterius
           non
           sunt
           summonendi
           ,
           
             and
             if
             he
             came
             not
             at
             the
             day
             appointed
             ,
          
           sed
           maliciose
           se
           subtraxerit
           &
           latitaverit
           quod
           Corpus
           inveniri
           non
           possit
           vel
           forte
           se
           transtulerit
           extra
           Comitatum
           &
           potestatem
           vicecomitis
           &
           vicecomes
           mandavit
           quod
           non
           fuit
           in
           ventus
           in
           balliva
           sua
           ,
           
             then
             in
             default
             of
             his
             appearance
             ,
             three
             Writs
             of
             Distringas
             shall
             be
             made
             out
             one
             after
             another
             ,
             the
             first
             by
             all
             his
             Lands
             and
             Chattels
             ,
             second
             by
             all
             his
             Lands
             and
             Chattels
             ,
          
           ita
           quod
           nec
           ipse
           nec
           aliquis
           pro
           eo
           nec
           per
           ipsum
           manum
           apponat
           ita
           quod
           habeat
           Corpus
           ejus
           ad
           alium
           diem
           &
           si
           tunc
           non
           veniret
           precipiatur
           vicecomiti
           quod
           distringat
           eum
           per
           omnes
           
           terras
           &
           Catalla
           &
           quod
           Capiat
           omnes
           terras
           &
           omnia
           Catalla
           sua
           in
           manum
           domini
           Regis
           &
           Capta
           in
           manus
           domini
           Regis
           detineat
           quousque
           dominus
           Rex
           aliud
           inde
           preceperit
           &
           quod
           de
           exitibus
           eorundem
           domino
           Regi
           respondeat
           .
        
         
           And
           for
           this
           kind
           of
           proceedings
           cited
           a
           Record
           in
           Michaelmas
           Term
           in
           the
           Third
           year
           of
           that
           Kings
           reign
           ,
           which
           in
           its
           use
           and
           nature
           carried
           along
           with
           it
           a
           restraint
           of
           the
           Body
           of
           the
           Defendant
           ,
           for
           the
           Sheriff
           was
           by
           the
           Writ
           to
           distrain
           the
           defendant
           ,
           
             Ita
             quod
             haberet
             corpus
          
           ,
           and
           it
           would
           be
           in
           vain
           to
           distrain
           him
           who
           perhaps
           had
           a
           small
           Estate
           or
           profit
           of
           his
           Lands
           to
           be
           destrained
           betwixt
           the
           Teste
           and
           return
           of
           the
           Writ
           if
           the
           Sheriff
           did
           not
           at
           the
           same
           time
           restrain
           or
           secure
           his
           Body
           to
           appear
           before
           the
           Justices
           at
           the
           time
           prefixt
           ,
           to
           answer
           the
           contempt
           as
           well
           as
           the
           Action
           .
        
         
           But
           saith
           Bracton
           ,
           
           if
           the
           Plaintiff
           
             post
             tot
             &
             tantas
             dilationes
             justiciam
             non
             fuerit
             consecutus
          
           should
           not
           after
           so
           many
           delays
           obtain
           Justice
           ,
           what
           shall
           be
           done
           ,
           for
           
             durum
             est
             enim
             quod
             placitum
             suum
             deserat
             &
             infecto
             negotio
             desperatus
             recedat
             domum
             ,
          
           it
           would
           be
           hard
           that
           the
           Plaintiff
           should
           go
           home
           in
           despair
           ,
           and
           be
           able
           to
           do
           nothing
           ;
           and
           therefore
           concludes
           ,
           that
           if
           it
           be
           a
           civil
           or
           
           personal
           action
           ,
           for
           mony
           ,
           or
           upon
           any
           contract
           ,
           it
           would
           be
           good
           to
           put
           the
           Plaintiff
           in
           possession
           of
           the
           Defendants
           goods
           and
           Chattels
           according
           to
           the
           quantity
           of
           his
           demand
           and
           summon
           the
           Defendant
           at
           a
           time
           limited
           to
           appear
           ,
           and
           answer
           the
           Action
           ,
           at
           which
           time
           if
           he
           do
           appear
           ,
           he
           shall
           have
           his
           goods
           and
           Chattels
           restored
           unto
           him
           ,
           so
           as
           he
           answer
           the
           Action
           otherwise
           ,
           he
           shall
           never
           more
           be
           heard
           concerning
           his
           goods
           and
           Chattels
           ,
           
             sed
             querens
             extunc
             verus
             possessor
             efficiretur
             ,
          
           but
           the
           Plaintiffs
           shall
           from
           thence
           be
           reckoned
           the
           true
           owner
           and
           possessor
           thereof
           ,
           
             si
             autem
             cum
             corpus
             non
             Inveniatur
             nec
             terras
             habuerit
             nec
             Catalla
             ille
             de
             quo
             quaeritur
             iniquum
             esset
             si
             Justicia
             remaneret
             vel
             malitia
             esset
             Impunita
          
           ;
           But
           if
           his
           Body
           cannot
           be
           found
           ,
           and
           he
           hath
           not
           any
           goods
           or
           Chattels
           ,
           it
           would
           be
           unjust
           that
           Justice
           should
           be
           at
           a
           stand
           and
           not
           go
           forward
           ,
           and
           that
           the
           evil
           actions
           of
           men
           should
           remain
           unpunished
           ,
           and
           therefore
           whether
           the
           Action
           was
           
             pecuniaria
             vel
             injuriarum
          
           ,
           was
           in
           Debt
           ,
           or
           for
           mony
           or
           Trespass
           ,
           the
           Court
           was
           to
           proceed
           against
           him
           by
           Process
           of
           Utlary
           ,
           
             propter
             contumaciam
             &
             inobedientiam
             factam
             domino
             Regi
             quia
             nullum
             majus
             Crimen
             quam
             Contemptus
             
             &
             inobedientia
             omnes
             enim
             qui
             in
             Regno
             sunt
             obedientes
             esse
             debent
             domino
             Regi
             &
             ad
             pacem
             suam
             &
             cum
             vocati
             vel
             summoniti
             per
             Regem
             venire
             contempserint
             faciunt
             se
             ipsos
             Exleges
             ,
          
           for
           their
           contempt
           and
           disobedience
           to
           the
           King
           ,
           because
           there
           is
           no
           greater
           Crime
           then
           contempt
           and
           disobedience
           ,
           for
           all
           that
           are
           in
           his
           Kingdom
           are
           to
           be
           obedient
           to
           the
           King
           ,
           and
           observe
           the
           peace
           and
           Justice
           thereof
           ,
           and
           being
           called
           or
           Summoned
           by
           him
           ,
           shall
           contemn
           it
           or
           refuse
           an
           obedience
           thereunto
           do
           make
           themselves
           Outlaws
           .
        
         
           
             Et
             ideo
             Utlagari
             deberent
             non
             tamen
             ad
             mortem
             vel
             membrorum
             truncationem
             si
             postea
             redierent
             vel
             intercepti
             fuerint
             cum
             causa
             utlagationis
             criminalis
             non
             existat
             sed
             ad
             perpetuam
             prisonam
             vel
             Regni
             abjurationem
             &
             a
             communione
             omnium
             aliorum
             qui
             sunt
             ad
             pacem
             domini
             Regis
             ,
          
           
           and
           therefore
           he
           ought
           to
           be
           Outlawed
           but
           is
           not
           if
           he
           return
           ,
           or
           should
           be
           taken
           to
           be
           punished
           by
           Death
           ,
           Mutulation
           or
           cutting
           off
           his
           Members
           ,
           in
           regard
           that
           the
           cause
           of
           the
           Utlarie
           was
           not
           Criminal
           but
           he
           is
           to
           be
           commited
           to
           perpetual
           Prison
           ,
           or
           to
           abjure
           the
           Kingdom
           ,
           be
           Banished
           ,
           and
           forbid
           the
           society
           of
           all
           the
           Kings
           Subjects
           .
        
         
         
           And
           in
           those
           days
           where
           a
           man
           by
           Lease
           had
           taken
           an
           house
           rendring
           a
           certain
           Rent
           ,
           
           quid
           saith
           Bracton
           ,
           what
           shall
           be
           done
           when
           the
           Tenant
           doth
           not
           pay
           his
           Rent
           ,
           
             &
             nihil
             in
             domibus
             locatis
             &
             conductis
             inveniatur
             ,
          
           and
           hath
           no
           goods
           and
           Chattels
           ,
           yet
           howsoever
           resolves
           the
           question
           ,
           
             recurrendum
             erit
             ad
             corpus
             conductoris
             ,
             si
             autem
             Corpusnon
             inveniatur
             hoc
             poterit
             locator
             suae
             imputare
             negligentiae
             vel
             imperitiae
             quod
             sibi
             Cautius
             non
             prospexit
             ,
          
           recourse
           is
           to
           be
           had
           to
           the
           Body
           of
           the
           Tenant
           ,
           and
           if
           he
           be
           not
           to
           befound
           ,
           the
           Landlord
           is
           to
           impute
           it
           to
           his
           own
           negligence
           that
           he
           did
           not
           look
           better
           to
           it
           .
        
         
           
             Cum
             quis
             ad
             warrantum
             vocatus
             fuerit
             Christianus
             vel
             Judaus
             qui
             terram
             non
             tenuerit
             in
             feodo
             quae
             capi
             possit
             in
             manum
             domini
             Regis
             per
             quam
             distringi
             possint
             pracipiatur
             vicecomiti
             quod
             habeat
             corpora
             eorum
             ,
          
           
           when
           any
           man
           is
           vouched
           to
           warranty
           be
           he
           Christian
           or
           Jew
           ,
           and
           hath
           not
           Land
           which
           may
           be
           taken
           into
           the
           Kings
           hands
           or
           by
           which
           he
           may
           be
           distrained
           the
           Sheriff
           shall
           be
           commanded
           to
           take
           his
           Body
           or
           bring
           him
           .
           
        
         
           And
           a
           Bishop
           being
           Summond
           in
           a
           
             quare
             non
             admisit
             cum
             non
             venit
             nec
             se
             excusat
             per
             nun-nec
             
             per
             Essoniatorem
             attachietur
             ,
          
           when
           he
           neither
           comes
           ,
           nor
           sends
           his
           excuse
           ,
           nor
           essoins
           shall
           be
           attached
           .
        
         
           Upon
           a
           writ
           awarded
           to
           a
           Bishop
           to
           command
           him
           to
           bring
           before
           the
           Kings
           Justices
           a
           Clark
           or
           Minister
           in
           holy
           Orders
           ,
           refusing
           to
           find
           Pledges
           because
           he
           was
           in
           holy
           Orders
           ,
           and
           had
           no
           lay
           Fee
           whereby
           he
           might
           be
           distrained
           ,
           if
           the
           Bishop
           did
           not
           after
           a
           
             Summons
             pone
             &
             Distringas
          
           ,
           awarded
           against
           himself
           ,
           cause
           him
           to
           come
           ,
           
           the
           Court
           did
           proceed
           against
           the
           Clark
           upon
           the
           contempt
           ,
           and
           cause
           him
           to
           be
           arrested
           ,
           nor
           could
           the
           Sheriff
           or
           his
           Bayliffs
           incur
           any
           punishment
           for
           doing
           of
           it
           ;
           for
           the
           execution
           of
           the
           Law
           saith
           Bracton
           wrongeth
           no
           man.
           
        
         
           
             By
             the
             Statute
             of
          
           Marlebridg
           
             made
             in
             the
             52
             year
             of
             the
             Reign
             of
             that
             King
             ,
          
           
           if
           any
           shall
           not
           obey
           or
           suffer
           Summons
           ,
           attachments
           ,
           or
           executions
           of
           the
           same
           according
           to
           the
           Law
           and
           customs
           of
           the
           Kingdom
           they
           were
           to
           be
           punished
           .
           
        
         
           The
           word
           Attachment
           being
           ,
           saith
           the
           learned
           Vossius
           ,
           derived
           from
           a
           French
           word
           to
           apprehend
           or
           detain
           .
        
         
           An
           Attachment
           is
           to
           arrest
           ,
           force
           or
           compel
           a
           man
           denying
           to
           come
           to
           judgement
           ,
           saith
           Sir
           
             Henry
             Spelman
          
           .
        
         
         
           And
           by
           Skene
           a
           learned
           Scotch
           Lawyer
           is
           defined
           to
           be
           a
           certain
           Bond
           or
           Constraint
           of
           the
           Law
           ,
           
           whereby
           a
           Defendant
           is
           unwillingly
           compelled
           to
           answer
           in
           Judgment
           to
           the
           Party
           complaining
           .
        
         
           In
           the
           Statute
           of
           52
           Henry
           the
           third
           ,
           where
           a
           Capias
           is
           given
           against
           accomptants
           ,
           it
           is
           said
           they
           shall
           be
           Attached
           by
           their
           bodies
           .
        
         
           An
           Attachment
           made
           for
           disobeying
           a
           Writ
           of
           prohibition
           is
           in
           the
           very
           form
           of
           a
           pone
           ,
           
           &
           the
           awarding
           and
           entry
           of
           a
           pone
           is
           that
           the
           defendant
           should
           be
           Attached
           .
        
         
           And
           saith
           Bracton
           the
           course
           ,
           or
           solemnity
           of
           Attachments
           to
           compel
           the
           Defendant
           to
           come
           to
           the
           Court
           to
           answer
           his
           contempt
           ,
           was
           not
           so
           always
           observ'd
           ,
           but
           in
           trespas
           for
           the
           greatness
           of
           the
           offence
           ,
           or
           in
           favour
           of
           Soldiers
           that
           were
           going
           to
           the
           Wars
           ,
           
           or
           of
           Merchants
           or
           such
           as
           required
           haste
           in
           Actions
           of
           Debt
           (
           and
           it
           is
           probable
           that
           the
           Actions
           or
           Suits
           of
           Merchants
           were
           most
           commonly
           of
           that
           nature
           )
           the
           Judges
           granted
           an
           
             Habeas
             Corpus
          
           (
           which
           to
           that
           purpose
           was
           in
           effect
           as
           much
           as
           a
           Capias
           )
           whereby
           the
           Sheriff
           was
           commanded
           ,
           all
           delays
           set
           apart
           in
           regard
           of
           such
           haste
           and
           priviledge
           to
           bring
           the
           Body
           of
           
           the
           Defendant
           to
           answer
           the
           Plaintiff
           in
           an
           Action
           of
           Debt
           or
           Trespas
           as
           the
           case
           required
           ,
           with
           a
           Clause
           in
           the
           Later
           end
           or
           perclose
           of
           the
           Writ
           ,
           that
           the
           Sheriff
           
             should
             be
             grievously
             amerced
             if
             he
             refuse
             to
             do
             it
             .
          
        
         
           
             By
             an
             Act
             of
             Parliament
             made
             in
             the
             52
             year
             of
             the
             Reign
             of
             the
             aforesaid
             King
             in
             a
             Plea
             of
             Common
             custody
             or
             guard
             by
             reason
             of
             ward
             ,
          
           
           if
           the
           deforcers
           came
           not
           at
           the
           great
           distress
           the
           Writ
           was
           to
           be
           renewed
           twice
           or
           thrice
           within
           the
           half
           year
           following
           ,
           and
           if
           after
           the
           Writ
           read
           and
           proclaimed
           in
           open
           County
           ,
           the
           deforceant
           absent
           himself
           and
           the
           sheriff
           cannot
           take
           his
           Body
           to
           bring
           before
           the
           Justice
           ,
           then
           as
           a
           Rebe●●e
           shall
           loose
           the
           Seisin
           of
           his
           ward
           .
        
         
           By
           the
           Statute
           made
           in
           the
           third
           year
           of
           the
           Reign
           of
           King
           Edward
           the
           first
           ,
           if
           any
           under
           Sheriff
           or
           other
           do
           
             withhold
             Prisoners
             replevishable
             after
             they
             have
             offerd
             sufficient
             security
             ,
          
           
           
             he
             shall
             pay
             a
             grievous
             amerciament
             to
             the
             King
             ,
          
           in
           which
           act
           of
           Parliament
           ,
           men
           committed
           by
           the
           King
           or
           his
           Justices
           ,
           are
           excepted
           and
           declared
           to
           be
           not
           replevishable
           .
        
         
           By
           a
           Statute
           of
           the
           aforesaid
           King
           made
           in
           the
           same
           year
           
           (
           the
           title
           of
           it
           being
           against
           the
           arresting
           of
           men
           in
           Liberties
           )
           
             great
             men
             and
             
             their
             Bayliffs
          
           (
           the
           Kings
           Officers
           only
           excepted
           ,
           to
           whom
           special
           authority
           sayeth
           the
           Statute
           is
           given
           )
           
             were
             not
             to
             attach
             men
             passing
             thorough
             their
             Jurisdictions
             with
             their
             goods
             compelling
             men
             to
             answer
             before
             them
             upon
             contracts
             and
             covenants
             ,
          
           &c.
           
           And
           the
           writ
           of
           prohibition
           in
           the
           Register
           awarded
           upon
           that
           Statute
           ,
           
           is
           
             for
             attaching
             a
             man
             to
             answer
             upon
             contracts
             and
             covenants
             .
          
        
         
           Britton
           
             who
             wrote
             his
             Book
             by
             the
             command
             of
             King
          
           Edward
           
             the
             first
             saith
          
           ,
           
           if
           any
           man
           will
           complain
           of
           a
           debt
           under
           forty
           shillings
           ,
           let
           him
           find
           Pledges
           to
           prosecute
           his
           debtor
           ,
           and
           if
           he
           that
           is
           sued
           in
           Trespas
           maketh
           default
           ,
           let
           him
           be
           distrained
           .
        
         
           
             And
             that
          
           in
           an
           action
           of
           debt
           if
           there
           be
           not
           a
           sufficient
           distress
           the
           Difendants
           might
           be
           taken
           by
           their
           Bodies
           ,
           
           be
           they
           Clarks
           or
           Laymen
           .
        
         
           Fleta
           
             or
             whosoever
             was
             the
             Author
             of
             the
             Book
             so
             called
             reciting
             the
             then
             manner
             of
             proceedings
             at
             law
             as
             an
             old
             and
             accustomed
             course
             saith
             ,
          
           
           
             they
             were
             by
             Summons
             ,
             Attachments
             and
             distress
             in
             personal
             actions
             the
             entries
             and
             awarding
             thereof
             upon
             record
             being
             the
             very
             same
             with
             little
             difference
             as
             they
             are
             now
             used
             .
          
           
           If
           a
           debtor
           had
           bound
           himself
           to
           be
           in
           default
           of
           payment
           distrained
           by
           the
           Steward
           ,
           
           and
           marshal
           of
           the
           Kings
           house
           ,
           then
           upon
           security
           given
           by
           the
           Creditor
           to
           prosecute
           ,
           a
           distringas
           was
           awarded
           against
           the
           debtor
           until
           he
           found
           Pledges
           ,
           so
           as
           he
           were
           within
           the
           virge
           ,
           and
           if
           he
           were
           personally
           to
           be
           found
           ,
           was
           to
           be
           Attached
           by
           his
           body
           until
           he
           should
           by
           Pledges
           acquit
           himself
           ,
           and
           if
           he
           had
           not
           Pledges
           was
           to
           be
           held
           in
           Custody
           until
           that
           he
           answered
           the
           Creditor
           ,
           
             non
             tamen
             in
             vinculis
          
           ,
           or
           if
           he
           found
           Pledges
           and
           after
           made
           default
           ,
           the
           Pledges
           were
           to
           be
           amerced
           and
           the
           Defendant
           arrested
           and
           detained
           ,
           and
           not
           be
           bailed
           or
           let
           loose
           by
           Pledges
           before
           he
           had
           answered
           .
        
         
           And
           that
           not
           only
           ,
           
             Marescallus
             sub
             suo
             periculo
             omnes
             captos
             infra
             virgam
             custodire
             debet
             ,
             sed
             de
             eis
             coram
             Senescallo
             respondere
             &
             de
             Judicatis
             plenam
             facere
             executionem
             ,
          
           
           the
           Marshal
           should
           at
           his
           Peril
           keep
           all
           that
           were
           taken
           within
           the
           virge
           ,
           but
           answer
           for
           them
           before
           the
           Steward
           ,
           and
           ought
           to
           take
           in
           execution
           those
           against
           whom
           Judgment
           should
           be
           given
           ,
           and
           the
           Steward
           did
           of
           course
           command
           the
           Clark
           that
           keepeth
           the
           
             placita
             Aulae
             pro
             Rege
          
           Rolls
           and
           Records
           of
           the
           Kings
           Court
           to
           direct
           his
           writ
           ,
           
             Marescallo
             quod
             ipsum
             de
             quo
             fit
             
             sine
             dilatione
             attachiari
             faciat
             ,
          
           to
           the
           Marshal
           that
           he
           do
           without
           delay
           attach
           him
           of
           whom
           any
           complaint
           should
           be
           made
           .
        
         
           In
           the
           seventeenth
           year
           of
           the
           Reign
           of
           King
           Edward
           the
           second
           a
           
             nihil
             habet
          
           being
           returned
           by
           a
           Sheriff
           upon
           a
           Distringas
           in
           wast
           a
           Capias
           was
           awarded
           by
           the
           Justices
           of
           the
           Court
           of
           
             Common
             Pleas
          
           against
           the
           defendant
           .
           
        
         
           And
           that
           if
           a
           Sheriff
           return
           upon
           a
           pone
           a
           Tarde
           that
           the
           VVrit
           came
           so
           late
           unto
           him
           as
           he
           could
           not
           execute
           it
           ,
           
           and
           it
           be
           averred
           that
           the
           VVrit
           came
           time
           enough
           ,
           or
           that
           the
           Party
           was
           present
           and
           might
           be
           attached
           the
           Sheriff
           was
           to
           be
           amerced
           .
           
        
         
           Personal
           Actions
           ,
           saith
           the
           
             Mirrour
             of
             Justice
          
           ,
           (
           so
           much
           admired
           by
           Sir.
           
             Edward
             Coke
          
           )
           have
           their
           introductions
           by
           Attachments
           of
           their
           Bodies
           ,
           real
           by
           Summons
           and
           mixt
           actions
           .
        
         
           By
           Summons
           and
           after
           by
           Attachment
           in
           personal
           Action
           .
           And
           in
           the
           same
           Kings
           Reign
           if
           a
           Religious
           man
           Professed
           ,
           had
           forsaken
           the
           house
           and
           become
           vagrant
           ,
           a
           VVrit
           upon
           a
           Certificate
           of
           the
           Abbot
           or
           Prior
           issued
           out
           of
           the
           Chancery
           to
           the
           Sheriff
           to
           take
           him
           .
           
        
         
           
             In
             the
             eight
             year
             of
             the
             Reign
             of
             King
          
           Edward
           
             the
             third
          
           presentatio
           facta
           fuit
           apud
           Lincolne
           
           
             contra
             Thomam
             de
             Carleton
             sub
             Vicecomitem
             Indictatum
             de
             extorsionibus
             &
             aliis
             malefactis
             &
             inter
             alia
             quod
             mittit
             homines
             arrestatos
             pro
             debitis
             in
             ergastulum
             strictum
             &
             fetidum
             inter
             latrones
             quousque
             finem
             fecerint
             cum
             illo
             pro
             deliberatione
             sua
             extra
             ,
          
           
           
             &c.
             
             Contra
             formam
             statuti
             &
             plurima
             alia
             pro
             quibus
             fecit
             finem
             cum
             Rege
             &
             postea
             pardonatur
             per
             breve
             domini
             Regis
             eo
             quod
             invenit
             Regi
             in
             guerra
             sua
             Scotiae
             tres
             homines
             armatos
             &
             duos
             Hobelarios
             Thomas
             de
             Carleton
          
           under
           Sheriff
           of
           the
           county
           of
           Lincolne
           was
           indicted
           at
           Lincoln
           for
           several
           Extortions
           and
           Misdemeanors
           ,
           and
           amongst
           other
           things
           ,
           for
           that
           he
           did
           put
           such
           as
           were
           Prisoners
           and
           arrested
           for
           Debt
           in
           a
           close
           and
           loathsom
           Prison
           amongst
           Theeves
           until
           they
           gave
           him
           mony
           for
           their
           better
           accomodation
           ,
           against
           the
           form
           of
           the
           Statute
           ,
           and
           did
           commit
           many
           other
           Misdemeanours
           ,
           for
           which
           he
           paid
           a
           Fine
           to
           the
           King
           ,
           and
           was
           pardoned
           for
           that
           he
           furnished
           the
           King
           in
           his
           VVars
           in
           Scotland
           with
           three
           armed
           men
           and
           two
           Hoblers
           or
           common
           Soldiers
           .
        
         
           By
           an
           Act
           of
           Parliament
           made
           in
           the
           18
           year
           of
           the
           Reign
           of
           the
           same
           King
           a
           Capias
           is
           to
           be
           awarded
           against
           such
           as
           not
           having
           wherewithal
           to
           live
           do
           refuse
           to
           serve
           .
           
        
         
         
           22.
           
           Ed.
           3.
           
           It
           was
           held
           for
           Law
           ,
           that
           upon
           a
           Judgment
           obtained
           for
           Debt
           or
           Damages
           ,
           
           the
           Body
           of
           the
           Defendant
           might
           be
           taken
           in
           execution
           ,
           and
           by
           the
           opinion
           of
           Thorpe
           and
           Basset
           Judges
           where
           conusance
           of
           Pleas
           is
           granted
           ,
           
           there
           are
           also
           granted
           all
           things
           necessary
           unto
           it
           ,
           as
           to
           proceed
           by
           way
           of
           
             Capias
             ,
             Distresse
          
           ,
           &c.
           
        
         
           
             And
             it
             was
             in
             those
             times
             agreed
             to
             be
             Law
          
           that
           the
           Judges
           have
           Power
           by
           Word
           of
           Mouth
           to
           command
           a
           Defendant
           to
           be
           Attached
           ,
           
           
             and
             that
          
           he
           that
           Bailed
           a
           man
           might
           by
           the
           Law
           ,
           without
           Process
           ,
           Arrest
           or
           take
           the
           partie
           Bailed
           ,
           and
           bring
           him
           into
           the
           Court.
           
        
         
           All
           which
           put
           together
           and
           brought
           to
           a
           due
           consideration
           ,
           with
           the
           small
           or
           no
           difference
           ,
           which
           is
           betwixt
           a
           Pone
           and
           a
           Capias
           ,
           as
           to
           the
           Attaching
           and
           Compelling
           of
           Defendants
           to
           appear
           in
           the
           Tenor
           ,
           and
           antiently
           practised
           ,
           and
           yet
           intended
           use
           of
           it
           may
           be
           enough
           to
           Rescue
           us
           from
           the
           imputation
           of
           Error
           or
           presumption
           ,
           
           if
           
             pace
             tanti
             viri
          
           ,
           we
           shall
           take
           that
           which
           hath
           been
           said
           in
           Sir.
           
             Will.
             Herberts
          
           case
           by
           Sir.
           
             Edward
             Coke
          
           in
           his
           third
           Reports
           that
           
             the
             Body
             of
             a
             Defendant
             in
             an
             Action
             of
             debt
             was
             not
             subject
             or
             lyable
             to
             an
             execution
             before
             the
             
             Statute
          
           made
           in
           the
           25th
           year
           of
           the
           Reign
           of
           King
           Edward
           the
           third
           ,
           to
           be
           no
           more
           than
           an
           opinion
           built
           upon
           a
           great
           mistake
           ,
           for
           that
           Statute
           was
           not
           made
           only
           to
           give
           Process
           of
           Arrest
           by
           Capias
           upon
           a
           
             nihil
             habet
          
           or
           
             non
             est
             Inventus
          
           upon
           a
           Pone
           or
           a
           
             nihil
             habet
          
           or
           
             non
             est
             Inventus
          
           returned
           upon
           a
           Distringas
           by
           a
           Sheriff
           ,
           because
           it
           was
           so
           before
           by
           the
           Common
           Law
           of
           England
           (
           it
           being
           altogether
           improbable
           that
           those
           who
           had
           Lands
           or
           any
           visible
           Estate
           in
           Goods
           or
           Chattels
           were
           before
           the
           making
           of
           that
           Statute
           always
           Resident
           ,
           or
           did
           never
           hide
           or
           absent
           themselves
           for
           Debt
           or
           some
           other
           Actions
           ,
           to
           avoid
           a
           Summons
           or
           some
           Arrest
           or
           compulsory
           way
           to
           bring
           them
           into
           Courts
           of
           Justice
           to
           answer
           and
           give
           satisfaction
           unto
           such
           as
           had
           cause
           to
           complain
           of
           them
           ,
           or
           that
           those
           who
           had
           no
           Lands
           or
           Goods
           were
           always
           to
           be
           free
           and
           exempted
           from
           any
           restraint
           or
           arrest
           of
           their
           Bodys
           upon
           actions
           of
           Debt
           or
           for
           any
           other
           matters
           commenced
           against
           them
           .
        
         
           But
           was
           intended
           only
           to
           have
           Process
           to
           the
           Exigend
           and
           Utlary
           ,
           (
           which
           could
           not
           be
           without
           a
           Write
           of
           Capias
           )
           in
           Actions
           of
           Debt
           ,
           detinue
           of
           Chattels
           ,
           and
           taking
           of
           Beasts
           ,
           
             per
             Capias
             
             &
             Exigend
             selon
             retourne
             du
             vicecount
             come
             home
             use
             en
             breifs
             daccompt
             ,
          
           by
           Capias
           and
           Exigen●
           according
           to
           the
           return
           of
           the
           Sheriff
           ,
           
           as
           was
           used
           in
           Writs
           of
           accompt
           ,
           and
           being
           at
           the
           petition
           of
           the
           Commons
           in
           Parliament
           
             priont
             les
             Commons
          
           ,
           the
           King
           ,
           as
           the
           record
           it self
           witnesseth
           ,
           did
           answer
           ,
           
             I
             l
             plese
             ou
             Roy
             que
             ainsi
             soit
             &
             quil
             soit
             mys
             en
             Estatut
             ,
          
           it
           pleaseth
           the
           King
           that
           it
           should
           be
           so
           ,
           and
           that
           it
           be
           put
           or
           formed
           into
           a
           Statute
           .
        
         
           And
           the
           reason
           of
           that
           petition
           of
           the
           Commons
           in
           Parliament
           to
           the
           King
           which
           introduced
           and
           procured
           that
           Act
           of
           Parliament
           ,
           (
           many
           Acts
           of
           Parliament
           and
           good
           Laws
           in
           the
           former
           Ages
           being
           usher'd
           in
           ,
           and
           obtained
           by
           the
           Petitions
           of
           the
           Commons
           in
           Parliament
           to
           their
           King
           and
           Sovereign
           ,
           )
           may
           in
           all
           probability
           seem
           to
           be
           ,
           for
           that
           they
           did
           not
           think
           either
           the
           former
           Process
           of
           the
           Law
           by
           Summons
           ,
           
           Pone
           Distringas
           or
           Capias
           to
           be
           severe
           or
           sufficiently
           coercive
           ,
           or
           so
           powerful
           to
           bring
           a
           Defendant
           to
           Justice
           ,
           as
           the
           fear
           of
           an
           Utlary
           ,
           which
           in
           the
           Saxons
           times
           were
           so
           Terrible
           as
           he
           that
           was
           outlawed
           was
           accompted
           to
           be
           a
           Friendless
           or
           Lawless
           man
           and
           was
           afterwards
           so
           formidable
           to
           those
           ,
           
           that
           by
           the
           contempt
           of
           the
           Laws
           incurred
           in
           the
           forfeiture
           of
           their
           Liberties
           ,
           Goods
           ,
           Chattels
           ,
           Profits
           of
           their
           Lands
           ,
           and
           Benifits
           of
           the
           Laws
           ,
           as
           it
           might
           well
           be
           believed
           every
           man
           would
           be
           careful
           to
           avoid
           so
           great
           a
           danger
           and
           trouble
           .
        
         
           And
           therefore
           in
           the
           eighteenth
           year
           of
           the
           Reign
           of
           that
           King
           ,
           being
           but
           seven
           years
           before
           the
           making
           of
           that
           Statute
           ,
           it
           was
           deemed
           to
           be
           for
           the
           good
           of
           the
           People
           to
           have
           it
           declared
           by
           Act
           of
           Parliament
           in
           what
           cases
           process
           of
           Exigend
           and
           Utlary
           should
           be
           ,
           that
           is
           to
           say
           ,
           against
           such
           
             as
             received
             the
             Kings
             .
             Wool
             or
             Mony
             ,
             and
             detained
             it
             ,
             such
             as
             transported
             Wool
             ,
             not
             Cocquetted
             or
             without
             Custom
             ,
             against
             Conspirators
             and
             Confederates
             of
             quarrels
             such
             as
             commited
             Ryots
             and
             brought
             in
             false
             mony
             ,
             if
             they
             could
             not
             be
             found
             or
             brought
             in
             by
             Attachment
             or
             Distress
             ,
             and
             not
             against
             any
             other
             .
          
        
         
           And
           by
           another
           Statute
           of
           the
           same
           year
           
             no
             exigend
             was
             to
             be
             granted
          
           in
           trespass
           
             but
             where
             it
             was
             for
             breach
             of
             the
             Peace
             ,
          
           and
           at
           this
           day
           notwithstanding
           the
           Statute
           of
           25.
           
           
             E.
             3.
             ca.
          
           17.
           no
           Writ
           of
           Capias
           can
           be
           made
           without
           a
           
             nihil
             habet
          
           returned
           ,
           nor
           could
           a
           Capias
           in
           accompt
           be
           otherwise
           made
           before
           the
           making
           of
           that
           
           Statute
           ,
           nor
           can
           be
           since
           without
           a
           
             nihil
             habet
          
           returned
           by
           the
           Sheriffe
           ,
           unless
           the
           Co●●t
           should
           by
           their
           coercive
           power
           of
           punishing
           contempts
           and
           contumacy
           think
           fit
           to
           do
           it
           ,
           as
           is
           now
           done
           by
           Attachment
           in
           Chancery
           upon
           a
           Defendants
           not
           appearing
           ,
           and
           was
           long
           before
           that
           Statute
           done
           by
           the
           Judges
           of
           our
           Courts
           of
           Common
           Law
           ,
           for
           not
           obeying
           prohibitions
           or
           VVrits
           Commanding
           the
           not
           Impan●lling
           of
           one
           above
           the
           age
           of
           70
           years
           to
           be
           of
           a
           Jury
           ,
           a
           VVrit
           to
           replevin
           or
           Bayl
           a
           man
           which
           was
           Imprisoned
           ,
           
             upon
             a
             moderata
             misericordia
          
           ,
           against
           a
           Steward
           or
           Bayliffe
           of
           a
           Manour
           for
           amercing
           too
           much
           ,
           against
           a
           Sheriffe
           ,
           for
           not
           Summoning
           or
           misreturning
           a
           Jury
           (
           and
           the
           like
           )
           they
           being
           as
           well
           enabled
           to
           cause
           a
           Defendant
           to
           be
           attached
           or
           arrested
           for
           a
           default
           or
           contempt
           in
           refusing
           to
           appear
           before
           them
           as
           they
           did
           usually
           before
           that
           statute
           ,
           and
           do
           yet
           award
           a
           grand
           Cape
           against
           the
           Lands
           of
           a
           Tenant
           for
           not
           appearing
           in
           a
           real
           Action
           ,
           make
           out
           a
           
             Capias
             pro
             fine
             &
             Imprison
          
           ,
           a
           Defendant
           for
           Pleading
           
             non
             est
             factum
          
           to
           a
           Bond
           or
           other
           deed
           after
           it
           is
           found
           against
           him
           ,
           and
           a
           Capias
           to
           arrest
           such
           as
           shall
           make
           a
           Rescue
           as
           they
           did
           before
           that
           statute
           ,
           and
           do
           yet
           make
           
           a
           Capias
           upon
           a
           
             nihil
             habet
          
           returned
           upon
           an
           original
           in
           accompt
           when
           the
           Statute
           of
           
             Marlbridge
             52.
             
             H.
             3.
             cap.
          
           23.
           only
           gives
           it
           upon
           a
           Distringas
           when
           the
           Defendant
           hath
           nothing
           to
           be
           distrained
           and
           as
           they
           did
           before
           the
           statute
           of
           25.
           
           
             E.
             3.
             cap.
          
           17
           ,
           and
           yet
           do
           in
           actions
           of
           Trespass
           make
           a
           Capias
           upon
           a
           
             nihil
             habet
          
           returned
           instead
           of
           a
           Distringas
           when
           the
           original
           Writ
           out
           of
           the
           Chancery
           is
           a
           Pone
           or
           attachment
           .
        
         
           Otherwise
           they
           cannot
           do
           Justice
           to
           those
           that
           complain
           and
           their
           jurisdiction
           will
           be
           useless
           ,
           
           and
           to
           no
           purpose
           saith
           Mr.
           Selden
           ,
           and
           therefore
           where
           ever
           there
           is
           the
           one
           ,
           of
           necessity
           there
           must
           be
           the
           other
           ,
           and
           the
           Judges
           saith
           Glanvil
           in
           H.
           2.
           time
           had
           power
           to
           Punish
           contempts
           and
           such
           as
           should
           absent
           themselves
           .
        
         
           And
           had
           no
           less
           in
           the
           Reign
           of
           King
           
             Henry
             3
          
           ,
           
           when
           it
           was
           said
           by
           
             Bracton
             ,
             ex
             quo
             eis
             commissa
             est
             causa
             simpliciter
             extenditur
             eorum
             Jurisdictio
             ad
             omnia
             sine
             quibus
             causa
             terminari
             non
             potest
             quantum
             ad
             judicium
             &
             executionem
             judicii
             ,
          
           when
           they
           are
           commissionated
           to
           hear
           a
           cause
           ,
           their
           jurisdiction
           is
           to
           be
           extended
           unto
           that
           without
           which
           the
           cause
           ,
           as
           to
           the
           judgement
           and
           execution
           
           thereof
           ,
           cannot
           be
           determined
           ,
           and
           did
           not
           want
           a
           coercive
           power
           in
           the
           Reign
           of
           King
           Edward
           the
           1.
           
           when
           a
           man
           could
           not
           have
           a
           VVrit
           
             de
             homine
             replegiando
          
           when
           he
           is
           taken
           by
           the
           commandment
           of
           the
           chief
           Justice
           ,
           and
           upon
           all
           contempts
           made
           to
           any
           Courts
           of
           Record
           in
           disobeying
           the
           commandment
           of
           the
           King
           under
           his
           great
           Seal
           ,
           the
           offender
           is
           to
           be
           fined
           and
           imprisoned
           ,
           
           for
           jurisdictions
           saith
           the
           civil
           Law
           are
           maintained
           and
           upheld
           by
           such
           kind
           of
           coercions
           ,
           and
           is
           no
           more
           either
           as
           to
           the
           point
           of
           contumacy
           or
           when
           the
           defendants
           have
           not
           goods
           sufficient
           then
           is
           now
           usually
           done
           in
           the
           collecting
           the
           excise
           or
           monthly
           assessements
           ,
           when
           the
           collectors
           where
           no
           distress
           can
           be
           found
           ,
           are
           impowered
           to
           take
           and
           imprison
           the
           Body
           ,
           and
           even
           the
           
             System
             maker
          
           in
           the
           time
           of
           the
           late
           rebellion
           when
           the
           inclosures
           of
           the
           Law
           and
           all
           that
           supported
           or
           savoured
           of
           Monarchy
           were
           endeavoured
           to
           be
           thrown
           down
           ,
           and
           every
           discontented
           or
           foolish
           fancy
           would
           be
           a
           Legislator
           ,
           and
           busie
           it self
           in
           the
           alteration
           and
           spoiling
           of
           our
           Laws
           ,
           could
           not
           tell
           how
           to
           avoid
           the
           allowing
           of
           an
           arrest
           or
           Capias
           where
           the
           defendant
           had
           no
           visible
           and
           certain
           Estate
           whereby
           to
           be
           Summoned
           .
        
         
         
           And
           with
           much
           more
           which
           might
           be
           alledg'd
           for
           the
           antiquity
           ,
           legality
           ,
           rationality
           ,
           long
           approbation
           and
           usefulness
           of
           the
           Writs
           and
           Process
           of
           arrest
           ,
           and
           Utlary
           ,
           which
           have
           been
           and
           are
           a
           great
           part
           of
           the
           power
           and
           ancient
           rights
           and
           customs
           of
           our
           Courts
           of
           Justice
           without
           which
           they
           can
           neither
           subsist
           ,
           exercise
           ,
           maintain
           or
           Keep
           their
           authorities
           ,
           or
           accomplish
           the
           design
           and
           ends
           of
           justice
           ,
           and
           their
           constitution
           may
           inform
           all
           those
           that
           would
           not
           bind
           or
           make
           themselves
           more
           than
           apprentices
           to
           those
           inconsiderate
           clamours
           which
           since
           that
           fatal
           and
           unhappy
           year
           1641
           ,
           have
           been
           raised
           by
           the
           
             mobile
             &
             scelestum
             vulgus
          
           ,
           ignorant
           and
           plundering
           part
           of
           the
           People
           and
           their
           new
           Fangled
           devices
           and
           designs
           for
           the
           banishment
           or
           alteration
           of
           our
           Laws
           which
           they
           but
           a
           little
           before
           had
           cryed
           up
           and
           publickly
           professed
           to
           be
           their
           birth-right
           .
        
         
           And
           by
           the
           Extirpation
           of
           Monarchy
           ,
           Kingly
           and
           Church
           government
           plow
           up
           the
           Kingdom
           to
           their
           own
           ungodly
           advantages
           and
           profits
           ,
           and
           render
           it
           to
           be
           in
           a
           worse
           and
           more
           barbarous
           condition
           then
           
             Wat
             Tiler
             ,
             Jack
             Cade
          
           or
           Ket
           could
           have
           brought
           it
           unto
           if
           their
           several
           Rebellions
           and
           Clounery
           had
           gained
           their
           expected
           success
           .
        
         
         
           That
           there
           is
           nothing
           to
           uphold
           those
           their
           reasonless
           desires
           of
           Innovation
           .
        
         
           And
           that
           our
           Fore-fathers
           were
           so
           well
           content
           with
           the
           benefit
           of
           that
           Act
           of
           Parliament
           of
           25.
           
           E.
           3.
           for
           the
           proceedings
           by
           Writ
           of
           Capias
           ,
           and
           by
           Process
           of
           Exigend
           to
           the
           Utlary
           ,
           in
           
             Actions
             of
             Debt
             ,
             detinue
             of
             Chattels
             ,
             and
             taking
             of
             Beasts
             ,
          
           (
           for
           that
           may
           appear
           to
           be
           the
           only
           design
           and
           purpose
           of
           that
           Statute
           .
           )
        
         
           And
           did
           so
           little
           believe
           the
           Process
           by
           way
           of
           Capias
           and
           Arrest
           ,
           to
           be
           any
           invasion
           of
           their
           liberties
           and
           rights
           of
           Freemen
           ,
           as
           they
           did
           in
           the
           said
           Parliament
           Petition
           for
           ,
           and
           obtain
           an
           Act
           of
           Parliament
           ,
           that
           
             no
             man
             might
             be
             taken
             but
             by
             Indictment
             or
             Presentment
             ,
             or
             by
             Proces
             made
             by
             Writ
             origynal
             at
             the
             common
             Law
             ,
          
           or
           to
           be
           prejudicial
           unto
           them
           or
           their
           posterities
           and
           in
           the
           38
           year
           of
           the
           Reign
           of
           that
           Ki●g
           .
        
         
           
             Although
             great
             mischiefes
             did
             as
             was
             complained
             to
             that
             King
             in
             a
             Parliament
             holden
             in
             the
             seven
             and
             thirtieth
             year
             of
             his
             Reign
          
           often
           happen
           and
           dayly
           come
           ,
           
           because
           that
           Escheators
           Sheriffs
           and
           other
           the
           Kings
           Ministers
           did
           seise
           the
           Lands
           Goods
           and
           Chattels
           of
           many
           surmising
           that
           they
           were
           Out-Lawed
           ,
           where
           they
           were
           not
           because
           they
           did
           beare
           such
           names
           as
           those
           that
           were
           Outlawed
           
           the
           benefits
           of
           the
           aforesaid
           Statute
           of
           25
           E.
           3
           ,
           for
           Process
           of
           Utlary
           by
           VVrits
           of
           Capias
           and
           Exigend
           which
           was
           made
           but
           two
           years
           before
           did
           so
           over
           ballanc●
           that
           or
           other
           inconveniences
           as
           might
           happen
           in
           some
           mens
           particulars
           ,
           as
           the
           VVisdom
           of
           that
           King
           and
           Parliament
           ,
           could
           not
           think
           it
           fit
           to
           repeal
           that
           Statute
           ,
           or
           forbid
           or
           discourage
           the
           right
           use
           of
           it
           ,
           but
           did
           only
           ordain
           that
           
             if
             any
             complained
             ,
             he
             should
             in
             such
             a
             case
             have
             a
             Writ
             de
             ldempuitate
             nominis
             as
             had
             been
             in
             time
             past
             .
          
        
         
           
             And
             in
             the
          
           38th
           
             year
             of
             that
             Kings
             Reign
          
           whereas
           many
           People
           were
           grieved
           and
           Attached
           by
           their
           body
           in
           the
           City
           of
           London
           at
           the
           Suit
           of
           the
           People
           of
           the
           same
           City
           surmising
           to
           them
           that
           they
           be
           Debtors
           ,
           
           and
           that
           they
           Prove
           by
           their
           Papers
           whereas
           they
           have
           no
           Deed
           or
           Tally
           ,
           
             It
             was
             assented
          
           ,
           that
           men
           may
           wage
           their
           Law
           ,
           upon
           Debts
           due
           upon
           such
           Papers
           .
        
         
           And
           the
           Right
           use
           of
           that
           Act
           of
           Parliament
           of
           25.
           
           
             F.
             3.
             cap
          
           17.
           did
           from
           time
           to
           time
           receive
           its
           Allowance
           and
           Approbation
           by
           several
           Acts
           of
           Parliament
           made
           by
           our
           Kings
           and
           Princes
           ▪
           from
           the
           makeing
           of
           that
           Act
           until
           that
           never
           to
           be
           enough
           deplored
           infatuation
           and
           unruly
           Giddiness
           of
           a
           rebellious
           part
           of
           
           the
           Nation
           betwixt
           the
           year
           1641
           ,
           and
           his
           Majesties
           happy
           return
           in
           the
           year
           ,
           1660.
           
        
         
           
             As
             by
             an
             Act
             of
             Parliament
             made
             in
             the
             first
             year
             of
             the
             Reign
             of
             King
          
           Richard
           the
           2
           ,
           
           
             it
             was
             enacted
             ,
             that
          
           Prisoner
           upon
           judgments
           given
           in
           any
           of
           the
           Kings
           Courtss
           of
           Justice
           should
           not
           be
           suffered
           to
           go
           at
           large
           that
           a
           fained
           confession
           of
           a
           Debt
           due
           to
           the
           King
           should
           not
           delay
           anothers
           Execution
           .
        
         
           And
           that
           Priests
           should
           not
           be
           arrested
           doing
           Divine
           service
           .
        
         
           
             And
             in
             the
             second
             year
             of
             that
             Kings
             Reign
             ,
             being
             but
             about
             27
             years
             after
             the
             making
             of
             that
             Statute
             of
          
           25
           E.
           the
           3.
           
             to
             proceed
             to
             Utlary
             by
             way
             of
          
           Capias
           
             in
             Actions
             of
             Debt
          
           ,
           
           Robert
           de
           Hauley
           
             Esquire
             being
             Arrested
             upon
             an
             Action
             of
             Debt
             ,
             and
             upon
             his
             Escape
             pursued
             into
          
           Westminstar
           
             Abby
             Church
             ,
             where
             he
             took
             Sanctuary
             ,
             was
             in
             a
             Tumult
             in
             the
             Church
             ,
             Slain
             at
             the
             High
             Altar
             when
             the
             Priest
             was
             Singing
             high
             Mass
             ,
             and
             the
             offence
             and
             breach
             of
             Priviledg
             (
             as
             it
             was
             then
             pretended
             to
             be
             )
             complained
             of
             in
             Parliament
             by
             the
             Arch
             Bishop
             of
          
           Canterbury
           
             and
             the
             rest
             of
             the
             Prelates
             and
             Clergy
             ,
             who
             prayed
             that
          
           due
           Satisfaction
           and
           amends
           might
           be
           made
           of
           so
           Horrible
           a
           fact
           ,
           
           
             It
             was
             opposed
             by
             the
             Lords
             and
             Commons
             who
             Vouched
             records
             and
             called
             to
             witness
             the
             Justices
             and
             others
             ▪
             that
             were
          
           Learned
           in
           the
           Laws
           
             of
             the
             Land
          
           ,
           that
           in
           the
           Church
           of
           England
           ▪
           It
           hath
           not
           been
           accustomed
           
             that
             the
          
           offenders
           flying
           to
           a
           Church
           ought
           to
           have
           Immunity
           for
           Debt
           or
           Trespas
           or
           other
           cause
           whatsoever
           ,
           except
           for
           crime
           only
           ,
           and
           certain
           Doctors
           of
           Divinity
           ,
           Canon
           and
           Civil
           Laws
           
             being
             thereupon
             examined
          
           ,
           and
           sworn
           before
           the
           King
           himself
           ,
           to
           speak
           the
           plain
           truth
           ,
           
             said
             upon
             mature
             and
             sound
             deliberation
             ,
             that
             in
             case
             of
          
           Debt
           account
           or
           Trespass
           where
           a
           man
           is
           not
           to
           loose
           Life
           or
           Member
           ,
           no
           man
           ought
           to
           have
           Immunity
           in
           holy
           Church
           ,
           
             and
             said
             further
             in
             very
             high
             expressions
             ,
             that
             ,
          
           God
           saving
           his
           perfection
           ,
           and
           the
           Pope
           saving
           his
           holiness
           ,
           nor
           any
           King
           or
           Prince
           can
           grant
           such
           a
           Priveledge
           ,
           and
           that
           if
           the
           King
           should
           grant
           such
           a
           one
           ,
           the
           Church
           which
           is
           and
           ought
           to
           be
           favoured
           and
           nourished
           ,
           ought
           not
           to
           accept
           of
           it
           ,
           whereof
           offence
           or
           occasion
           of
           offence
           may
           arise
           ,
           for
           it
           is
           a
           Sin
           and
           occasion
           of
           offence
           
             (
             saith
             the
             Record
          
           )
           to
           delay
           a
           man
           willingly
           from
           his
           Debt
           or
           the
           just
           recovery
           of
           the
           same
           .
        
         
           
             And
             so
             little
             did
             that
             great
             affray
             ,
             &
             complaint
             of
             a
             then
             Powerful
             Clergy
             ,
             for
             that
             breach
             of
             Priveledge
             ,
             &
             the
             trouble
             of
             the
             King
             and
             Parliament
             
             therein
             ,
             perswade
             our
             forefathers
             to
             any
             dislike
             of
             the
             way
             of
             proceedings
             by
             way
             of
             arrest
             ,
          
           
           by
           Capias
           
             or
             Utlary
             thereupon
             ,
             as
             at
             another
             Parliament
             holden
             in
             the
             same
             year
             ,
          
           for
           the
           avoiding
           of
           debtors
           ,
           withdrawing
           themselves
           and
           Flying
           into
           Places
           of
           Churches
           Priviledged
           ,
           
             It
             was
             ordained
             by
             the
             King
             upon
             the
             Petition
             of
             the
             Commons
             in
             Parliament
             ,
             that
          
           in
           such
           cases
           after
           the
           Creditor
           had
           brought
           an
           Action
           of
           debt
           ,
           and
           procured
           a
           Capias
           to
           be
           thereupon
           awarded
           ,
           and
           the
           Sheriff
           returned
           that
           he
           could
           not
           take
           the
           defendant
           because
           of
           places
           of
           Priviledge
           ,
           another
           Writ
           should
           be
           made
           with
           Proclamation
           to
           be
           made
           at
           the
           gate
           of
           such
           Priviledged
           place
           by
           five
           Weeks
           continually
           every
           Week
           once
           that
           such
           person
           render
           himself
           .
        
         
           And
           the
           Succeeding
           Kings
           were
           so
           careful
           not
           to
           suffer
           particular
           grievances
           to
           disappoint
           the
           effects
           of
           good
           Laws
           ,
           made
           for
           the
           generality
           of
           the
           People
           .
        
         
           
             As
             by
             a
             Statute
             made
             in
             the
             first
             year
             of
             the
             Reign
             of
             King
          
           Henry
           
             the
             fifth
          
           ,
           
           
             it
             was
             ordained
             that
          
           in
           every
           original
           Writ
           of
           Actions
           personal
           upon
           which
           an
           Exigend
           shall
           be
           awarded
           ,
           the
           names
           of
           the
           defendants
           and
           their
           additions
           shall
           be
           mentioned
           .
        
         
         
           And
           by
           another
           made
           in
           the
           7th
           year
           of
           the
           said
           Kings
           Reign
           ,
           
           upon
           the
           Petition
           of
           the
           Commons
           as
           the
           Statute
           witnesseth
           ,
           
             like
             process
             for
             the
             common
             profit
             of
             the
             Realm
             ,
          
           saith
           the
           preamble
           of
           that
           Statute
           shall
           be
           had
           
             in
             Writs
             of
             forging
             of
             Charters
             or
             evidences
             by
             Capias
             and
             Exigend
             as
             in
             Trespass
             .
          
        
         
           
             By
             a
             Statute
             made
             in
             the
             23
             year
             of
             the
             Reign
             of
             King
          
           Henry
           
             the
             sixth
          
           ,
           
           Sheriffs
           shall
           take
           Bonds
           securities
           or
           sureties
           for
           the
           appearance
           of
           such
           as
           be
           Arrested
           ,
           except
           upon
           Writs
           of
           Execution
           Capias
           utlegatum
           or
           excommunicatum
           ,
        
         
           
             By
             a
             Statute
             made
             in
             the
          
           19th
           
             Year
             of
             the
             Reign
             of
             King
          
           Henry
           the
           7th
           because
           there
           have
           been
           great
           delays
           
             (
             saith
             the
             Preamble
             of
             that
             Act
             )
          
           like
           Process
           is
           given
           in
           Actions
           of
           the
           Case
           as
           in
           Actions
           of
           Trespas
           or
           debt
           .
           
        
         
           
             By
             an
             Act
             of
             Parliament
             made
             in
             the
             sixth
             year
             of
             the
             Reign
             of
             King
          
           Henry
           
             the
             eighth
          
           ,
           
           Proclamation
           shall
           be
           awarded
           to
           give
           notice
           unto
           him
           that
           dwelling
           in
           one
           County
           ,
           shall
           be
           sued
           to
           an
           Exigend
           in
           another
           .
        
         
           
             By
             a
             Statute
             or
             Act
             of
             Parliament
             made
             in
             the
             three
             and
             twentith
             year
             of
             his
             Reign
             ,
          
           
           because
           there
           are
           many
           delays
           in
           Actions
           of
           Annuity
           for
           that
           Process
           of
           Utlary
           ,
           saith
           that
           Act
           doth
           not
           lie
           
           like
           ,
           Process
           was
           granted
           by
           the
           King
           in
           Writs
           of
           Annuity
           as
           was
           formerly
           used
           in
           accompt
           .
        
         
           Writs
           of
           Capias
           ,
           
           Exigent
           and
           Outlawry
           were
           allowed
           in
           Wales
           by
           a
           Statute
           made
           in
           the
           34th
           year
           of
           the
           Reign
           of
           the
           aforesaid
           King.
           
        
         
           
             And
             two
             several
             Statutes
             ,
             the
             one
             made
             in
             the
             1.
             year
             ,
          
           
           
             and
             the
             other
             in
             the
          
           5th
           
             year
             of
             King
          
           Edward
           the
           6th
           ,
           
             taking
             notice
             that
             for
             want
             of
             such
             Proclamations
             ,
             many
             of
             the
             persons
             Inhabiting
             in
          
           Wales
           ,
           Lancashire
           ,
           Cheshire
           ,
           or
           Chester
           ,
           were
           without
           knowledg
           or
           cause
           of
           Suit
           wrongfully
           and
           unjustly
           Outlawed
           to
           their
           utter
           undoing
           ,
           
             did
             without
             abrogating
             the
             Right
             use
             of
             the
             proces
             of
             Utlary
             ordain
             ,
          
           that
           upon
           every
           Writ
           of
           Exigend
           against
           any
           Persons
           Inhabiting
           in
           every
           of
           the
           said
           Counties
           or
           Places
           ,
           Proclamations
           shall
           be
           made
           and
           awarded
           ,
           
           directed
           to
           the
           Sheriffs
           of
           the
           several
           Counties
           where
           the
           defendants
           inhabit
           ,
           do
           give
           notice
           thereof
           .
        
         
           
             By
             an
             Act
             of
             Parliament
             made
             in
             the
             fifth
             year
             of
             the
             Reign
             of
             Queen
          
           Elizabeth
           ,
           
           
             three
             several
             VVrits
             of
          
           of
           Capias
           with
           Proclamations
           ,
           with
           the
           Penaltie
           of
           20l
           a
           time
           shall
           be
           awarded
           
             against
             an
             Excommunicate
             person
          
           that
           cannot
           be
           taken
           by
           the
           Sheriff
           upon
           the
           Writ
           of
           Capias
           excommunicatum
           granted
           out
           of
           the
           Chancery
           .
        
         
         
           
             By
             a
             Statute
             made
             in
             the
             eighth
             year
             of
             her
             Reign
             ,
          
           
           for
           that
           many
           of
           their
           malicious
           minds
           ,
           and
           without
           any
           just
           cause
           did
           procure
           divers
           of
           the
           Queens
           Subjects
           to
           be
           Arrested
           ,
           it
           was
           enacted
           that
           the
           defendants
           should
           recover
           their
           costs
           and
           damages
           where
           the
           Plaintiffs
           doe
           delay
           ,
           discontinue
           their
           Suits
           or
           be
           non
           Suited
           .
        
         
           
             And
             by
             an
             Act
             of
             Parliament
             made
             in
             the
             one
             and
             thirtieth
             year
             of
             her
             Reign
             ,
          
           
           
             it
             was
          
           for
           the
           avoiding
           of
           secret
           outlawries
           in
           Actions
           personal
           ,
           ordained
           ,
           that
           upon
           every
           Writ
           of
           exigend
           awarded
           against
           any
           person
           ,
           three
           several
           Proclamations
           shall
           be
           made
           by
           the
           Sheriff
           of
           the
           County
           or
           place
           where
           such
           defendant
           inhabiteth
           ,
           first
           at
           the
           County
           Court
           ,
           the
           second
           at
           the
           Quarter
           Sessions
           ,
           and
           the
           third
           at
           the
           Church
           dore
           of
           the
           Parish
           where
           such
           Person
           inhabiteth
           .
        
         
           And
           the
           like
           to
           be
           done
           in
           the
           County
           Palatine
           of
           Durham
           where
           as
           the
           Statute
           saith
           
             many
             men
             have
             without
             knowledge
             been
             outlawed
             ,
          
           
           
             to
             their
             utter
             undoings
             ,
             if
             some
             speedy
             remedy
             be
             the
             sooner
             provided
          
           but
           those
           misdoings
           were
           not
           not
           then
           accompted
           to
           be
           sufficient
           to
           bereave
           a
           Multitude
           or
           far
           greater
           number
           of
           the
           people
           ,
           of
           the
           good
           which
           they
           received
           by
           the
           process
           of
           Utlary
           .
        
         
         
           
             By
             an
             Act
             of
             Parliament
             made
             in
             the
             three
             and
             fortieth
             year
             of
             Her
             Reign
             ,
          
           the
           procurers
           or
           makers
           of
           any
           Warrant
           to
           Summon
           ,
           Arrest
           ,
           or
           Attach
           any
           Person
           by
           his
           or
           their
           Body
           or
           Goods
           to
           appear
           in
           any
           of
           her
           Majesties
           Courts
           of
           Justice
           not
           having
           before
           an
           original
           Writ
           or
           Process
           to
           warrant
           the
           same
           ,
           
           shall
           be
           Imprisoned
           without
           Bail
           or
           mainprise
           ,
           and
           not
           be
           delivered
           until
           he
           shall
           have
           paid
           10l
           .
           to
           the
           Partie
           grieved
           ,
           besides
           his
           Costs
           and
           Damages
           ,
           and
           20l.
           a
           peice
           for
           their
           offences
           to
           her
           Majestie
           ,
           her
           Heirs
           and
           Successors
           .
        
         
           
             By
             an
             Act
             of
             Parliament
             made
             in
             the
          
           21th
           
             year
             of
             the
             Reign
             of
             King
          
           James
           ,
           
           the
           Lands
           of
           him
           which
           Dieth
           in
           Execution
           ,
           shall
           be
           Chargeable
           with
           the
           Debt
           .
        
         
           
             By
             an
             Act
             of
             Parliament
             made
             in
             the
          
           13th
           
             year
             of
             his
             now
             Majesties
             reign
             reciting
             ,
          
           
           that
           by
           the
           antient
           and
           fundamental
           Laws
           of
           this
           Realm
           ,
           where
           any
           Person
           is
           Sued
           ,
           Impleaded
           ,
           or
           Arrested
           by
           any
           Writ
           ,
           Bill
           ,
           or
           Proces
           ,
           Issuing
           out
           of
           any
           his
           Majesties
           Courts
           of
           Record
           at
           Westminster
           ,
           at
           the
           Suit
           of
           any
           Common
           Person
           ,
           the
           true
           cause
           of
           Action
           ought
           to
           be
           set
           forth
           ,
           and
           particularly
           expressed
           :
           
             It
             was
             ordained
             ,
             that
          
           where
           the
           true
           cause
           or
           certainty
           of
           Action
           is
           not
           expressed
           ,
           in
           any
           such
           VVrit
           ,
           Bill
           ,
           or
           Process
           ,
           the
           Sheriff
           shall
           take
           no
           greater
           Bond
           for
           
           any
           Defendants
           Appearance
           thereunto
           ,
           then
           of
           the
           Penalty
           of
           Forty
           Pounds
           .
        
         
           Which
           in
           such
           a
           length
           of
           time
           and
           approbation
           of
           many
           Statutes
           and
           Acts
           of
           Parliament
           ,
           and
           of
           our
           Judges
           in
           Courts
           of
           Justice
           ,
           in
           the
           awarding
           and
           allowance
           of
           such
           kind
           of
           Writs
           and
           Process
           ,
           which
           as
           the
           Rolls
           and
           Records
           of
           the
           Court
           of
           Common
           Pleas
           in
           the
           17th
           year
           of
           the
           Reign
           of
           Edw.
           the
           2
           ,
           and
           of
           former
           Kings
           Reigns
           do
           declare
           ,
           were
           not
           granted
           of
           Course
           (
           as
           for
           the
           ease
           of
           the
           People
           they
           have
           been
           in
           later
           times
           ,
           by
           sworn
           and
           experienced
           officers
           )
           but
           upon
           grave
           and
           deliberate
           advice
           ,
           upon
           Petitions
           or
           motions
           to
           the
           Judges
           ,
           and
           the
           names
           sometimes
           of
           the
           Chief
           Justice
           ,
           and
           at
           other
           times
           of
           the
           particular
           puisne
           Judge
           that
           granted
           them
           ,
           
           mentioned
           in
           the
           latter
           ends
           of
           the
           Entries
           thereof
           ,
           might
           if
           there
           had
           been
           no
           Vestigia
           or
           track
           of
           the
           necessary
           Process
           of
           Arrest
           ,
           to
           compel
           men
           to
           appear
           in
           Courts
           of
           Justice
           to
           be
           found
           ,
           
             a
             multis
             retro
             seculis
             ex
             longissima
             experientia
             observata
             ,
          
           in
           almost
           all
           the
           foregoing
           ages
           and
           wisdom
           of
           the
           Auntients
           ,
           abundantly
           serve
           to
           recal
           that
           humour
           or
           desire
           of
           novel
           experiments
           ,
           or
           imposing
           or
           practising
           upon
           our
           Laws
           and
           Liberties
           
           and
           conduct
           those
           
             Sons
             of
             Innovation
          
           to
           a
           better
           obedience
           and
           veneration
           of
           our
           Laws
           ,
           rules
           of
           right
           reason
           ,
           and
           necessity
           of
           maintaining
           the
           indispensable
           ,
           Antient
           ,
           Legal
           power
           and
           Authority
           of
           Justice
           ,
           in
           the
           blessings
           of
           that
           which
           we
           have
           already
           received
           ,
           and
           may
           hereafter
           ,
           receive
           by
           its
           due
           administration
           ,
           if
           we
           do
           not
           give
           entertainment
           unto
           the
           
             wild
             proposalls
          
           ,
           of
           those
           who
           in
           their
           plenty
           of
           
             Ignorance
             ,
             Obstinacy
          
           ,
           and
           Interest
           ,
           would
           have
           they
           
             know
             not
             what
          
           .
        
         
           And
           bring
           upon
           the
           Nation
           ,
           and
           themselves
           ,
           and
           posterities
           ,
           the
           many
           sad
           effects
           and
           consequences
           it
           will
           produce
           ,
           and
           may
           give
           them
           to
           understand
           ,
           that
           having
           such
           a
           small
           assureance
           of
           an
           Infallibility
           ,
           they
           may
           do
           better
           to
           stop
           the
           Carrere
           of
           their
           so
           causeless
           prejudice
           ,
           against
           the
           Process
           of
           Capias
           and
           Arrest
           ,
           and
           observe
           what
           their
           Neighbour
           and
           other
           Nations
           have
           adjudged
           to
           be
           very
           necessary
           and
           unavoidable
           in
           their
           proceedings
           in
           Courts
           of
           Justice
           upon
           personal
           Actions
           .
        
         
           Who
           have
           not
           so
           lost
           or
           forsaken
           the
           Antient
           Customes
           and
           Pathes
           of
           their
           Fore-Fathers
           but
           that
           the
           same
           or
           very
           like
           ,
           what
           is
           ,
           and
           hath
           been
           so
           long
           in
           use
           amongst
           us
           ,
           may
           be
           seen
           amongst
           
           many
           of
           the
           most
           civilized
           of
           them
           ,
           and
           was
           so
           early
           in
           the
           World
           as
           it
           seemes
           ,
           
           saith
           
             John
             Oldendorpius
          
           to
           be
           deduced
           from
           the
           Laws
           of
           God
           and
           Nature
           ,
           Right
           reason
           and
           necessity
           .
        
         
           By
           an
           Edict
           or
           Law
           of
           Theodorico
           ,
           
           King
           or
           Emperour
           of
           the
           Gothes
           ,
           made
           in
           the
           year
           of
           our
           Lord
           God
           497
           ,
           Arrests
           of
           the
           Bodies
           of
           Defendants
           ,
           were
           allowed
           to
           be
           made
           .
        
         
           By
           a
           Constitution
           of
           Charlemaigne
           ,
           whose
           dominion
           extended
           over
           the
           greatest
           part
           of
           Europe
           ,
           made
           about
           the
           year
           of
           our
           Lord
           God
           780.
           the
           houses
           of
           those
           that
           with-held
           their
           Tythes
           were
           to
           be
           seized
           ,
           and
           if
           they
           opposed
           and
           presumed
           to
           enter
           again
           of
           their
           own
           authority
           ,
           the
           Ministers
           of
           the
           Common-wealth
           were
           to
           put
           them
           in
           Custody
           .
        
         
           In
           the
           Empire
           of
           Germany
           ,
           more
           especially
           in
           famous
           Mart
           Towns
           ,
           
           and
           Imperial
           Cities
           ,
           as
           Frankford
           upon
           the
           
             Mayn
             Lipsich
             ,
             Norinberg
          
           ,
           &c.
           (
           saith
           
             John
             Koppen
          
           in
           Rangensdorff
           ,
           Chief
           Councellor
           to
           the
           Elector
           of
           Brandenburgh
           )
           Arrests
           for
           Debt
           are
           frequently
           made
           ,
           and
           the
           Debtors
           Imprisoned
           ,
           and
           this
           saith
           he
           ,
           
             a
             vetustissimis
             Romanorum
             legibus
             originem
             sumpsit
             ,
          
           
           had
           it's
           begining
           from
           the
           most
           Antient
           Roman
           Laws
           ,
           a
           Clark
           in
           holy
           Orders
           ,
           and
           likely
           to
           run
           away
           ,
           a
           Debtor
           that
           hath
           no
           Land
           ,
           or
           is
           likely
           to
           remove
           away
           his
           Goods
           ,
           is
           a
           Prodigal
           ,
           or
           contumatious
           ,
           refuseth
           to
           appear
           ,
           and
           cannot
           give
           Sureties
           ,
           may
           by
           the
           Laws
           and
           practice
           of
           those
           Countries
           ,
           
             &
             Jure
             Saxonico
          
           ,
           be
           Arrested
           and
           taken
           .
        
         
           In
           Poland
           ,
           
           he
           that
           will
           not
           or
           cannot
           give
           Bayl
           to
           answer
           the
           Action
           ,
           is
           arrested
           .
        
         
           In
           Russia
           when
           any
           of
           the
           officers
           of
           the
           Courts
           of
           justice
           ,
           
           do
           come
           to
           a
           Defendant
           ,
           if
           he
           give
           not
           Bayl
           ,
           
           he
           is
           to
           be
           detained
           in
           Custody
           .
        
         
           In
           Geneva
           upon
           a
           return
           or
           Certificate
           ,
           that
           the
           Defendant
           hath
           nothing
           ,
           he
           is
           arrested
           .
        
         
           The
           like
           course
           of
           Arrest
           and
           compelling
           of
           men
           to
           appear
           in
           Judgment
           ,
           
           is
           and
           hath
           been
           long
           ago
           practised
           in
           the
           Kingdomes
           of
           
             France
             Spain
             ,
             Hungary
             ,
             Scotland
             ,
          
           and
           in
           the
           Dukedom
           of
           Savoy
           ,
           
           and
           many
           other
           Places
           ,
           who
           do
           think
           that
           they
           have
           a
           great
           deal
           of
           Liberty
           ,
           as
           the
           Common-wealths
           of
           
             Venice
             ,
             Holland
          
           ,
           and
           the
           united
           Provinces
           ,
           the
           Hanse
           Towns
           ,
           Switzerland
           and
           Genoa
           ,
           &c.
           
        
         
           And
           in
           New
           England
           ,
           
           whether
           the
           ignorant
           and
           mistaken
           consciences
           of
           many
           ,
           having
           carried
           
           diverse
           of
           our
           People
           where
           they
           would
           ,
           make
           their
           own
           Laws
           ,
           and
           be
           independent
           of
           the
           government
           of
           this
           Kingdom
           from
           whence
           they
           came
           they
           do
           notwithstanding
           .
        
         
           Not
           want
           it
           ,
           
           where
           
             for
             the
             better
             expedition
             ,
             and
             execution
             of
             Justice
          
           (
           as
           the
           words
           of
           their
           Laws
           are
           ,
           )
           they
           do
           ordain
           that
           every
           Court
           of
           Justice
           ,
           shall
           have
           Ministers
           of
           Justice
           to
           attach
           and
           fetch
           ,
           and
           set
           Persons
           before
           the
           Magistrates
           .
           
        
         
           And
           is
           likewise
           in
           practice
           in
           some
           Nations
           that
           are
           more
           remote
           ,
           and
           have
           only
           the
           light
           of
           Nature
           ,
           
           and
           some
           information
           of
           Reason
           to
           direct
           them
           ,
           as
           namely
           in
           the
           Region
           of
           Mallabor
           ,
           where
           if
           the
           Debtor
           do
           break
           his
           Day
           with
           his
           Creditor
           ,
           
           and
           often
           disappointed
           him
           ,
           he
           went
           to
           the
           principal
           of
           the
           Bramenes
           ,
           of
           whom
           receiving
           a
           Rod
           ,
           he
           goeth
           to
           the
           Debtor
           ,
           and
           making
           a
           Circle
           about
           him
           ,
           chargeth
           him
           in
           the
           name
           of
           the
           King
           and
           the
           Bramene
           ,
           not
           to
           depart
           from
           thence
           until
           he
           hath
           satisfied
           the
           Debt
           ,
           and
           if
           he
           do
           not
           ,
           he
           must
           Starve
           in
           the
           place
           ,
           
           for
           if
           he
           Depart
           ,
           the
           King
           will
           cause
           him
           to
           be
           executed
           .
        
         
           And
           when
           that
           which
           hath
           been
           here
           so
           truly
           ▪
           and
           Irrefragably
           asserted
           ,
           will
           never
           deserve
           
           to
           be
           thought
           a
           Postulatum
           conclusion
           or
           principle
           begged
           ,
           but
           is
           
             de
             facto
             apud
             multos
             &
             de
             Jure
             apud
             omnes
             ,
          
           so
           done
           and
           practised
           ,
           by
           very
           many
           Nations
           ,
           and
           of
           right
           ought
           to
           be
           by
           all
           .
        
      
       
         
           CHAP.
           V.
           The
           Process
           of
           Arrest
           and
           Vtlary
           ,
           are
           a
           more
           gentle
           way
           of
           compelling
           Men
           to
           pay
           their
           Debts
           ,
           or
           to
           appear
           in
           Courts
           of
           Justice
           then
           that
           which
           was
           formerly
           used
           .
        
         
           EVery
           man
           that
           would
           entitle
           himself
           to
           any
           reason
           ,
           or
           not
           wilfully
           divorce
           or
           separate
           himself
           from
           the
           company
           thereof
           ,
           and
           shut
           out
           that
           light
           which
           the
           wisdom
           and
           practice
           of
           former
           Ages
           have
           tendred
           unto
           him
           ,
           may
           give
           way
           to
           so
           many
           cogent
           Arguments
           and
           acknowledge
           ,
           the
           course
           and
           way
           of
           our
           process
           of
           Arrest
           and
           Utlaries
           ,
           to
           be
           a
           more
           gentle
           way
           of
           proceeding
           ,
           in
           the
           doing
           and
           Execution
           of
           Justice
           ,
           
           then
           that
           of
           the
           
             forty
             stripes
          
           ,
           which
           in
           the
           most
           righteous
           Laws
           of
           God
           were
           in
           
           cases
           of
           controversie
           betwixt
           men
           ,
           ordered
           in
           none
           of
           the
           greatest
           sort
           of
           offences
           ,
           to
           be
           given
           to
           him
           who
           was
           condemned
           by
           the
           Judges
           ,
           
           then
           the
           taking
           away
           of
           the
           two
           Sons
           of
           the
           Widdow
           ,
           of
           one
           of
           the
           Sons
           of
           the
           Prophets
           by
           a
           Creditor
           ,
           
           to
           be
           Bondmen
           for
           their
           Fathers
           Debt
           ,
           the
           selling
           of
           a
           Debtor
           and
           his
           Wife
           and
           Children
           ,
           and
           all
           that
           he
           had
           by
           the
           Creditor
           in
           use
           amongst
           the
           Jews
           ;
           or
           taking
           them
           by
           the
           Throat
           ,
           saying
           ,
           Pay
           me
           what
           thou
           owest
           ,
           and
           Haling
           him
           to
           the
           Judge
           ,
           who
           cast
           him
           into
           Prison
           ,
           mentioned
           by
           our
           Saviour
           Christ
           ;
           
           the
           cutting
           of
           Insolvent
           Debtors
           in
           pieces
           ,
           after
           a
           Sentence
           and
           small
           limitation
           of
           time
           ;
           and
           giving
           every
           Creditor
           a
           piece
           learnt
           by
           the
           Romans
           ,
           from
           the
           Athenian
           and
           Grecian
           Laws
           ,
           but
           never
           put
           in
           practice
           for
           the
           cruelty
           thereof
           ;
           the
           Nexus
           and
           taking
           of
           Debtors
           prisoners
           by
           the
           Creditors
           own
           authority
           (
           until
           they
           had
           by
           some
           good
           Laws
           been
           taught
           a
           less
           fierce
           ,
           
           and
           cruel
           way
           of
           recovering
           their
           Debts
           )
           and
           keeping
           them
           bound
           in
           Chaines
           in
           their
           own
           houses
           ;
           
           the
           making
           the
           Children
           Slaves
           for
           their
           Fathers
           Debts
           ,
           by
           the
           People
           of
           Asia
           ,
           that
           large
           Quarter
           or
           fourth
           
           Part
           of
           the
           World
           ;
           and
           the
           like
           Customes
           used
           by
           the
           Athenians
           and
           Romans
           ,
           or
           the
           usage
           of
           the
           Longobards
           who
           ,
           
           if
           the
           Debt
           were
           not
           payed
           after
           the
           third
           time
           demanded
           ,
           did
           suffer
           the
           Creditor
           to
           pawn
           the
           Debtors
           Body
           ,
           or
           take
           by
           order
           of
           the
           King
           or
           Judge
           ,
           his
           Men
           or
           Maid-servants
           Prisoners
           ;
           or
           that
           of
           the
           Wisigothes
           ,
           
           the
           Spaniards
           Ancestors
           ,
           whose
           Laws
           ordained
           a
           
             penalty
             of
             three
             pounds
             of
             Gold
             to
             be
             payed
             by
             the
             Offendor
             ,
             or
             such
             as
             contemned
             the
             Kings
             Comma●d
             and
             Authority
             ,
             and
             if
             he
             were
             not
             able
             to
             pay
             it
             ,
             was
             to
             endure
             Quinquaginta
             Ictus
             Flagellorum
             ,
             Fifty
             lashes
             with
             a
             whip
          
           ;
           or
           of
           the
           Russians
           beating
           with
           Cudgels
           their
           Insolvent
           Debtors
           ,
           
           upon
           the
           Calves
           of
           their
           legs
           ,
           and
           bottoms
           of
           their
           feet
           ;
           or
           if
           the
           Debtor
           be
           poor
           ,
           set
           him
           under
           a
           Crucifix
           ,
           and
           cause
           the
           Plaintif
           to
           take
           his
           Oath
           over
           his
           head
           ,
           that
           his
           Debt
           is
           true
           ,
           which
           being
           done
           the
           Duke
           causeth
           the
           Defendant
           to
           be
           brought
           home
           to
           his
           house
           ,
           putteth
           him
           to
           labour
           ,
           or
           letteth
           him
           to
           hire
           until
           he
           be
           redeemed
           .
        
         
           Or
           of
           the
           Aegyptians
           in
           not
           permitting
           the
           bodies
           of
           the
           Debtors
           to
           be
           buried
           ,
           but
           to
           
           be
           left
           as
           a
           pawn
           to
           their
           Creditors
           ,
           
           
             Donec
             Haeredes
             Aes
             alienum
             integrè
             solverent
             ,
          
           Until
           their
           Heirs
           or
           Executors
           paid
           the
           Debt
           ,
           and
           was
           so
           imitated
           by
           the
           Athenians
           ,
           the
           wisest
           Nation
           of
           the
           learned
           Greece
           ,
           as
           the
           brave
           Cimon
           was
           constrained
           to
           yield
           himself
           a
           Prisoner
           in
           Chains
           ,
           as
           the
           manner
           then
           was
           ,
           to
           the
           end
           that
           his
           glorious
           Father
           Miltiades
           (
           who
           had
           deserved
           better
           of
           them
           )
           dying
           a
           Prisoner
           for
           a
           Debt
           owing
           to
           the
           Publicque
           ,
           might
           be
           buried
           ;
           And
           by
           the
           Gothes
           ,
           and
           some
           other
           Nations
           under
           their
           large
           Dominions
           ,
           until
           by
           a
           Constitution
           of
           Theodorico
           ,
           
           King
           of
           the
           Gothes
           ,
           and
           some
           other
           Princes
           ,
           
             Tanquam
             inhumanum
             &
             erudelitati
             proximum
          
           ;
           It
           was
           prohibited
           under
           severe
           penalties
           (
           which
           in
           these
           times
           used
           to
           be
           more
           then
           threatned
           )
           as
           Inhumane
           and
           too
           near
           bordering
           upon
           cruelty
           ,
           and
           is
           notwithstanding
           yet
           at
           this
           day
           used
           in
           some
           parts
           of
           the
           Lower
           
             Germany
             ▪
          
           
           as
           
             Holstein
             ,
             Brunswich
          
           ,
           and
           Holland
           (
           that
           great
           Monopoly
           as
           they
           think
           of
           Liberty
           ,
           when
           they
           do
           but
           dream
           of
           it
           )
           for
           Debts
           or
           Money
           owing
           to
           private
           Persons
           .
        
         
           Or
           not
           so
           rigid
           or
           uncompassionate
           ,
           as
           
           the
           way
           of
           prosecution
           for
           Debts
           is
           ,
           in
           the
           vast
           Empire
           of
           the
           Great
           Mogul
           ,
           where
           if
           the
           Debtor
           do
           not
           pay
           his
           Creditor
           ,
           according
           to
           the
           time
           limited
           by
           the
           Judge
           ,
           he
           is
           severely
           whipped
           ,
           and
           his
           Wife
           and
           Children
           sold
           for
           Slaves
           by
           the
           Creditor
           ;
           or
           the
           Merciles
           manner
           of
           poinding
           Horning
           ,
           or
           Outlary
           ,
           
           and
           Caption
           for
           Debts
           ,
           upon
           short
           and
           almost
           impossible
           prefixions
           used
           in
           Scotland
           .
        
         
           When
           our
           Writs
           of
           Pone
           or
           Attachment
           ,
           by
           the
           favor
           and
           unwillingness
           of
           Sheriffs
           ,
           to
           execute
           the
           extremities
           and
           rigour
           of
           Writs
           ,
           and
           Proces
           of
           Law
           ,
           or
           their
           kindness
           procured
           by
           some
           other
           perswasions
           of
           rewards
           or
           power
           ;
           were
           in
           the
           moderation
           of
           our
           Laws
           ,
           and
           Courts
           of
           Justice
           ;
           which
           Canutus
           by
           his
           Laws
           desired
           to
           be
           
             ad
             Divinam
             Clementiam
             temperata
          
           ,
           
           not
           so
           exactly
           executed
           ,
           or
           the
           Defendant
           enforced
           to
           put
           in
           real
           Pledges
           and
           Security
           ,
           as
           formerly
           .
        
         
           And
           the
           Distringasses
           have
           only
           small
           ,
           or
           little
           issues
           returned
           upon
           them
           ,
           nothing
           near
           amounting
           to
           the
           Rents
           and
           Proffits
           of
           the
           Lands
           ,
           Goods
           ,
           and
           Chattels
           of
           the
           Partie
           prosecuted
           ,
           betwixt
           the
           teste
           and
           return
           of
           the
           Writ
           .
        
         
         
           And
           the
           Writs
           of
           Capias
           ,
           when
           made
           out
           are
           very
           often
           easily
           satisfied
           by
           an
           Attorneys
           undertaking
           ,
           to
           appear
           to
           the
           Action
           ,
           or
           if
           Bond
           be
           given
           to
           the
           Sheriffs
           by
           two
           Sureties
           ,
           for
           the
           Defendants
           appearance
           ,
           are
           not
           one
           in
           many
           hundreds
           enforced
           to
           give
           special
           Bail
           afterwards
           ;
           and
           if
           the
           demand
           in
           the
           Writ
           specified
           ,
           be
           under
           20.
           pounds
           ,
           are
           by
           the
           Rules
           and
           Custom
           of
           the
           Court
           of
           Common
           Pleas
           not
           to
           be
           insisted
           upon
           ,
           or
           if
           above
           ,
           not
           at
           all
           in
           the
           Case
           of
           Defendants
           ,
           being
           Executors
           or
           Administrators
           ;
           and
           if
           the
           Defendant
           ,
           for
           want
           of
           Bail
           for
           his
           appearance
           ,
           do
           continue
           in
           Prison
           three
           terms
           ,
           and
           no
           
             habeas
             Corpus
          
           be
           brought
           ,
           or
           declaration
           given
           ,
           or
           further
           prosecution
           made
           ,
           he
           is
           to
           be
           delivered
           by
           a
           Writ
           of
           Supersedeas
           ,
           made
           of
           course
           upon
           the
           apparance
           to
           the
           action
           only
           ,
           without
           any
           special
           Bail
           put
           in
           before
           a
           Judge
           ,
           or
           Bond
           given
           to
           the
           Sheriff
           ;
           and
           where
           special
           Bail
           is
           very
           seldom
           given
           ,
           it
           is
           but
           that
           if
           Judgment
           be
           obtained
           against
           the
           Defendant
           ,
           he
           shall
           render
           his
           body
           to
           Prison
           ,
           or
           satisfie
           the
           condemnation
           .
        
         
           Our
           Writs
           of
           Arrest
           
             ad
             respondendum
          
           ,
           being
           
           
             ad
             Cautionem
             &
             custodiam
             non
             ad
             poenam
             ,
          
           but
           to
           enforce
           a
           gage
           or
           pledge
           ,
           or
           to
           detain
           ,
           or
           put
           a
           Debtor
           or
           Defendant
           into
           the
           Custody
           of
           the
           Law
           ,
           to
           the
           end
           he
           may
           give
           Bail
           
             Judicatum
             solvere
          
           ,
           to
           abide
           the
           Judgment
           of
           the
           Court
           ,
           or
           if
           no
           Bail
           be
           required
           to
           appear
           to
           the
           Action
           .
        
         
           And
           the
           Proces
           of
           Utlary
           ,
           
           which
           although
           they
           were
           not
           ordinarily
           used
           in
           Actions
           of
           debt
           ,
           
           before
           the
           making
           of
           the
           Statute
           of
           25
           E.
           3.
           
           was
           notwithstanding
           in
           cases
           of
           trespas
           for
           breach
           of
           the
           Peace
           ,
           and
           for
           Contumacy
           ,
           and
           Contempts
           in
           not
           appearing
           warranted
           ,
           
           by
           the
           Laws
           of
           King
           
             Edgar
             ,
             Canutus
             ,
             Edward
          
           the
           Confessor
           ,
           
           and
           the
           practise
           of
           our
           Saxon
           Ancestors
           borrowed
           ,
           and
           deduced
           from
           the
           Ancient
           Customs
           of
           other
           Nations
           ,
           is
           not
           now
           so
           dreadful
           as
           it
           was
           in
           former
           Ages
           ,
           when
           ,
           as
           Bracton
           ,
           and
           Stamford
           do
           agree
           ,
           the
           Partie
           outlawed
           did
           forfeit
           
             Patriam
             ,
             Amicos
             ,
             &
             omnia
             terras
             &
             tenementa
             bona
             &
             Catalla
             sua
             ,
          
           all
           that
           he
           could
           entitle
           himself
           unto
           ,
           was
           out
           of
           the
           protection
           of
           the
           King
           and
           his
           Laws
           ,
           and
           could
           not
           bring
           any
           action
           ,
           until
           he
           had
           rendered
           himself
           to
           Prison
           ,
           obtained
           his
           Charter
           
           of
           Pardon
           ,
           brought
           his
           Writ
           of
           Error
           ,
           and
           given
           Bail
           to
           answer
           the
           Action
           ;
           but
           may
           now
           without
           Bail
           ,
           unless
           specially
           required
           ,
           be
           admitted
           to
           reverse
           the
           Utlary
           before
           Judgment
           ,
           upon
           defect
           of
           Proclamation
           only
           ,
           or
           some
           small
           Error
           without
           a
           Writ
           of
           Error
           ,
           or
           the
           Record
           certified
           into
           the
           Court
           of
           Kings
           Bench
           ,
           or
           Errors
           assigned
           ,
           with
           other
           the
           many
           troubles
           and
           charges
           which
           that
           way
           produced
           .
        
         
           The
           Plaintifs
           for
           fear
           of
           obstructing
           ,
           or
           narrowing
           the
           wayes
           of
           Justice
           ,
           are
           not
           put
           as
           they
           were
           anciently
           to
           find
           real
           Sureties
           ,
           to
           prosecute
           and
           make
           good
           their
           actions
           ,
           or
           to
           pay
           a
           Fine
           to
           the
           King
           ,
           if
           they
           do
           not
           as
           our
           Laws
           do
           intend
           they
           should
           ,
           or
           to
           make
           Oath
           of
           their
           debts
           ,
           or
           
             de
             non
             calumniando
          
           ,
           that
           the
           Action
           is
           not
           prosecuted
           in
           malice
           ,
           or
           upon
           sinister
           ends
           as
           the
           Civil
           Law
           enjoyned
           .
        
         
           And
           the
           Statute
           of
           Westminster
           ,
           
           the
           second
           doth
           in
           Writs
           of
           Execution
           ,
           against
           the
           Goods
           and
           Chattels
           of
           a
           Defendant
           ,
           except
           
             Boves
             &
             Affros
             de
             Caruca
             sua
             ,
          
           Oxen
           and
           Horses
           of
           Husbandry
           ,
           and
           the
           Writ
           imports
           as
           much
           in
           the
           tenor
           of
           it
           ,
           the
           Judges
           
           do
           without
           any
           Inquisition
           or
           proof
           ,
           that
           there
           were
           not
           other
           goods
           sufficient
           to
           satisfie
           the
           Execution
           ,
           permit
           for
           the
           Creditors
           more
           speedy
           attaining
           to
           his
           satisfaction
           ,
           all
           the
           goods
           to
           be
           taken
           in
           Execution
           ,
           which
           in
           more
           Ancient
           times
           was
           so
           unusual
           ,
           as
           a
           Defendant
           hath
           brought
           his
           Action
           against
           the
           Sheriff
           ▪
           and
           the
           Plaintif
           for
           taking
           them
           in
           Execution
           ,
           when
           there
           was
           other
           personal
           Estate
           sufficient
           :
           And
           do
           also
           suffer
           the
           Plaintiff
           to
           prosecute
           the
           Sureties
           upon
           a
           Bond
           ,
           when
           the
           Principal
           hath
           not
           been
           sued
           ,
           and
           was
           sufficient
           to
           pay
           the
           Debt
           or
           dammage
           ,
           which
           by
           the
           former
           course
           ,
           and
           practise
           of
           the
           Law
           was
           not
           allowed
           .
        
         
           And
           our
           Writs
           of
           Exigent
           ,
           and
           Outlary
           were
           truly
           ,
           and
           properly
           only
           to
           be
           made
           use
           of
           ,
           where
           the
           Defendant
           refuseth
           to
           appear
           in
           contempt
           of
           a
           Court
           of
           Justice
           ,
           and
           the
           Proces
           thereof
           is
           fugitive
           ,
           or
           incertain
           where
           to
           be
           found
           ,
           taken
           ,
           or
           arrested
           ,
           hath
           no
           visible
           or
           certain
           Estate
           ,
           or
           lurketh
           in
           some
           Liberty
           (
           of
           which
           there
           are
           many
           in
           England
           and
           Wales
           ,
           where
           the
           Kings
           ordinary
           Writs
           ,
           and
           Proces
           do
           not
           run
           ,
           or
           have
           
           any
           power
           or
           force
           )
           and
           a
           
             Capias
             utlegatum
          
           carrieth
           with
           it
           ,
           in
           the
           same
           Writ
           a
           
             Non
             omittas
             propter
             aliquam
             libertatem
          
           ,
           and
           impowereth
           the
           Sheriff
           to
           enter
           into
           any
           Liberty
           ,
           and
           arrest
           the
           Defendant
           ,
           and
           by
           a
           special
           
             Capias
             utlegatum
          
           to
           seize
           ,
           and
           take
           at
           the
           same
           time
           all
           the
           Defendants
           Lands
           ,
           Goods
           ,
           Chattels
           ,
           and
           Estate
           into
           the
           Kings
           hands
           ,
           as
           forfeited
           for
           his
           Contempt
           ;
           and
           that
           seisure
           transferred
           into
           the
           Court
           of
           Exchequer
           ,
           bringeth
           the
           Plaintif
           an
           advantage
           ,
           to
           take
           a
           Lease
           of
           the
           King
           of
           the
           Lands
           so
           seised
           ,
           at
           a
           very
           low
           rent
           ,
           until
           the
           Defendant
           purge
           himself
           of
           the
           Contempt
           ,
           reverse
           the
           Outlary
           ,
           give
           Bail
           ,
           and
           appear
           unto
           the
           Action
           ;
           which
           being
           so
           consonant
           to
           the
           Outlawries
           Bannes
           ,
           and
           proscriptions
           of
           Germany
           ,
           and
           other
           Nations
           ,
           Kings
           ,
           and
           Princes
           in
           the
           like
           Cases
           ,
           to
           preserve
           their
           own
           Authority
           in
           that
           of
           their
           Courts
           of
           Justice
           ,
           and
           requiring
           some
           severity
           ,
           and
           a
           more
           then
           ordinary
           Proces
           hath
           been
           all
           the
           means
           ,
           which
           without
           force
           and
           violence
           ,
           and
           a
           greater
           disturbance
           of
           the
           People
           our
           Laws
           ,
           and
           a
           long
           Custom
           ,
           and
           usage
           of
           time
           have
           hitherto
           prescribed
           ,
           
           can
           contrive
           to
           bring
           unwilling
           Men
           to
           Judgment
           .
        
      
       
         
           CHAP.
           VI.
           The
           delayes
           ,
           and
           inconveniences
           of
           the
           Proces
           of
           Summons
           ,
           Pone
           ,
           and
           Distringas
           were
           a
           great
           ,
           if
           not
           the
           only
           cause
           of
           the
           disuse
           thereof
           .
        
         
           FOr
           the
           way
           and
           Course
           of
           
             Summons
             ,
             Pone
          
           ,
           and
           Distringas
           ,
           so
           much
           in
           use
           before
           that
           Statute
           of
           25
           E.
           3.
           was
           unto
           Plaintifs
           as
           full
           of
           delayes
           as
           they
           were
           of
           increase
           of
           Charges
           ,
           and
           trouble
           which
           a
           view
           of
           the
           old
           Records
           of
           the
           Court
           of
           Common-Pleas
           ,
           before
           the
           making
           of
           that
           Statute
           ,
           by
           the
           many
           Writs
           of
           Alias
           ,
           and
           
             Pluries
             Distringas
          
           with
           issues
           ,
           forfeited
           and
           returned
           upon
           them
           ,
           occasioning
           a
           great
           pro●it
           to
           the
           King
           ,
           and
           less
           to
           the
           Subjects
           ,
           and
           the
           many
           Writs
           of
           
             testatum
             Distringas
          
           made
           into
           other
           Countries
           ,
           where
           the
           Plaintifs
           averred
           that
           the
           Defendants
           had
           Lands
           ,
           and
           Estate
           suffi●ient
           ,
           and
           Writs
           of
           Averment
           
           and
           Enquiry
           ,
           made
           out
           upon
           too
           small
           issues
           returned
           ,
           directed
           unto
           the
           Justices
           of
           Assize
           ,
           to
           certifie
           if
           there
           might
           not
           be
           more
           issues
           returned
           ;
           and
           such
           a
           Writ
           of
           Enquiry
           to
           be
           executed
           in
           the
           Lent
           ,
           or
           Summer
           Vacations
           ,
           could
           not
           but
           cause
           a
           more
           long
           ,
           chargeable
           ,
           and
           troublesome
           delay
           ,
           to
           get
           better
           issues
           to
           be
           returned
           ,
           may
           help
           to
           attest
           the
           more
           necessary
           ,
           and
           better
           use
           of
           the
           Proces
           of
           Capias
           and
           Arrest
           and
           that
           Writs
           of
           Exigent
           and
           Outlawry
           ,
           will
           in
           the
           Cases
           aforesaid
           ,
           
             propter
             inevitabilem
             necessitatem
          
           be
           everlastingly
           necessary
           ;
           especially
           when
           in
           the
           same
           Parliament
           of
           25
           E
           ,
           3.
           wherein
           Proces
           of
           Outlawry
           in
           Actions
           of
           Debt
           were
           granted
           ,
           
           a
           great
           complaint
           was
           made
           ,
           that
           the
           Steward
           and
           Marshal
           of
           the
           Kings
           House
           ,
           or
           their
           Deputies
           did
           upon
           Actions
           attach
           ,
           and
           distrain
           men
           by
           ten
           Marks
           of
           their
           Goods
           one
           day
           ,
           and
           by
           as
           much
           the
           next
           day
           ,
           to
           their
           utter
           ruine
           and
           undoing
           .
        
         
           And
           the
           Goods
           and
           Chattels
           must
           be
           such
           as
           the
           Sheriff
           can
           be
           confident
           ,
           the
           Defendant
           hath
           a
           property
           in
           ,
           for
           otherwise
           he
           will
           require
           Bonds
           ,
           or
           Sureties
           of
           the
           Plaintif
           ,
           
           to
           be
           saved
           harmless
           ;
           and
           where
           the
           Estate
           doth
           lye
           only
           in
           Goods
           and
           Chattels
           within
           an
           House
           ,
           the
           Sheriff
           may
           in
           a
           Town
           or
           City
           ,
           where
           are
           many
           Inmates
           or
           Lodgers
           ,
           and
           three
           or
           four
           sometimes
           in
           an
           House
           together
           ,
           be
           not
           a
           little
           puzled
           ,
           to
           know
           into
           whose
           Room
           he
           shall
           enter
           ,
           or
           upon
           whose
           property
           he
           seizeth
           ,
           and
           his
           Serjeants
           or
           Bailifs
           may
           be
           afraid
           to
           enter
           and
           distrain
           ,
           for
           fear
           of
           Actions
           to
           be
           brought
           against
           them
           :
           And
           many
           of
           the
           Goods
           and
           Chattels
           ,
           may
           be
           such
           as
           the
           Law
           doth
           not
           allow
           to
           be
           distrained
           ;
           or
           if
           the
           Defendant
           hath
           Lands
           &
           a
           Distringas
           issueth
           out
           against
           him
           ,
           and
           hath
           no
           Stock
           or
           Cattle
           upon
           it
           ,
           or
           they
           shall
           be
           beforehand
           eloigned
           ,
           or
           driven
           away
           (
           as
           it
           may
           often
           happen
           )
           there
           will
           be
           little
           profit
           made
           of
           the
           Land
           ,
           betwixt
           the
           Teste
           and
           return
           of
           the
           Writ
           ,
           especially
           if
           it
           come
           to
           be
           executed
           in
           the
           Winter
           season
           ,
           or
           that
           much
           of
           it
           is
           in
           Lease
           :
           And
           then
           he
           must
           do
           as
           well
           as
           he
           may
           to
           get
           Tenants
           ,
           whereby
           to
           raise
           the
           profits
           ,
           or
           let
           it
           lye
           for
           Crows
           and
           Trespassers
           to
           raise
           it
           for
           him
           ,
           for
           Tenants
           (
           such
           as
           wish
           well
           to
           the
           Defendant
           ,
           or
           are
           depending
           
           upon
           him
           ,
           being
           not
           likely
           to
           be
           willing
           to
           take
           or
           Rent
           it
           at
           all
           )
           will
           be
           hardly
           got
           ;
           and
           those
           that
           do
           malice
           or
           maligne
           him
           ,
           will
           (
           if
           they
           may
           not
           have
           it
           at
           cheap
           Rates
           )
           be
           unwilling
           to
           adventure
           the
           hazard
           of
           actions
           of
           trespas
           ,
           or
           other
           inconveniences
           for
           a
           small
           term
           or
           time
           ,
           which
           can
           be
           no
           longer
           then
           until
           the
           Defendant
           shall
           appear
           ,
           or
           make
           his
           peace
           with
           the
           Plaintif
           ;
           or
           if
           the
           Plaintif
           should
           himself
           take
           a
           Lease
           of
           it
           ,
           for
           such
           a
           short
           term
           from
           the
           King
           ,
           if
           he
           may
           not
           have
           it
           at
           a
           very
           easie
           rate
           ,
           he
           will
           be
           as
           little
           a
           gainer
           as
           the
           Defendant
           by
           it
           ,
           and
           as
           far
           from
           the
           recovery
           of
           his
           Debt
           ,
           as
           those
           that
           had
           lately
           Writs
           of
           Distringas
           ,
           against
           the
           Company
           of
           the
           Vintners
           or
           Grocers
           ,
           in
           Actions
           of
           Debt
           for
           very
           great
           sums
           of
           Money
           ,
           whose
           Lands
           though
           it
           was
           well
           known
           they
           had
           a
           great
           proportion
           of
           them
           ,
           belonging
           to
           their
           several
           Companies
           ,
           were
           so
           invisible
           as
           the
           Sheriffs
           or
           the
           Bailifs
           of
           the
           County
           where
           they
           lay
           ,
           could
           not
           discover
           ,
           or
           would
           not
           tell
           where
           to
           find
           them
           .
        
         
           And
           if
           they
           did
           or
           could
           find
           any
           Lands
           ,
           would
           to
           avoid
           the
           trouble
           of
           an
           Actual
           Eecution
           of
           the
           Writs
           of
           Distringas
           ,
           whereupon
           
           they
           were
           allowed
           no
           pondage
           Fees
           ,
           return
           small
           or
           petit
           Issues
           ,
           and
           but
           such
           as
           they
           could
           easily
           answer
           ,
           take
           off
           ,
           or
           procure
           an
           Indempnity
           for
           ,
           to
           save
           themselves
           harmless
           .
        
         
           Or
           if
           a
           Tenant
           be
           himself
           in
           Debt
           ,
           and
           be
           distrained
           ,
           and
           his
           Stock
           taken
           away
           ,
           he
           is
           sure
           enough
           to
           be
           undone
           ,
           and
           his
           Landlord
           not
           a
           little
           prejudiced
           also
           by
           it
           ,
           when
           for
           want
           of
           Stock
           he
           cannot
           menage
           ,
           or
           hold
           his
           Farm
           any
           longer
           ,
           which
           the
           Statute
           of
           Westminster
           the
           2.
           made
           in
           the
           13th
           .
           Year
           of
           the
           Reign
           of
           King
           Edward
           the
           First
           ,
           did
           as
           well
           believe
           as
           foresee
           ,
           when
           it
           prohibited
           the
           taking
           in
           Execution
           the
           Cattle
           and
           Utensils
           of
           Husbandry
           ,
           now
           not
           at
           all
           as
           to
           that
           particular
           obeyed
           or
           observed
           .
        
         
           And
           the
           Writs
           and
           Proces
           of
           Distringas
           will
           be
           much
           more
           inconvenient
           ,
           and
           destructive
           to
           Trade
           and
           Trades-men
           ,
           when
           they
           become
           Creditors
           ,
           or
           shall
           be
           made
           Defendants
           ,
           and
           be
           distrained
           by
           Proces
           of
           Distringas
           for
           Debt
           ,
           or
           in
           any
           other
           personal
           Action
           ,
           for
           then
           such
           a
           Defendant
           may
           suddenly
           be
           ruined
           in
           his
           credit
           ,
           &
           not
           only
           himself
           ;
           but
           ten
           or
           20.
           of
           his
           Creditors
           suffer
           not
           
           a
           little
           by
           it
           :
           And
           it
           may
           be
           when
           all
           is
           done
           ,
           the
           Action
           may
           appear
           to
           be
           but
           upon
           some
           malicious
           pretence
           ,
           or
           upon
           Covenant
           ,
           or
           Action
           of
           the
           Case
           battery
           or
           trespas
           ,
           where
           in
           no
           adjudication
           of
           the
           value
           of
           the
           Action
           can
           be
           ,
           had
           before
           a
           Trial
           or
           Writ
           to
           enquire
           of
           dammages
           ,
           and
           one
           hundred
           Pounds
           worth
           of
           Goods
           may
           be
           taken
           or
           spoiled
           ,
           upon
           an
           Action
           of
           less
           then
           so
           many
           Shillings
           ,
           for
           the
           Sheriff
           to
           have
           enough
           will
           not
           fail
           to
           seize
           more
           if
           he
           can
           come
           at
           it
           ,
           then
           the
           Demand
           of
           the
           Writ
           or
           the
           Plaintifs
           suggestion
           amounts
           unto
           ,
           and
           the
           Defendants
           Estate
           will
           thereby
           become
           ruined
           and
           racked
           ,
           as
           far
           as
           the
           greedy
           ,
           unconscionable
           ,
           or
           knavish
           pretences
           of
           a
           Plaintif
           (
           for
           all
           are
           not
           likely
           to
           be
           conscionable
           or
           reasonable
           )
           shall
           carry
           him
           unto
           ,
           and
           after
           he
           shall
           be
           thus
           pulled
           in
           pieces
           ,
           or
           condemned
           and
           executed
           before
           he
           be
           heard
           or
           come
           to
           his
           Trial
           ,
           or
           can
           well
           know
           what
           it
           is
           for
           ,
           will
           be
           left
           afterwards
           to
           make
           himself
           up
           as
           well
           as
           he
           can
           (
           which
           to
           a
           Trades-man
           was
           never
           easie
           )
           and
           seek
           his
           revenge
           or
           remedy
           ,
           by
           as
           many
           suits
           in
           Law
           or
           equity
           ,
           as
           
           himself
           ,
           or
           his
           Friends
           ,
           or
           necessities
           shall
           put
           him
           upon
           .
        
         
           And
           when
           he
           hath
           appeared
           to
           the
           Action
           ,
           after
           he
           hath
           been
           undone
           a
           great
           deal
           more
           then
           the
           Action
           comes
           to
           ,
           cannot
           easily
           restore
           ,
           or
           so
           make
           himself
           up
           again
           ,
           as
           to
           be
           in
           the
           same
           plight
           ,
           or
           condition
           of
           Credit
           which
           he
           was
           in
           before
           .
        
         
           And
           it
           is
           not
           also
           unusual
           to
           some
           Tradesmen
           ,
           when
           they
           find
           themselves
           sinking
           ,
           or
           to
           be
           in
           any
           desperate
           condition
           ,
           or
           likelyhood
           of
           breaking
           ,
           to
           endeavour
           more
           then
           they
           should
           ,
           to
           be
           most
           commonly
           before-hand
           with
           their
           Creditors
           ,
           make
           away
           their
           Goods
           and
           Wares
           ,
           lodge
           them
           in
           other
           Mens
           hands
           ,
           cover
           them
           under
           some
           secret
           ,
           and
           never
           to
           be
           discovered
           trusts
           ,
           and
           putting
           as
           much
           Money
           as
           they
           can
           into
           their
           Purses
           ,
           retire
           themselves
           into
           some
           Place
           incognito
           ,
           shut
           up
           their
           Shops
           ,
           and
           leave
           little
           or
           nothing
           therein
           ,
           and
           assoon
           as
           they
           can
           make
           it
           their
           business
           to
           compound
           ,
           and
           give
           their
           Creditors
           for
           very
           great
           Sums
           of
           Money
           owing
           to
           them
           ,
           no
           better
           a
           satisfaction
           then
           three
           or
           four
           Shillings
           in
           the
           Pound
           ,
           and
           keep
           the
           overplus
           for
           their
           labours
           ;
           and
           a
           setting
           up
           
           again
           ,
           which
           they
           could
           not
           so
           unawares
           or
           advantageously
           ,
           to
           their
           evil
           ends
           ,
           have
           done
           or
           contrived
           ,
           if
           they
           had
           been
           arrested
           .
        
         
           All
           which
           or
           many
           more
           mischiefs
           ,
           and
           inconveniences
           happening
           to
           that
           kind
           of
           Dilatory
           Proces
           ,
           may
           appear
           to
           be
           no
           over
           nicely
           guessed
           or
           strained
           consequences
           ,
           if
           if
           shall
           be
           but
           considered
           what
           an
           abundance
           of
           hideous
           ,
           and
           remediles
           mischiefs
           ,
           and
           inconveniences
           ,
           would
           every
           day
           ,
           and
           long
           ago
           have
           happened
           to
           Shop-keepers
           ,
           and
           Men
           of
           Trade
           ,
           and
           Credit
           in
           the
           City
           of
           London
           ,
           and
           the
           Suburbs
           thereof
           ,
           if
           the
           Proces
           issuing
           out
           of
           the
           Courts
           of
           
             Common
             Pleas
          
           ,
           and
           
             Kings
             Bench
          
           ,
           and
           the
           Courts
           of
           the
           City
           of
           London
           ,
           against
           them
           had
           been
           not
           to
           Arrest
           Defendants
           ,
           but
           to
           distrain
           ,
           and
           seek
           after
           their
           Goods
           and
           Wares
           ,
           when
           the
           property
           of
           the
           Defendants
           Wares
           and
           Goods
           may
           be
           so
           concealed
           ,
           or
           disguised
           by
           Bills
           of
           Sale
           ,
           fraudulent
           deeds
           or
           contrivances
           ,
           (
           the
           Wares
           in
           a
           Trades-man
           Shop
           being
           many
           times
           other
           Mens
           ,
           who
           upon
           some
           allowance
           of
           share
           ,
           have
           employed
           or
           trusted
           them
           to
           Trade
           withal
           )
           as
           there
           would
           be
           a
           necessity
           of
           Suites
           in
           Chancery
           ,
           to
           discover
           the
           right
           Owners
           .
        
         
         
           Many
           or
           some
           of
           which
           inconveniences
           ,
           being
           before
           the
           making
           of
           that
           Act
           of
           Parliament
           of
           25
           of
           E
           3.
           experimented
           ,
           or
           well
           understood
           ,
           or
           foreseen
           ,
           might
           cause
           our
           Forefathers
           to
           forsake
           ,
           and
           disuse
           the
           former
           way
           of
           
             Summons
             ,
             Pone
          
           ,
           and
           Distringas
           ,
           and
           betake
           themselves
           to
           the
           more
           useful
           ,
           and
           expedite
           way
           of
           Proces
           of
           Arrest
           or
           Outlary
           ,
           which
           hath
           been
           since
           evidenced
           ,
           to
           be
           much
           more
           accommodate
           to
           Trade
           ,
           and
           the
           good
           and
           benefit
           in
           general
           of
           the
           Nation
           .
        
         
           And
           was
           not
           denyed
           to
           be
           truth
           ,
           and
           reason
           by
           Mr.
           
             Charles
             George
             Cock
          
           ,
           who
           being
           something
           of
           a
           Common
           Lawyer
           ,
           but
           nothing
           at
           all
           of
           a
           Civil
           ,
           and
           advanced
           in
           the
           times
           of
           Usurpation
           ,
           to
           be
           one
           of
           the
           Judges
           ,
           in
           the
           then
           so
           called
           Court
           ,
           for
           probate
           of
           Wills
           ,
           and
           granting
           Administrations
           ,
           could
           in
           his
           Book
           printed
           in
           the
           year
           1651
           ,
           entituled
           the
           
             Houshold
             of
             God
             upon
             Earth
          
           ,
           or
           an
           
             Essay
             of
             Christian
             Government
          
           ,
           dedicated
           to
           the
           Family
           of
           God
           over
           the
           whole
           Earth
           ,
           but
           more
           especially
           to
           them
           of
           the
           Houshold
           of
           Faith
           ,
           in
           the
           Common-wealth
           of
           England
           ,
           after
           a
           Rhapsody
           
           of
           Whymsical
           Propositions
           for
           Reformation
           ,
           and
           Invectives
           with
           ill
           will
           enough
           ,
           against
           the
           proceedings
           in
           the
           Courts
           of
           Justice
           ,
           Arrests
           ,
           and
           Outlaries
           ,
           delivered
           his
           opinion
           ,
           concerning
           the
           Writs
           of
           Capias
           and
           Arrest
           ,
           
           in
           these
           words
           :
           
             That
             anciently
             first
             Goods
             ,
             then
             Lands
             ,
             then
             liberty
             was
             to
             be
             seised
             for
             Debts
             ,
          
           &c.
           
           
             Vpon
             a
             just
             and
             proportionate
             rule
             ,
             necessity
             found
             wayes
             to
             evade
             ,
             Quaere
             the
             Goods
             ,
             and
             they
             were
             others
             ;
             Quaere
             the
             Lands
             ,
             and
             they
             were
             aliened
             ;
             and
             to
             run
             through
             the
             difficulties
             of
             all
             those
             Trials
             ,
             the
             burden
             was
             found
             too
             great
             ,
             and
             therefore
             the
             Law
             of
             Imprisonment
             at
             first
             by
             Arrest
             was
             brought
             in
             .
          
        
      
       
         
         
           CHAP.
           VII
           .
           The
           Writs
           ,
           and
           Proces
           of
           Arrest
           ,
           and
           Outlary
           have
           increased
           ,
           preserved
           ,
           and
           encouraged
           Trade
           ,
           better
           secured
           the
           Creditors
           Debts
           ,
           and
           made
           the
           borrowing
           of
           Money
           more
           easie
           then
           it
           was
           before
           .
        
         
           ANd
           therefore
           the
           Proces
           ,
           and
           Writs
           of
           Capias
           ,
           Arrest
           ,
           and
           Exigent
           ,
           the
           latter
           not
           being
           able
           to
           subsist
           without
           the
           former
           ,
           having
           been
           both
           of
           them
           ,
           in
           their
           several
           kinds
           ,
           so
           very
           beneficial
           and
           avantagious
           to
           the
           Lawful
           increase
           of
           Trade
           ,
           now
           almost
           every
           mans
           desire
           and
           concernment
           ,
           and
           in
           that
           and
           all
           other
           matters
           ,
           as
           well
           concerning
           Debtors
           as
           Creditors
           ,
           should
           not
           be
           turned
           away
           when
           they
           have
           so
           long
           ,
           and
           faithfully
           officiated
           in
           our
           
             Gates
             of
             Justice
          
           ,
           and
           assisted
           in
           the
           Execution
           thereof
           ;
           and
           although
           they
           are
           now
           Gray
           ,
           and
           hoary-headed
           ,
           and
           full
           of
           years
           ,
           are
           not
           grown
           Impotent
           or
           feeble
           ,
           but
           having
           a
           perpetual
           youth
           ,
           and
           spring
           attending
           upon
           their
           endeavours
           ,
           
           have
           made
           the
           borrowing
           of
           Money
           more
           easie
           ,
           and
           the
           Creditors
           better
           secured
           then
           they
           were
           before
           ,
           the
           making
           of
           that
           Statute
           of
           25
           E.
           3.
           and
           the
           more
           general
           use
           of
           arresting
           of
           the
           Body
           ,
           or
           relying
           upon
           it
           ,
           as
           the
           better
           security
           ;
           and
           not
           only
           in
           the
           reason
           ,
           but
           the
           long
           experimented
           good
           effects
           and
           use
           thereof
           ,
           made
           good
           ,
           and
           verified
           the
           design
           ,
           and
           expectation
           of
           the
           Act
           of
           Parliament
           ,
           for
           the
           increase
           and
           continuance
           of
           Trade
           ,
           made
           by
           King
           Edward
           the
           1.
           at
           
             Acton
             Burnel
          
           ,
           
           in
           the
           13th
           .
           year
           of
           his
           Reign
           ,
           which
           to
           prevent
           
             the
             loss
             of
             Forreign
             Merchants
             Debts
             ,
             which
             did
             greatly
             impoverish
             them
             ,
             and
             caused
             them
             to
             withdraw
             themselves
             ,
             for
             want
             of
             a
             speedy
             way
             of
             recovering
             their
             Debts
             ,
          
           did
           ordain
           the
           taking
           of
           Recognizances
           ,
           before
           the
           Major
           of
           the
           Staple
           ,
           for
           the
           security
           of
           their
           Debts
           ,
           and
           that
           upon
           failer
           of
           payment
           ,
           if
           a
           Writ
           of
           Execution
           had
           been
           sued
           forth
           ,
           
             and
             the
             moveab●es
             ,
             and
             personal
             Estate
             should
             not
             be
             sufficient
             to
             satisfie
             the
             Debt
             ,
             the
             Debtors
             body
             should
             be
             taken
             ,
             put
             ,
             and
             kept
             in
             Prison
             until
             he
             had
             made
             agreement
             ,
             or
             his
             Friends
             for
             him
             .
          
        
         
         
           And
           time
           and
           experience
           have
           in
           the
           change
           ,
           and
           vicissitude
           of
           the
           Manners
           ,
           Customs
           ,
           and
           affairs
           of
           the
           Nation
           ,
           and
           the
           inundations
           of
           necessities
           upon
           the
           lower
           ,
           and
           poorer
           ranks
           of
           the
           People
           ,
           brought
           them
           to
           a
           very
           great
           Assurance
           .
        
      
       
         
           CHAP.
           VIII
           .
           The
           pawn
           ,
           and
           engagement
           of
           the
           Body
           ,
           is
           most
           commonly
           a
           better
           security
           then
           Lands
           ,
           or
           personal
           Estate
           ,
           upon
           which
           the
           borrowing
           of
           Money
           was
           not
           only
           very
           troublesom
           ,
           but
           difficult
           .
        
         
           THat
           the
           pawn
           of
           the
           Body
           ,
           and
           liberty
           of
           a
           Debtor
           being
           so
           dear
           and
           precious
           ,
           to
           which
           the
           real
           and
           personal
           Estate
           ,
           if
           they
           have
           any
           ,
           or
           shall
           have
           any
           ,
           being
           as
           it
           were
           annexed
           and
           concomitant
           ,
           are
           most
           commonly
           the
           
             Essentialia
             consecutiva
          
           ,
           and
           the
           
             Collaterales
             sequelae
             &
             appendices
          
           ,
           to
           the
           Person
           of
           the
           Debtor
           ;
           and
           as
           to
           what
           is
           in
           his
           immediate
           possession
           ,
           or
           are
           other
           wayes
           in
           his
           dispose
           or
           power
           ,
           
           are
           as
           incorporate
           and
           consocate
           with
           it
           ,
           as
           the
           Contenta
           are
           in
           ,
           or
           with
           the
           Continens
           ;
           (
           the
           Goods
           and
           Chattels
           being
           ,
           as
           it
           were
           
             ipsa
             vita
             hominis
             &
             tanquam
             alter
             sanguis
             ,
          
           as
           the
           life
           and
           life
           blood
           ,
           )
           
           was
           the
           
             Instar
             omnium
          
           ,
           the
           most
           easie
           ,
           most
           certain
           convenient
           ,
           and
           obligatory
           kind
           of
           security
           .
        
         
           And
           must
           needs
           be
           so
           ,
           when
           the
           taking
           of
           Pledges
           or
           Pawns
           had
           such
           a
           restraint
           laid
           upon
           it
           ,
           by
           Gods
           own
           most
           righteous
           Laws
           ,
           given
           to
           his
           chosen
           People
           of
           Israel
           :
           
           
             Not
             to
             keep
             the
             poor
             mans
             Rayment
             or
             Covering
             ,
             after
             the
             Sun
             was
             gone
             down
             ,
          
           
           
             for
             that
             it
             was
             to
             be
             his
             covering
             .
          
           And
           he
           that
           was
           to
           take
           it
           ,
           was
           not
           to
           go
           
             into
             his
             house
             to
             fetch
             it
             ,
             but
             stand
             abroad
             ,
             and
             the
             man
             was
             to
             bring
             the
             pledge
             unto
             him
             .
          
        
         
           And
           by
           the
           necessity
           of
           the
           making
           of
           several
           Laws
           ,
           by
           diverse
           Kings
           and
           Princes
           in
           other
           Nations
           ,
           did
           appear
           to
           have
           been
           very
           troublesom
           ,
           and
           inconvenient
           both
           to
           the
           Borrowers
           and
           Lenders
           ,
           when
           Horses
           ,
           Oxen
           ,
           Swine
           ,
           Sheep
           ,
           Men
           Servants
           ,
           Maid
           Servants
           ,
           and
           Children
           ,
           were
           either
           voluntarily
           given
           as
           Pledges
           by
           the
           Borrower
           ,
           or
           violently
           taken
           by
           the
           Lender
           ;
           and
           were
           the
           causes
           of
           
           making
           many
           a
           Law
           or
           Constitution
           ,
           
           for
           the
           taking
           away
           of
           grievances
           ,
           or
           abuses
           happening
           by
           it
           .
        
         
           
             As
             when
             a
             Man
          
           gave
           an
           Horse
           ,
           or
           a
           Servant
           for
           a
           pledge
           ,
           
           he
           was
           to
           pay
           any
           dammage
           which
           it
           did
           in
           that
           time
           ;
           if
           Gold
           ,
           Silver
           ,
           or
           any
           other
           Ornaments
           were
           pledged
           ,
           and
           happened
           to
           be
           burnt
           ,
           
           the
           Creditor
           was
           to
           purge
           himself
           by
           his
           Oath
           ,
           that
           he
           was
           no
           cause
           of
           the
           dammage
           ;
           If
           a
           Pledge
           was
           given
           ,
           and
           a
           Surety
           with
           it
           upon
           the
           Debtors
           Oath
           ,
           and
           the
           Oaths
           of
           the
           Neighbourhood
           where
           he
           was
           born
           ,
           the
           Party
           pledging
           desiring
           to
           have
           it
           again
           ,
           was
           to
           allow
           the
           Creditor
           the
           curiosity
           of
           his
           choice
           ;
           of
           one
           ,
           two
           ,
           or
           three
           Sureties
           none
           were
           to
           take
           Pawns
           or
           Pledges
           ;
           
           without
           licence
           of
           the
           Judge
           ;
           and
           they
           which
           assigned
           it
           over
           unto
           others
           ,
           whereby
           to
           exact
           more
           then
           was
           due
           ,
           were
           to
           loose
           their
           Debts
           ;
           and
           if
           the
           Creditor
           did
           take
           more
           then
           was
           pledged
           ,
           he
           was
           to
           pay
           four
           times
           the
           value
           ,
           if
           he
           were
           sued
           for
           it
           within
           a
           year
           ;
           If
           a
           Creditor
           took
           it
           against
           the
           Law
           ,
           
           and
           a
           Man
           taken
           in
           pledge
           were
           killed
           ,
           or
           any
           other
           dammage
           were
           done
           ,
           the
           Creditor
           ,
           and
           not
           the
           Owner
           of
           the
           Pledge
           ,
           
           was
           to
           pay
           it
           :
           If
           any
           Man
           took
           a
           Free-man
           as
           a
           Pledge
           by
           force
           ,
           and
           shut
           him
           up
           as
           a
           Prisoner
           ,
           
           he
           was
           to
           pay
           forty
           Shillings
           penalty
           ;
           If
           the
           time
           for
           the
           Pawn
           was
           expired
           ,
           and
           it
           was
           not
           within
           that
           time
           redeemed
           ,
           he
           was
           to
           bring
           it
           before
           the
           Judge
           ,
           whereupon
           an
           Apprisement
           made
           by
           three
           honest
           Men
           ,
           
           he
           was
           to
           be
           licensed
           to
           sell
           it
           ,
           restoring
           to
           the
           Owner
           the
           over-plus
           .
           If
           Men
           or
           Maids
           were
           taken
           in
           pledge
           ,
           and
           being
           kept
           in
           the
           Custody
           of
           the
           Creditor
           ,
           had
           stolen
           any
           thing
           ,
           he
           was
           to
           endure
           the
           dammage
           .
           If
           Oxen
           ,
           Horses
           ,
           Minuta
           Animalia
           ,
           
             or
             smaller
             Cattle
          
           ,
           Vestments
           ,
           Jewels
           ,
           and
           Vtensils
           of
           Husbandry
           ,
           remained
           as
           pawns
           with
           the
           Creditor
           ,
           by
           the
           space
           of
           twelve
           nights
           ;
           and
           they
           were
           not
           redeemed
           ,
           he
           might
           make
           use
           of
           them
           as
           his
           own
           :
           And
           if
           he
           that
           owed
           the
           Pawn
           or
           Pledge
           ;
           complained
           that
           they
           were
           misused
           ,
           he
           could
           have
           nothing
           but
           the
           Creditors
           Oath
           concerning
           it
           .
           If
           any
           did
           pawn
           a
           Man
           or
           Maid-servant
           ,
           of
           another
           Man
           's
           by
           a
           mistake
           ,
           he
           was
           to
           procure
           them
           to
           be
           released
           ;
           
           And
           if
           the
           Creditor
           was
           questioned
           for
           it
           by
           their
           Master
           ,
           he
           was
           to
           take
           his
           Oath
           that
           he
           thought
           the
           Debtor
           had
           pawned
           them
           .
           If
           any
           Debtor
           did
           against
           
           the
           Law
           ,
           
           give
           any
           Man
           in
           pawn
           or
           pledge
           without
           Licence
           ,
           he
           was
           to
           pay
           fourty
           Shillings
           penalty
           ;
           And
           if
           the
           Creditor
           took
           Hogs
           in
           pledge
           without
           order
           ,
           both
           he
           and
           the
           Driver
           were
           to
           undergo
           severe
           penalties
           .
        
         
           And
           the
           grievances
           and
           inconveniences
           ,
           did
           by
           pawning
           and
           pledging
           grow
           so
           high
           and
           burdensom
           ,
           
           as
           by
           Theodorico
           ,
           King
           of
           the
           Gothes
           and
           Italy
           ,
           the
           pawning
           of
           the
           Children
           by
           their
           Parents
           was
           forbidden
           .
           And
           Charles
           the
           Great
           ,
           or
           Charlemaine
           ,
           added
           to
           his
           Lombardy
           Laws
           concerning
           pledging
           ,
           that
           he
           
             Et
             ille
             cujus
             est
             causa
          
           ,
           the
           Emperor
           and
           the
           Creditor
           
             Would
             as
             they
             please
             shew
             mercy
          
           ;
           and
           ordained
           that
           
             No
             Judge
             should
             cause
             Men
             to
             pawn
             any
             thing
             contrary
             to
             Law
             ,
             especially
             their
             Oxen
             ,
             Quia
             audivimus
             mu●●a
             damna
             &
             afflictiones
             propter
             hoc
             Populum
             nostrum
             sustinuisse
             ,
          
           
           For
           that
           he
           understood
           ,
           that
           his
           People
           had
           lain
           under
           many
           losses
           and
           afflictions
           by
           it
           .
        
         
           And
           the
           borrowing
           of
           Money
           by
           Pawns
           ,
           and
           Pledges
           ,
           and
           securing
           of
           it
           ,
           tho●gh
           with
           less
           usury
           and
           Brocage
           then
           now
           ,
           was
           in
           the
           former
           Ages
           so
           very
           difficult
           ,
           and
           upon
           hard
           terms
           ,
           as
           upon
           the
           putting
           in
           a
           
           Fidejussor
           
             or
             Surety
             :
             For
             a
             Debt
             or
             Money
             amongst
             the
          
           Burgundians
           ,
           
           he
           That
           became
           the
           Surety
           ,
           carried
           home
           to
           his
           house
           the
           Debtor
           ,
           there
           to
           remain
           as
           his
           pledge
           for
           performance
           ;
           
           
             And
             where
             the
             Surety
             had
             not
             so
             secured
             himself
             ,
             he
             was
          
           Before
           Witnesses
           to
           have
           three
           times
           more
           than
           the
           Debt
           secured
           ,
           or
           gaged
           unto
           him
           ;
           And
           if
           the
           Debt
           were
           not
           paid
           within
           three
           Moneths
           ,
           was
           to
           retain
           it
           to
           his
           own
           use
           .
           
             And
             the
             Old
          
           Bavarians
           
             did
             use
          
           ,
           To
           take
           the
           Bodies
           of
           Men
           for
           Pledges
           or
           Security
           ,
           and
           shut
           them
           up
           as
           Prisoners
           in
           their
           houses
           .
        
         
           
             Nor
             was
             the
             borrowing
             of
             Money
             in
             the
             Kingdom
             of
          
           Pegu
           or
           Brama
           
             very
             pleasant
          
           ,
           
           
             where
             the
          
           Wife
           ,
           Children
           ,
           and
           Slaves
           of
           the
           Borrowers
           are
           bound
           to
           the
           Creditors
           ,
           who
           may
           carry
           them
           to
           their
           Houses
           ,
           and
           there
           shut
           them
           up
           or
           sell
           them
           .
        
         
           And
           was
           not
           with
           us
           in
           the
           times
           of
           greater
           Charity
           ,
           which
           was
           then
           believed
           to
           be
           a
           
             Scala
             Caelorum
          
           very
           meritorious
           ,
           and
           the
           most
           ready
           way
           to
           blessedness
           ,
           so
           easie
           as
           it
           is
           now
           ?
           when
           in
           the
           Reign
           of
           our
           King
           Henry
           the
           Second
           ,
           and
           long
           before
           ,
           and
           sometimes
           after
           ,
           the
           Lenders
           of
           Money
           ,
           
           if
           they
           were
           any
           thing
           suspicious
           of
           the
           return
           and
           payment
           thereof
           ,
           did
           not
           seldom
           take
           an
           Oath
           of
           the
           Borrower
           ,
           besides
           his
           Bond
           or
           Pledges
           ,
           which
           gave
           the
           Ecclesiastical
           Courts
           an
           occasion
           ,
           or
           pretence
           of
           taking
           cognisance
           of
           Debts
           ,
           and
           incroaching
           upon
           the
           Jurisdiction
           of
           the
           Kings
           Temporal
           Courts
           of
           Justice
           ;
           as
           may
           be
           seen
           in
           many
           Plea
           Rolls
           ,
           in
           our
           Kings
           Courts
           of
           Justice
           ,
           in
           the
           Reigns
           of
           King
           Henry
           the
           
             3d.
             Edward
          
           the
           1
           ,
           2d
           .
           and
           3d.
           where
           Prohibitions
           were
           sent
           into
           the
           Spiritual
           Courts
           ,
           by
           our
           Kings
           and
           their
           Temporal
           Courts
           of
           Justice
           ,
           and
           Actions
           were
           brought
           upon
           the
           disobeying
           of
           them
           by
           the
           Parties
           grieved
           ,
           as
           well
           against
           the
           Ecclesiastical
           Judges
           ,
           as
           the
           Parties
           therein
           prosecuting
           :
           
           
             Quare
             traxerunt
             eos
             in
             placitum
             in
             Curia
             Christianitatis
             ,
             in
             placito
             debiti
             contra
             prohibitionem
             Domini
             Regis
          
           ;
           And
           then
           there
           was
           no
           doubt
           ,
           but
           that
           a
           Sentence
           being
           given
           for
           the
           payment
           of
           the
           Debt
           ,
           an
           Excommunication
           was
           upon
           the
           non
           prrformance
           denounced
           ,
           and
           a
           Writ
           de
           
             Excommunicatum
             Capiendo
          
           often
           granted
           by
           the
           Secular
           Power
           ,
           to
           arrest
           ,
           and
           take
           the
           Body
           of
           the
           Defendant
           ;
           
           which
           kind
           of
           Writ
           and
           Proces
           was
           as
           early
           as
           the
           Constitutions
           or
           Parliament
           of
           Clarendon
           ,
           in
           the
           tenth
           year
           of
           the
           Reign
           of
           King
           Henry
           the
           Second
           .
        
         
           Insomuch
           as
           King
           Edward
           the
           First
           ,
           
           to
           preserve
           the
           Priviledge
           of
           his
           Menial
           Household
           Servants
           ,
           and
           prevent
           their
           Arrests
           ,
           and
           Imprisonments
           upon
           Excommunications
           ,
           held
           it
           necessary
           to
           make
           and
           issue
           out
           his
           Writ
           ,
           
             De
             promulgatoribus
             Sententiam
             Excommunicationis
             in
             Ministros
             Regis
             capiendis
             &
             imprisonandis
             ,
          
           to
           take
           and
           imprison
           such
           as
           excommunicated
           any
           of
           them
           .
        
      
       
         
         
           CHAP.
           IX
           .
           The
           difference
           betwixt
           borrowing
           of
           Money
           ,
           upon
           Lands
           and
           real
           Estate
           ,
           and
           the
           procuring
           of
           it
           upon
           personal
           security
           ,
           and
           that
           without
           trust
           and
           personal
           security
           Trade
           cannot
           well
           or
           at
           all
           subsist
           .
        
         
           ANd
           the
           difference
           betwixt
           the
           borrowing
           of
           Money
           upon
           Lands
           and
           real
           Estate
           ,
           and
           the
           procuring
           of
           it
           upon
           personal
           security
           ,
           may
           by
           the
           Borrowers
           sadly
           be
           evidenced
           .
        
         
           When
           ,
           security
           by
           Lands
           is
           now
           most
           commonly
           by
           way
           of
           Leafe
           and
           Release
           ,
           being
           a
           dark
           way
           of
           assurance
           ;
           and
           within
           the
           memory
           of
           man
           ,
           at
           first
           only
           purposely
           concontrived
           by
           Serjeant
           
             Francis
             Moore
          
           ,
           at
           the
           Request
           of
           the
           Lord
           Norris
           ,
           to
           the
           end
           that
           some
           of
           his
           Kindred
           or
           near
           Relations
           should
           not
           take
           notice
           by
           any
           search
           of
           publick
           Records
           ,
           what
           conveyance
           or
           setlement
           he
           should
           make
           of
           his
           Estate
           ;
           and
           by
           the
           sad
           experience
           of
           sometimes
           double
           or
           
           treble
           Mort-gages
           ,
           hath
           not
           appeared
           to
           have
           been
           so
           safe
           as
           the
           former
           ,
           which
           was
           more
           publick
           and
           of
           Record
           .
        
         
           And
           when
           for
           a
           Security
           of
           two
           thousand
           Pounds
           ,
           the
           Borrower
           must
           upon
           strange
           scrutinies
           ,
           and
           almost
           a
           
             Spanish
             Inquisition
          
           (
           the
           torture
           of
           the
           Body
           only
           excepted
           )
           have
           his
           Estate
           ,
           Evidences
           ,
           and
           Credit
           put
           upon
           the
           Rack
           ,
           and
           be
           bound
           with
           an
           abundance
           of
           over-jealous
           ,
           hard-hearted
           ,
           thorney
           Covenants
           ,
           and
           unmerciful
           provisoes
           ,
           and
           conditions
           too
           near
           of
           Kin
           to
           the
           Scottish
           moveable
           Bonds
           ,
           mort-gage
           Lands
           worth
           four
           or
           five
           thousand
           Pounds
           or
           more
           ,
           give
           his
           answer
           upon
           Oath
           to
           a
           Bill
           in
           Chancery
           ,
           what
           Judgments
           ,
           Statutes
           ,
           or
           Incumbrances
           are
           upon
           it
           ,
           and
           so
           embroil
           that
           and
           the
           residue
           of
           his
           Lands
           and
           Estate
           ,
           with
           Statutes
           ,
           Judgments
           ,
           and
           Recognizances
           of
           great
           penalties
           ,
           for
           the
           performance
           of
           those
           Covenants
           ,
           as
           he
           shall
           hardly
           be
           able
           to
           have
           any
           more
           Credit
           by
           it
           ,
           or
           Money
           lent
           upon
           it
           ;
           or
           if
           the
           Creditor
           ,
           who
           to
           be
           sure
           to
           keep
           him
           in
           the
           Chaines
           ,
           or
           thraldom
           of
           his
           power
           and
           threatning
           ,
           will
           seldom
           give
           him
           time
           for
           above
           one
           
           year
           or
           two
           ,
           for
           the
           repayment
           of
           the
           principal
           money
           and
           Interest
           ,
           under
           the
           severity
           of
           a
           forfeiture
           ,
           will
           ,
           if
           he
           be
           a
           Nabal
           ,
           more
           eagerly
           then
           he
           needs
           or
           should
           ,
           call
           for
           his
           Money
           ;
           upon
           a
           pretence
           of
           the
           Interest
           not
           being
           duly
           paid
           (
           of
           which
           the
           back
           wardness
           and
           delay
           of
           the
           Tenants
           may
           be
           many
           times
           the
           only
           cause
           )
           or
           of
           his
           want
           of
           the
           principal
           Money
           ,
           which
           upon
           a
           due
           Examination
           may
           appear
           to
           have
           more
           of
           a
           contrivance
           ,
           then
           truth
           in
           it
           ;
           or
           if
           that
           will
           not
           trouble
           or
           disturb
           the
           Debtor
           enough
           ,
           will
           do
           all
           that
           he
           can
           to
           affright
           him
           ,
           to
           quit
           his
           right
           in
           the
           Land
           ,
           and
           permit
           him
           to
           have
           a
           cheap
           bargain
           of
           it
           ,
           by
           suggesting
           some
           flaw
           and
           defect
           to
           be
           in
           the
           Title
           ;
           and
           tells
           him
           that
           otherwise
           he
           must
           call
           in
           his
           Money
           ,
           for
           he
           dares
           not
           continue
           it
           any
           longer
           upon
           so
           weak
           an
           assurance
           :
           And
           if
           he
           thus
           gets
           it
           at
           a
           lamentable
           cheap
           rate
           ,
           can
           notwithstanding
           assure
           himself
           he
           hath
           a
           very
           good
           title
           ,
           and
           such
           as
           needs
           no
           confirmation
           ;
           but
           if
           that
           will
           not
           do
           his
           business
           ,
           and
           accomplish
           his
           griping
           design
           will
           exhibit
           his
           Bill
           in
           Chancery
           against
           him
           ,
           to
           enforce
           him
           to
           pay
           the
           Money
           ,
           or
           loose
           his
           
           equity
           of
           Redemption
           ,
           whereupon
           a
           six
           Moneths
           ,
           or
           some
           not
           very
           long
           prefixion
           given
           unto
           him
           by
           the
           Lord
           Chancelor
           ,
           or
           Lord
           Keeper
           ,
           he
           must
           either
           upon
           that
           short
           warning
           sell
           the
           Land
           at
           low
           and
           unreasonable
           Rates
           ,
           and
           great
           disadvantages
           and
           loss
           to
           a
           Stranger
           ,
           or
           take
           what
           pittance
           or
           little
           Sum
           of
           Money
           the
           Mortgagee
           will
           find
           a
           conscience
           to
           give
           him
           ,
           upon
           a
           Release
           of
           his
           claim
           and
           interest
           in
           the
           Land
           ,
           which
           is
           twice
           and
           many
           times
           more
           worth
           then
           the
           Money
           lent
           ,
           upon
           some
           short
           prefixion
           or
           time
           of
           Redemption
           allowed
           ;
           And
           that
           affording
           him
           but
           som
           small
           parcel
           of
           relief
           ,
           and
           he
           being
           not
           also
           at
           that
           time
           able
           to
           procure
           a
           Redemption
           ,
           must
           lie
           down
           under
           his
           sorrow
           ,
           and
           let
           the
           Mortgagee
           enjoy
           the
           Land
           ,
           for
           scarce
           half
           the
           value
           .
        
         
           A
           due
           consideration
           whereof
           might
           either
           in
           equity
           or
           compassion
           become
           a
           Court
           of
           Equity
           ,
           in
           such
           a
           case
           to
           order
           the
           overplus
           of
           the
           just
           price
           or
           value
           of
           the
           Land
           ,
           after
           the
           principal
           Money
           ,
           Interest
           ,
           and
           costs
           of
           Suite
           satisfied
           ,
           to
           be
           paid
           to
           the
           poor
           Mortgagor
           ,
           and
           his
           Wife
           ,
           and
           Children
           ,
           and
           be
           much
           more
           agreeable
           to
           Justice
           
           and
           good
           conscience
           ,
           then
           to
           deliver
           up
           the
           distressed
           Mortgageor
           ,
           to
           the
           greedy
           appetite
           or
           gripes
           of
           a
           merciless
           Creditor
           or
           Usurer
           
             bruise
             the
             broken
             Reed
             ,
             add
             affliction
             to
             affliction
             ,
          
           and
           
             strengthen
             the
             hands
             of
             the
             Oppressor
          
           ;
           which
           the
           Prophet
           Ezechiel
           saith
           ,
           was
           one
           of
           the
           crying
           sins
           of
           Sodom
           ,
           in
           a
           time
           especially
           when
           too
           many
           of
           the
           loyal
           Nobility
           and
           Gentry
           have
           so
           abundantly
           suffered
           in
           their
           endeavours
           to
           rescue
           their
           King
           ,
           Country
           ,
           Laws
           ,
           Religion
           ,
           and
           Liberties
           from
           the
           pretences
           and
           oppression
           of
           a
           factious
           and
           disloyal
           part
           of
           the
           Nation
           ,
           who
           by
           plunder
           and
           sequestrations
           did
           too
           well
           know
           how
           to
           enrich
           themselves
           by
           the
           ruin
           of
           their
           betters
           ,
           and
           having
           after
           all
           their
           villanies
           received
           his
           Majesties
           mercy
           ,
           in
           being
           themselves
           pardonned
           ,
           cannot
           tell
           how
           to
           allow
           a
           Christian
           forbearance
           to
           the
           sick
           ,
           and
           languishing
           Estate
           of
           a
           Mortgageor
           ,
           who
           hath
           been
           so
           much
           undone
           by
           them
           .
        
         
           And
           whether
           he
           can
           be
           able
           to
           Mortgage
           the
           residue
           of
           his
           Lands
           ,
           or
           sell
           that
           which
           is
           already
           mortgaged
           ,
           must
           take
           along
           with
           him
           as
           new
           additions
           to
           his
           heart
           breaking
           
           miseries
           ,
           the
           fall
           or
           enforced
           abatement
           of
           Rents
           ,
           as
           much
           if
           not
           more
           then
           twenty
           per
           Cent
           ,
           and
           to
           give
           the
           fuller
           weight
           or
           measure
           to
           his
           troubles
           ,
           be
           constrained
           to
           sell
           it
           after
           that
           abated
           Rate
           and
           Rent
           at
           sixteen
           years
           purchase
           ,
           when
           it
           would
           before
           have
           yielded
           eighteen
           or
           twenty
           ,
           and
           could
           neither
           procure
           two
           thousand
           Pounds
           ●pon
           the
           former
           Mortgage
           ,
           or
           the
           latter
           ,
           if
           he
           could
           attain
           unto
           it
           without
           one
           hundred
           Pounds
           ,
           given
           for
           the
           procuring
           of
           each
           two
           thousand
           Pounds
           ,
           and
           walk
           a
           great
           way
           ,
           besides
           towards
           fourty
           or
           fifty
           Pounds
           Charges
           more
           ,
           in
           the
           contriving
           and
           preparing
           the
           assurances
           ;
           and
           after
           many
           a
           scruple
           and
           Rock
           of
           the
           Lenders
           ,
           never
           to
           be
           satisfied
           fulness
           of
           security
           ,
           passed
           over
           many
           a
           weeks
           attendance
           and
           charge
           ,
           in
           the
           humoring
           of
           his
           many
           times
           purposed
           procrastinations
           ,
           to
           drive
           him
           into
           greater
           necessities
           ,
           whereby
           the
           easier
           to
           procure
           his
           unjust
           advantages
           ,
           and
           render
           him
           the
           more
           patient
           to
           endure
           that
           Strappado
           ,
           may
           ,
           being
           bound
           hands
           and
           feet
           ,
           and
           abundantly
           wrapt
           in
           Sheep-skin
           ,
           engagements
           ,
           and
           incumbrances
           ,
           sit
           down
           
           at
           
             Weeping
             Cross
          
           ;
           and
           wonder
           there
           was
           no
           express
           Prayer
           in
           our
           Litany
           ,
           against
           unmerciful
           Creditors
           ,
           and
           such
           as
           make
           more
           necessities
           then
           they
           find
           ,
           with
           a
           
             good
             Lord
             deliver
             us
          
           .
        
         
           And
           if
           that
           now
           over
           trodden
           way
           be
           not
           taken
           ,
           to
           dig
           down
           and
           demolish
           the
           Borrowers
           Estate
           ,
           and
           foundations
           of
           livelyhood
           ,
           will
           apply
           himself
           to
           as
           destroying
           a
           course
           ,
           by
           extending
           the
           mortgaged
           ,
           and
           all
           other
           Lands
           which
           the
           Debtor
           hath
           at
           a
           low
           rent
           ;
           and
           keep
           it
           so
           in
           his
           possession
           ,
           and
           a
           careless
           management
           ,
           and
           with
           so
           great
           a
           loss
           to
           the
           Debtor
           ,
           as
           the
           fiftieth
           year
           of
           Jubile
           may
           come
           ,
           before
           the
           Lands
           by
           the
           unjust
           accompt
           of
           the
           mean
           profits
           ,
           be
           able
           to
           shake
           of
           that
           burden
           ,
           and
           bring
           an
           Action
           also
           against
           him
           ,
           and
           imprison
           him
           for
           the
           not
           performance
           of
           his
           Covenant
           ,
           to
           pay
           the
           mortgage
           Money
           ,
           or
           for
           breach
           of
           some
           other
           Covenants
           in
           the
           deed
           of
           mortgage
           ;
           and
           if
           he
           hath
           any
           other
           Lands
           of
           his
           own
           ,
           or
           his
           Wives
           ,
           that
           can
           escape
           the
           fury
           of
           such
           a
           Creditor
           ,
           shall
           not
           by
           reason
           of
           the
           former
           incumbrance
           ,
           be
           able
           ,
           without
           great
           difficulties
           and
           cost
           ,
           
           to
           borrow
           any
           more
           Money
           upon
           what
           remains
           unmortgaged
           .
           And
           if
           the
           Money
           could
           be
           borrowed
           of
           a
           Citizen
           of
           London
           upon
           a
           mortgage
           ,
           it
           must
           be
           of
           Lands
           near
           London
           ,
           or
           in
           some
           adjacent
           County
           ,
           otherwise
           his
           Nicetyship
           will
           by
           no
           means
           be
           intreated
           to
           lend
           any
           Money
           upon
           it
           ;
           but
           he
           must
           be
           as
           unlikely
           as
           a
           poor
           Schollar
           or
           Poet
           ,
           or
           borrow
           any
           more
           Money
           ,
           and
           may
           dream
           of
           a
           Credit
           ,
           and
           believe
           he
           hath
           a
           right
           unto
           it
           ,
           when
           he
           is
           never
           more
           like
           to
           come
           in
           sight
           of
           it
           .
        
         
           When
           a
           Country
           Gentleman
           ,
           whose
           Credit
           hath
           not
           been
           tainted
           ,
           could
           heretofore
           with
           ease
           enough
           sometimes
           upon
           his
           own
           single
           Bond
           ,
           or
           at
           the
           worst
           with
           a
           Friend
           or
           two
           ,
           and
           one
           of
           them
           but
           his
           Taylor
           joyned
           in
           the
           Bond
           with
           him
           ,
           borrow
           fifty
           or
           one
           hundred
           ,
           or
           two
           hundred
           Pounds
           ;
           and
           the
           Farmer
           or
           Country-man
           wanting
           Money
           to
           pay
           his
           Rent
           ,
           could
           upon
           a
           short
           warning
           procure
           fourty
           or
           fifty
           Pounds
           ,
           upon
           his
           own
           Bond
           or
           Bill
           ;
           and
           a
           Citizen
           of
           London
           ,
           or
           some
           other
           trading
           Town
           ,
           can
           with
           a
           small
           Estate
           in
           Money
           
           and
           no
           Land
           ,
           but
           a
           great
           care
           of
           his
           Credit
           and
           performances
           ,
           be
           trusted
           upon
           his
           Word
           ,
           Bond
           ,
           Bill
           ,
           or
           personal
           Security
           ,
           with
           ten
           or
           twenty
           times
           more
           then
           he
           is
           ever
           likely
           to
           be
           worth
           .
        
         
           And
           it
           is
           very
           well
           known
           ,
           that
           a
           multitude
           of
           London
           Merchants
           ,
           Retaylers
           ,
           Tradesmen
           ,
           and
           Artificers
           ,
           in
           or
           about
           that
           vast
           City
           ,
           and
           the
           overgrown
           Suburbs
           thereof
           ,
           being
           in
           their
           number
           about
           
             six
             hundred
             thousand
          
           Men
           ,
           Women
           ,
           Children
           ,
           and
           Servants
           could
           not
           maintain
           or
           uphold
           themselves
           ,
           in
           their
           several
           orbs
           and
           stations
           ,
           withovt
           a
           trusting
           of
           their
           Customers
           ;
           and
           being
           trusted
           themselves
           ,
           or
           a
           confidence
           on
           both
           sides
           in
           personal
           Securities
           ,
           Bargains
           ,
           Contracts
           ,
           and
           Promises
           ;
           which
           is
           very
           often
           done
           ,
           and
           necessitated
           to
           be
           done
           without
           Pawns
           or
           mortgage
           ,
           security
           in
           the
           course
           of
           Commerce
           and
           interchange
           of
           affairs
           one
           with
           another
           ,
           by
           all
           Merchants
           ,
           Seamen
           ,
           Retaylers
           ,
           Farmers
           ,
           Taylors
           ,
           Laborers
           ,
           Husband-men
           ,
           and
           all
           sorts
           and
           degrees
           of
           People
           in
           the
           Kingdom
           ,
           and
           other
           Parts
           of
           the
           World
           ;
           and
           even
           the
           landed
           men
           and
           Free-holders
           ,
           who
           are
           not
           the
           fortieth
           
           part
           of
           the
           Nation
           ;
           and
           the
           Copy-holders
           ,
           when
           they
           do
           not
           deal
           for
           so
           great
           Sums
           of
           money
           ,
           as
           to
           surrender
           and
           engage
           their
           Copy-hold
           Estates
           ,
           cannot
           in
           the
           multitude
           ,
           diversity
           ,
           speed
           ,
           and
           management
           of
           their
           almost
           daily
           and
           hourly
           business
           one
           with
           another
           ;
           and
           at
           Markets
           and
           Faires
           ,
           and
           elsewhere
           ,
           avoid
           the
           taking
           or
           giving
           of
           personal
           Securities
           or
           Contracts
           ,
           which
           cannot
           primarily
           affect
           those
           that
           have
           Lands
           ,
           or
           concern
           their
           real
           Estates
           ,
           but
           are
           to
           follow
           the
           Persons
           of
           those
           that
           are
           Debtors
           ,
           for
           the
           performance
           thereof
           .
        
         
           So
           as
           it
           would
           be
           no
           Probleme
           ,
           or
           Criple
           assertion
           ,
           to
           aver
           that
           the
           forbidding
           of
           trust
           or
           giving
           dayes
           of
           payment
           ,
           by
           which
           the
           Citizens
           and
           Trades-men
           of
           London
           ,
           do
           gain
           more
           then
           they
           should
           do
           by
           enlarging
           their
           price
           ,
           and
           Items
           to
           a
           very
           great
           excess
           ,
           and
           in
           some
           ,
           as
           it
           may
           be
           feared
           ,
           to
           more
           then
           a
           double
           or
           larger
           Interest
           ,
           and
           the
           taking
           of
           huge
           Sums
           of
           money
           with
           Apprentices
           ,
           now
           more
           then
           formerly
           ,
           become
           a
           part
           of
           their
           Trade
           ;
           and
           a
           publique
           Registring
           enjoyned
           of
           all
           money
           and
           debts
           ,
           which
           they
           do
           owe
           and
           
           are
           engaged
           for
           ,
           by
           Credit
           or
           otherwise
           .
        
         
           Would
           quickly
           manifest
           how
           Trade
           would
           be
           undone
           ,
           if
           it
           were
           not
           for
           trust
           upon
           personal
           securities
           ,
           and
           performance
           ,
           and
           the
           benefit
           ,
           and
           necessity
           of
           Writs
           of
           Arrest
           ,
           enforcing
           their
           Debtors
           to
           make
           payment
           ,
           or
           to
           be
           the
           more
           careful
           of
           it
           .
        
         
           And
           by
           so
           speedy
           a
           way
           of
           enforcing
           a
           Defendant
           to
           appear
           to
           the
           Action
           ,
           make
           the
           Merchants
           and
           Trades-men
           so
           punctual
           in
           their
           payments
           ,
           whereby
           they
           do
           get
           great
           Credit
           and
           Riches
           ,
           and
           have
           given
           a
           confidence
           to
           all
           Trade
           and
           Commerce
           ,
           which
           since
           the
           Reign
           of
           King
           Edward
           the
           3.
           hath
           been
           hugely
           encreased
           ,
           makes
           the
           poor
           man
           ,
           which
           hath
           no
           great
           Stock
           or
           Estate
           ,
           to
           be
           as
           good
           security
           for
           what
           he
           undertakes
           ,
           as
           those
           who
           have
           greater
           ;
           and
           gives
           us
           the
           reason
           ,
           why
           those
           that
           do
           lend
           Money
           unto
           Country
           Gentlemen
           ,
           or
           Men
           of
           great
           Estates
           do
           usually
           require
           a
           Citizen
           ,
           though
           he
           have
           but
           a
           very
           weak
           and
           small
           Estate
           ,
           and
           is
           more
           in
           danger
           of
           breaking
           then
           the
           Gentleman
           ,
           to
           be
           bound
           with
           him
           ,
           and
           do
           think
           their
           money
           not
           
           to
           be
           very
           safely
           lent
           without
           such
           a
           security
           .
           And
           that
           great
           City
           and
           Emporium
           ,
           which
           sitteth
           
             upon
             many
             waters
          
           ,
           and
           
             stretcheth
             out
             her
             lines
             to
             the
             utmost
             ends
             of
             the
             Earth
             ,
          
           would
           certainly
           languish
           and
           decay
           ,
           if
           she
           should
           be
           deterred
           ,
           or
           bound
           up
           from
           trusting
           ,
           or
           being
           trusted
           ;
           and
           there
           would
           be
           none
           ,
           or
           a
           very
           little
           Trade
           and
           Commerce
           in
           the
           Nation
           ,
           if
           it
           should
           not
           be
           driven
           by
           personal
           securities
           ,
           when
           our
           Merchants
           that
           do
           Trade
           into
           Persia
           ,
           the
           
             East-Indies
             ,
             Turkie
          
           ,
           the
           Levant
           ,
           and
           Norway
           ,
           with
           as
           much
           Money
           as
           Commodities
           ,
           having
           neither
           Pawns
           nor
           Lands
           to
           morgage
           ,
           do
           not
           seldom
           deal
           upon
           personal
           security
           ;
           Forreign
           Merchants
           being
           in
           that
           manner
           contented
           ,
           to
           do
           as
           they
           would
           have
           done
           unto
           them
           ,
           and
           do
           many
           times
           borrow
           money
           in
           their
           own
           Countreys
           ,
           to
           give
           day
           and
           time
           of
           payment
           unto
           Merchants
           ,
           and
           their
           Correspondents
           in
           other
           Countries
           .
        
         
           And
           there
           would
           not
           be
           wanting
           ,
           very
           great
           and
           many
           mischiefs
           ,
           inconveniences
           ,
           delayes
           ,
           disturbances
           ,
           and
           obstructions
           in
           the
           universal
           Trade
           ,
           and
           affaires
           of
           our
           Nation
           ,
           both
           at
           home
           and
           abroad
           ,
           if
           that
           great
           and
           
           daily
           manage
           of
           our
           Commerce
           at
           the
           Royal
           Exchange
           of
           London
           ,
           for
           vast
           sums
           of
           Money
           or
           the
           value
           thereof
           ,
           twice
           every
           day
           ,
           in
           every
           week
           ,
           of
           every
           year
           ,
           Sundays
           ,
           great
           Festivals
           ,
           and
           publick
           and
           extraordinary
           dayes
           of
           Fast
           ,
           or
           Thanksgiving
           only
           excepted
           ,
           should
           by
           a
           jealousie
           and
           distrust
           ,
           in
           all
           Merchants
           and
           Men
           of
           Trade
           therein
           every
           day
           concerned
           ,
           and
           the
           Actions
           and
           Estates
           of
           one
           another
           ,
           forsake
           their
           accustomed
           ,
           and
           very
           laudable
           wayes
           of
           trust
           ,
           and
           confidence
           in
           the
           credit
           ,
           and
           punctuality
           of
           performance
           of
           one
           another
           ,
           and
           not
           believe
           a
           Bargain
           or
           Contract
           to
           be
           well
           and
           securely
           made
           ,
           or
           Bills
           of
           Exchange
           safely
           answered
           ,
           without
           an
           almost
           infallible
           certainty
           ,
           of
           the
           Estates
           of
           those
           with
           whom
           they
           deal
           or
           correspond
           ,
           and
           in
           their
           diffidence
           thereof
           (
           when
           as
           to
           the
           Sea
           and
           Forreign
           Trade
           ,
           the
           Winds
           and
           Tides
           will
           not
           be
           intreated
           to
           tarry
           ,
           and
           opportunities
           of
           vent
           and
           benefits
           ,
           if
           not
           suddainly
           laid
           hold
           on
           ,
           cannot
           be
           easily
           or
           at
           all
           times
           met
           withal
           ,
           or
           gained
           )
           adjourn
           the
           conclusions
           ,
           or
           certain
           engagements
           of
           their
           Bargains
           ,
           Contracts
           ,
           Undertakings
           ,
           or
           Promises
           ,
           until
           
           they
           could
           consult
           with
           their
           Lawyers
           of
           some
           of
           the
           Inns
           of
           Court
           ,
           some
           not
           easily
           to
           be
           satisfied
           ,
           Conveyancers
           ,
           Scriveners
           ,
           or
           
             Men
             of
             scruple
          
           ,
           how
           to
           make
           their
           Contracts
           ,
           Charte●
           ,
           Parties
           ,
           Agreements
           ,
           Partnerships
           ,
           or
           Insurances
           to
           be
           without
           any
           ,
           or
           very
           little
           ,
           or
           seldom
           hazard
           or
           danger
           ,
           or
           procure
           some
           Perspective
           glasses
           to
           afford
           them
           a
           clear
           intimacy
           ,
           or
           visibility
           into
           the
           Estates
           of
           Men
           ,
           or
           a
           possibility
           of
           Accidents
           ,
           Shipwracks
           ,
           Piracies
           ,
           or
           Sea
           misfortunes
           ,
           or
           the
           breaking
           or
           knavery
           of
           Retaylers
           ,
           and
           render
           them
           as
           safe
           in
           their
           Trade
           ,
           and
           adventures
           against
           all
           contingencies
           ,
           as
           any
           moral
           or
           worldly
           probability
           ,
           or
           security
           can
           make
           them
           .
        
         
           And
           that
           their
           great
           concernment
           ,
           and
           height
           of
           reputation
           ,
           guarded
           by
           the
           wakeful
           Eyes
           of
           
             publick
             Notarial
          
           Protests
           (
           which
           is
           sometimes
           tromped
           upon
           them
           ,
           by
           some
           of
           their
           Forre●gn
           Factors
           or
           Correspondents
           ,
           inadvertencies
           or
           over
           charging
           them
           ,
           is
           of
           so
           britle
           and
           tender
           a
           nature
           ,
           as
           a
           small
           gust
           of
           misfortunes
           ,
           or
           adversities
           ,
           overturns
           ,
           and
           sinks
           it
           ;
           or
           a
           malicious
           or
           foolish
           report
           of
           being
           broke
           ,
           or
           likely
           to
           break
           ,
           
           shatters
           it
           all
           in
           pieces
           ,
           and
           puts
           the
           not
           long
           before
           prosperous
           Owner
           of
           it
           ,
           to
           recover
           as
           well
           as
           he
           can
           the
           dammage
           sustained
           by
           it
           ,
           and
           the
           Shipwrack
           of
           Credit
           can
           be
           no
           otherwise
           then
           exceedingly
           ominous
           ,
           and
           dreadful
           to
           men
           that
           are
           to
           make
           much
           of
           their
           livelyhoods
           ,
           and
           hopes
           to
           raise
           their
           fortunes
           by
           it
           ;
           when
           besides
           the
           many
           other
           disasters
           attending
           and
           lying
           in
           Ambuscado
           ,
           the
           Statute
           of
           Bankrupt
           made
           in
           the
           Reign
           of
           King
           James
           ,
           doth
           in
           the
           Character
           of
           a
           Bankrupt
           21
           
             Jas.
             ca.
             19.
          
           (
           amongst
           other
           things
           declare
           ,
           
             any
             Merchant
             ,
             Retayler
             ,
             or
             any
             other
             seeking
             to
             get
             their
             living
             by
             buying
             or
             selling
             ,
             to
             be
             a
             Bankrupt
             ,
             who
             being
             indebted
             to
             any
             Person
             ,
             in
             the
             Sum
             of
             one
             hundred
             Pounds
             or
             more
             ,
             shall
             be
             arrested
             for
             the
             same
             ,
             or
             lye
             in
             Prison
             two
             Moneths
             or
             more
             ,
             for
             that
             or
             any
             other
             Debt
             ,
             or
             afterwards
             escape
             out
             of
             Prison
             ,
             or
             gets
             forth
             by
             common
             or
             hired
             Bail
             ,
             shall
             be
             accompted
             and
             adjudged
             a
             Bankrupt
             to
             all
             purposes
             and
             intents
             :
          
           And
           provide
           that
           such
           a
           one
           
             should
             have
             his
             Goods
             and
             Estate
             seised
             ,
             and
             divid●d
             amongst
             his
             Creditors
             proportionably
             to
             their
             debts
             ,
             and
             be
          
           liable
           to
           the
           
           penalties
           of
           the
           said
           Act
           ,
           and
           the
           orders
           and
           provisions
           therein
           contained
           .
        
         
           For
           certainly
           without
           competency
           of
           trust
           and
           confidence
           in
           Trade
           ,
           and
           dealings
           one
           man
           with
           another
           ,
           and
           a
           pawn
           or
           security
           of
           their
           Bodies
           ,
           subject
           to
           Arrests
           ,
           compulsion
           or
           disgrace
           ,
           all
           Commerce
           and
           Traffique
           would
           be
           destroyed
           ;
           no
           Merchant
           or
           Chapmen
           will
           ,
           or
           can
           give
           day
           for
           his
           Wares
           ,
           when
           he
           neither
           knows
           ,
           whether
           his
           Customers
           have
           Goods
           sufficient
           to
           pay
           for
           what
           they
           buy
           ,
           or
           where
           to
           find
           them
           ,
           when
           the
           Wares
           that
           he
           sells
           may
           either
           be
           used
           ,
           or
           sold
           away
           again
           to
           another
           ;
           or
           if
           they
           could
           be
           met
           with
           again
           ,
           will
           not
           be
           of
           half
           the
           value
           they
           were
           sold
           for
           .
        
         
           No
           man
           without
           personal
           Security
           ,
           Contract
           ,
           or
           Promise
           will
           lend
           any
           money
           to
           Merchants
           ,
           because
           their
           Goods
           are
           either
           at
           Sea
           ,
           or
           in
           Forreign
           Countries
           ,
           and
           sent
           out
           so
           often
           ,
           and
           upon
           so
           many
           adventures
           and
           hazards
           ,
           as
           if
           they
           do
           ,
           they
           will
           not
           know
           how
           to
           get
           it
           again
           .
        
         
           Young
           Tradesmen
           ,
           and
           Men
           of
           hope
           and
           industry
           ,
           that
           have
           none
           or
           very
           little
           Stocks
           of
           their
           own
           ,
           will
           have
           no
           Money
           lent
           
           them
           ;
           or
           if
           they
           have
           ,
           it
           must
           be
           upon
           such
           other
           Cautions
           or
           Security
           ,
           as
           may
           starve
           ,
           and
           take
           away
           the
           hopes
           of
           their
           preferment
           .
        
         
           Moneys
           given
           to
           Charitable
           uses
           (
           as
           they
           are
           many
           times
           )
           to
           be
           lent
           upon
           security
           to
           poor
           Tradesmen
           ,
           or
           young
           Beginners
           ,
           that
           have
           little
           or
           nothing
           in
           Estate
           or
           their
           Shops
           ,
           cannot
           without
           Bonds
           or
           personal
           Security
           be
           lent
           or
           distributed
           ,
           according
           to
           the
           mind
           and
           intention
           of
           the
           Donors
           (
           mortgage
           of
           Lands
           not
           being
           likely
           to
           be
           had
           )
           for
           otherwise
           it
           cannot
           be
           done
           ,
           but
           to
           such
           as
           are
           rich
           already
           .
        
         
           No
           Merchant
           ,
           or
           whole
           Sale-men
           ,
           will
           adventure
           to
           trust
           or
           sell
           to
           Retaylors
           ,
           upon
           one
           ,
           two
           three
           ,
           or
           ●ix
           Moneths
           ,
           as
           they
           shall
           be
           able
           to
           make
           or
           return
           it
           ;
           nor
           Retaylers
           to
           Retaylers
           ,
           as
           they
           do
           often
           use
           to
           do
           ,
           if
           they
           do
           not
           give
           personal
           Security
           ,
           whereby
           to
           be
           arrested
           ,
           if
           they
           do
           not
           pay
           the
           Money
           contracted
           for
           .
        
         
           No
           Country
           Vintner
           will
           without
           it
           be
           furnished
           by
           the
           London
           Vintners
           or
           Merchants
           ;
           no
           man
           shall
           know
           how
           to
           do
           good
           to
           a
           Friend
           or
           Servant
           ,
           or
           set
           up
           a
           young
           
           man
           ,
           if
           personal
           Securities
           shall
           not
           oblige
           their
           Proces
           of
           Arrest
           .
        
         
           No
           Tradesman
           shall
           be
           able
           to
           Trade
           as
           they
           do
           now
           ,
           and
           get
           his
           living
           and
           a
           comfortable
           subsistance
           ,
           by
           retailing
           under
           other
           Tradesmen
           ;
           nor
           any
           Mariner
           ,
           Souldier
           ,
           or
           Servant
           be
           trusted
           ,
           because
           they
           have
           nothing
           but
           their
           Bodies
           to
           be
           answerable
           for
           it
           .
        
         
           Many
           Lawyers
           and
           Ministers
           ,
           who
           do
           carry
           much
           of
           their
           Estates
           in
           their
           brains
           ;
           the
           Arti●an
           in
           his
           hands
           ,
           and
           a
           few
           Tools
           ;
           the
           Souldier
           the
           most
           that
           he
           hath
           by
           his
           side
           ;
           Unlanded
           men
           or
           untrading
           Batchelors
           or
           single
           Men
           ,
           all
           or
           the
           most
           part
           upon
           their
           backs
           ;
           and
           the
           smaller
           sort
           of
           Farmers
           and
           Country
           Cottagers
           ,
           having
           very
           little
           Goods
           or
           Houshold-stuff
           ,
           may
           bewail
           their
           want
           of
           Credit
           ,
           when
           personal
           Security
           cannot
           help
           them
           ;
           and
           all
           the
           Trade
           and
           Commerce
           ,
           good
           will
           and
           charity
           of
           the
           Nation
           ,
           that
           was
           wont
           to
           flourish
           more
           by
           the
           Care
           and
           Credit
           ,
           and
           honesty
           of
           Men
           ,
           then
           any
           certainty
           or
           visibility
           of
           Estate
           ,
           must
           ,
           if
           necessities
           and
           occasions
           cannot
           be
           supplied
           as
           they
           were
           
           wont
           to
           be
           by
           Bonds
           ,
           Bills
           ,
           or
           personal
           Security
           ,
           now
           be
           turned
           into
           a
           way
           of
           Pawns
           and
           Bro●age
           ,
           and
           three
           times
           more
           given
           then
           the
           value
           of
           that
           which
           is
           bought
           or
           borrowed
           ,
           where
           ready
           money
           is
           wanting
           .
        
         
           And
           all
           Credit
           and
           Industry
           fall
           to
           the
           ground
           ,
           especially
           if
           it
           shall
           be
           considered
           that
           not
           long
           before
           our
           late
           times
           of
           Troubles
           and
           Confusion
           ,
           the
           money
           of
           some
           Dutch
           and
           Forreign
           Merchants
           lodged
           here
           ,
           being
           estimated
           to
           have
           been
           as
           much
           as
           five
           Millions
           Sterling
           ,
           have
           been
           much
           of
           it
           by
           reason
           of
           our
           bringing
           down
           of
           Interest
           to
           six
           per
           Cent
           ,
           and
           other
           disturbances
           called
           home
           ;
           and
           that
           the
           money
           Current
           in
           the
           Kingdom
           ,
           is
           by
           no
           very
           random
           computation
           verily
           believed
           to
           be
           scarce
           enough
           to
           pay
           the
           Interest
           of
           the
           Capital
           ,
           of
           what
           is
           owing
           by
           the
           People
           one
           unto
           another
           ;
           and
           if
           the
           course
           and
           way
           of
           Credit
           should
           be
           now
           stopped
           ,
           and
           turned
           out
           of
           his
           Chanel
           ,
           we
           may
           not
           expect
           to
           see
           any
           more
           happy
           effects
           of
           trusts
           and
           Credit
           ,
           as
           in
           this
           Age
           of
           ours
           we
           have
           done
           in
           a
           rich
           Sir
           
             John
             Spencer
          
           ,
           Sir
           
             William
             Craven
          
           ,
           Sir
           
             William
             Cockain
          
           ,
           and
           Sir
           
             Paul
             
             Bayning
          
           ,
           who
           beginning
           their
           World
           with
           no
           Original
           Riches
           ,
           have
           gone
           out
           of
           it
           with
           the
           comfort
           and
           honour
           ,
           of
           laying
           the
           foundations
           of
           several
           noble
           Families
           ,
           and
           every
           day
           in
           the
           hopes
           and
           flourishing
           of
           many
           young
           Merchants
           ,
           is
           ready
           to
           proclaim
           the
           great
           benefits
           of
           trust
           and
           Credit
           ,
           and
           that
           ,
           which
           not
           seldom
           happens
           ,
           by
           the
           only
           employ
           and
           advantage
           of
           another
           mans
           money
           :
           And
           the
           sad
           
             &
             ineluctabile
             fatum
          
           dismal
           ,
           and
           not
           to
           be
           overcome
           disasters
           ,
           which
           do
           fall
           upon
           those
           whose
           former
           props
           of
           trust
           and
           Credit
           have
           failed
           them
           ,
           when
           their
           Friends
           stand
           afar
           off
           ,
           and
           look
           upon
           them
           as
           Lepers
           and
           
             Persons
             infected
          
           ,
           do
           by
           the
           ill
           government
           of
           their
           tongues
           and
           censures
           ,
           debar
           them
           more
           then
           they
           should
           ,
           of
           all
           the
           opportunities
           of
           fortune
           ,
           or
           means
           to
           a
           more
           happy
           condition
           .
        
         
           It
           was
           Credit
           and
           the
           care
           of
           it
           ,
           not
           Lands
           or
           a
           visible
           Personal
           Estate
           ,
           which
           made
           our
           Prince
           of
           Merchants
           Sir
           
             Thomas
             Gresham
          
           ;
           in
           the
           Reign
           of
           Queen
           Elizabeth
           ,
           to
           be
           able
           to
           lame
           the
           King
           of
           Spain
           and
           his
           Indies
           ,
           in
           his
           design
           of
           subduing
           England
           ,
           
           by
           draining
           of
           his
           Banks
           beyond
           the
           Seas
           with
           his
           personal
           security
           .
        
         
           It
           was
           personal
           Security
           ,
           Credit
           ,
           and
           the
           care
           of
           not
           having
           any
           man
           come
           twice
           to
           his
           house
           for
           money
           ,
           which
           made
           Sir
           
             Abraham
             Dawes
          
           ,
           one
           of
           the
           Farmers
           of
           the
           Customs
           ,
           in
           the
           Reign
           of
           King
           Charles
           the
           Martyr
           ,
           able
           to
           take
           of
           those
           who
           voluntarily
           offered
           it
           ,
           one
           thousand
           Pounds
           at
           a
           time
           upon
           his
           single
           Bond
           or
           Bill
           ,
           which
           to
           support
           he
           did
           alwayes
           (
           as
           he
           himself
           acknowledged
           )
           keep
           five
           thousand
           Pounds
           at
           a
           time
           in
           a
           Chest
           in
           his
           house
           at
           Interest
           ,
           and
           when
           he
           had
           paid
           out
           any
           considerable
           part
           of
           it
           borrowed
           ,
           and
           took
           in
           as
           much
           to
           replenish
           it
           .
        
         
           It
           was
           an
           imaginary
           Credit
           ,
           &
           an
           heretofore
           punctual
           performance
           of
           our
           late
           
             handy
             dandy
          
           men
           the
           Bankers
           of
           London
           ,
           paying
           one
           mans
           money
           with
           anothers
           that
           decoyed
           ,
           and
           enticed
           almost
           all
           the
           money
           of
           England
           ,
           into
           their
           running
           ,
           ebbing
           ,
           and
           flowing
           Cash
           ,
           upon
           their
           or
           their
           Servants
           single
           notes
           ,
           for
           some
           years
           &
           under
           their
           only
           hands
           ,
           for
           five
           hundred
           or
           a
           thousand
           Pounds
           at
           a
           time
           ,
           for
           some
           years
           ,
           after
           upon
           the
           Masters
           single
           Bonds
           .
        
         
         
           And
           it
           was
           Credit
           and
           personal
           Security
           ,
           not
           so
           much
           any
           real
           Estate
           in
           Lands
           or
           Houses
           ,
           that
           have
           made
           the
           Banks
           of
           Lyons
           and
           Amsterdam
           so
           to
           flourish
           ,
           in
           the
           midst
           of
           Wars
           ,
           and
           abundance
           of
           Taxes
           ,
           and
           enabled
           the
           Dutch
           ,
           those
           mighty
           men
           of
           Trade
           and
           money
           ;
           whose
           Lands
           and
           Territories
           ,
           in
           all
           their
           Seven
           United
           Provinces
           ,
           do
           in
           quantity
           scarce
           equal
           our
           Yorkshire
           and
           Lincolnshire
           ,
           to
           ingross
           almost
           all
           the
           Trade
           of
           the
           Heathen
           and
           Christian
           World
           ,
           to
           raise
           
             five
             Millions
          
           Sterling
           at
           home
           ,
           upon
           no
           more
           then
           as
           many
           Weeks
           short
           warning
           ,
           and
           to
           manage
           at
           a
           vast
           expence
           ,
           a
           long
           and
           lasting
           War
           with
           the
           greatest
           Kings
           and
           Princes
           of
           Christendom
           .
        
         
           It
           being
           certain
           that
           Securities
           ,
           or
           Cautions
           for
           money
           or
           Credit
           ,
           cannot
           in
           the
           general
           be
           so
           safe
           possible
           ,
           or
           ready
           at
           hand
           to
           be
           had
           ,
           as
           personal
           Security
           ;
           which
           as
           our
           Bracton
           and
           Fleta
           ,
           
           in
           their
           Divisions
           of
           Actions
           into
           real
           ,
           personal
           ,
           and
           mixt
           ▪
           have
           informed
           us
           ,
           do
           
             inducere
             Actionem
             in
             personam
          
           ,
           make
           an
           Action
           to
           be
           personal
           ,
           for
           that
           the
           individual
           and
           very
           same
           money
           is
           not
           ,
           nor
           can
           by
           the
           Plaintiff
           be
           expected
           
           to
           be
           restored
           ,
           but
           the
           value
           of
           it
           or
           dammages
           ;
           and
           it
           doth
           oblige
           the
           Person
           ,
           but
           not
           at
           the
           first
           the
           Lands
           ,
           Goods
           ,
           or
           Chattels
           ,
           as
           our
           Statutes
           Merchant
           ,
           or
           of
           the
           Staple
           ,
           or
           Recognizances
           in
           Chancery
           ,
           or
           elsewhere
           taken
           ,
           do
           when
           they
           do
           carry
           in
           them
           a
           condition
           upon
           default
           of
           payment
           ,
           to
           leavy
           the
           money
           upon
           Lands
           ,
           Goods
           ,
           and
           Chattels
           ,
           and
           upon
           the
           Body
           ,
           if
           the
           Lands
           ,
           Goods
           ,
           and
           Chattels
           be
           not
           sufficient
           to
           satisfie
           ;
           and
           in
           a
           Bond
           the
           words
           obliging
           are
           ,
           
             Obligo
             me
             Haeredes
             ,
             Executores
             ,
             &
             Administratores
             meos
             ,
          
           the
           Land
           being
           chargeable
           in
           respect
           of
           the
           Person
           ,
           but
           not
           the
           Person
           in
           respect
           of
           the
           Land
           ;
           and
           the
           Goods
           and
           Lands
           ,
           if
           any
           or
           the
           properties
           thereof
           are
           many
           times
           more
           invisible
           ,
           then
           the
           Persons
           of
           men
           ;
           for
           Bonds
           or
           Contracts
           do
           bind
           ,
           and
           engage
           the
           Person
           as
           much
           ,
           as
           if
           he
           did
           thereby
           undertake
           to
           pawn
           his
           Body
           ,
           and
           subject
           it
           to
           an
           Arrest
           or
           Compulsion
           ,
           to
           appear
           in
           Judgment
           ,
           if
           he
           should
           fail
           in
           the
           performance
           ;
           for
           all
           Contracts
           and
           Promises
           ,
           
           saith
           Fleta
           ,
           have
           in
           them
           
             Vinculum
             Juris
          
           such
           a
           Bond
           or
           Obligation
           ,
           as
           ties
           us
           to
           the
           performance
           of
           
           them
           ,
           
           and
           is
           so
           personal
           and
           inseparable
           ;
           as
           it
           doth
           
             sequi
             personam
             obligati
          
           ,
           go
           along
           ,
           saith
           Bronkhorst
           ,
           with
           him
           that
           made
           it
           like
           the
           shadow
           with
           the
           Body
           :
           And
           generaliter
           ,
           saith
           
             Bracton
             ,
             Jus
             gentium
             se
             habet
             ad
             omnes
             Contractus
             ,
          
           The
           Law
           of
           Nations
           binds
           us
           to
           the
           performance
           of
           them
           :
           
           For
           ,
           saith
           Grotius
           ,
           he
           to
           whom
           the
           promise
           is
           made
           ,
           hath
           by
           the
           dictates
           of
           natural
           reason
           a
           right
           to
           compel
           it
           by
           lawful
           means
           .
        
         
           For
           a
           man
           may
           be
           known
           where
           to
           be
           found
           ,
           when
           his
           Money
           ,
           Goods
           ,
           or
           Estate
           cannot
           ,
           or
           what
           Estate
           he
           hath
           at
           home
           ,
           or
           abroad
           in
           his
           own
           or
           other
           mens
           hands
           in
           trust
           for
           him
           ,
           or
           otherwise
           :
           And
           the
           Pawn
           or
           Pledge
           of
           the
           Body
           must
           needs
           be
           the
           greatest
           tye
           upon
           a
           Debtor
           ;
           for
           if
           a
           Pedler
           travelling
           with
           a
           pack
           of
           Pedlery
           upon
           his
           Horse
           ,
           hath
           his
           Horse
           distrained
           and
           taken
           away
           ,
           and
           he
           be
           put
           to
           carry
           his
           pack
           upon
           his
           back
           ,
           or
           if
           the
           Debt
           be
           so
           much
           as
           to
           lay
           hold
           on
           both
           ,
           that
           cannot
           so
           disturb
           or
           trouble
           him
           ,
           as
           an
           Arrest
           will
           do
           of
           his
           Person
           :
           Or
           if
           a
           poor
           man
           shall
           have
           his
           only
           Cow
           ,
           and
           the
           Instruments
           and
           tools
           of
           his
           daily
           labour
           taken
           from
           him
           ,
           
           that
           will
           not
           so
           much
           affright
           or
           beggar
           him
           ,
           and
           his
           Wife
           and
           Children
           ,
           if
           he
           do
           not
           take
           care
           to
           prevent
           it
           ,
           as
           an
           imprisonment
           of
           his
           Body
           will
           do
           .
        
         
           And
           our
           Bonds
           ,
           are
           not
           so
           rigourous
           ,
           severe
           ,
           or
           jealous
           ,
           as
           the
           moveable
           Bonds
           in
           Scotland
           ,
           as
           they
           there
           term
           them
           are
           ,
           which
           even
           for
           small
           Sums
           of
           money
           with
           us
           (
           but
           great
           with
           them
           )
           can
           be
           so
           distrustful
           as
           to
           enforce
           the
           obligor
           to
           renounce
           beforehand
           ,
           
             All
             manner
             of
             exceptions
             to
             the
             Law
             ,
          
           
           
             which
             may
             be
             proponed
             to
             the
             contrary
             ,
             and
             all
             Priviledges
             and
             Jurisdictions
             ,
             with
             a
             clause
             and
             consent
             inserted
             of
             Registration
             ,
             Horning
             ,
             and
             Outlary
             ,
          
           and
           
             to
             have
             the
             strength
             of
             a
             decreit
             to
             pay
             principal
             Interest
             and
             Charges
             ,
             according
             to
             the
             Obligees
             own
             modification
             ,
             declaration
             of
             conscience
             or
             discretion
          
           ;
           and
           ten
           Pound
           Scotch
           money
           
             for
             Ilke
             shilling
             Scotish
             Money
             ,
             which
             shall
             be
             unpaid
             of
             the
             Principal
          
           ;
           nor
           so
           fierce
           as
           in
           some
           Parts
           of
           Germany
           ,
           
           where
           the
           Creditor
           ,
           if
           he
           suspected
           the
           Debtor
           to
           be
           poor
           ,
           will
           take
           
             Juratoriam
             Cautionem
          
           ,
           make
           him
           swear
           that
           he
           would
           pay
           the
           money
           again
           ;
           amongst
           whom
           and
           the
           Italians
           there
           were
           Ostagia
           or
           Undertakings
           ,
           
           to
           give
           entertainments
           to
           the
           Creditors
           with
           Men
           and
           Horses
           ,
           at
           the
           Sureties
           or
           Debtors
           charges
           ,
           till
           the
           Debt
           were
           satisfied
           .
        
         
           And
           the
           Civil
           Law
           was
           upon
           Contracts
           and
           Bonds
           ,
           for
           money
           lent
           or
           trusted
           ,
           so
           well
           furnished
           with
           renunciations
           before-hand
           ,
           of
           the
           benefits
           of
           Law
           in
           general
           and
           particular
           ;
           
           as
           there
           is
           by
           Butrigarius
           reckoned
           up
           no
           less
           then
           fifty
           three
           several
           sorts
           of
           Renunciations
           ,
           which
           the
           cruelty
           or
           diffidence
           of
           Creditors
           did
           in
           their
           Contracts
           and
           Bargains
           usually
           ,
           and
           as
           they
           pleased
           put
           upon
           those
           that
           had
           occasion
           to
           borrow
           or
           deal
           with
           them
           .
        
         
           But
           our
           Nation
           keeping
           it self
           constantly
           to
           its
           own
           more
           gentle
           ,
           and
           yet
           binding
           enough
           constant
           form
           of
           Bonds
           and
           Obligations
           for
           money
           ,
           used
           here
           in
           England
           for
           some
           Centuries
           of
           years
           last
           past
           ,
           hath
           with
           its
           Proces
           of
           Arrest
           attending
           and
           guarding
           it
           ,
           perswaded
           the
           People
           thereof
           justly
           to
           believe
           that
           that
           kind
           of
           Proces
           hath
           produced
           such
           a
           better
           ,
           more
           sure
           ,
           and
           easie
           Credit
           in
           the
           Nation
           then
           was
           formerly
           ,
           as
           it
           hath
           not
           only
           greatly
           encreased
           ,
           encouraged
           ,
           and
           facilitated
           the
           Trade
           and
           reputation
           thereof
           ,
           
           but
           it
           hath
           been
           its
           greatest
           prop
           ,
           and
           support
           in
           the
           for
           many
           years
           long
           and
           bloody
           Wars
           ,
           betwixt
           the
           two
           great
           contending
           Houses
           of
           York
           and
           Lancaster
           ,
           when
           Estates
           in
           Land
           were
           little
           worth
           ,
           and
           where
           they
           were
           of
           any
           value
           ,
           or
           enjoyed
           any
           quiet
           from
           the
           furies
           of
           War
           ,
           or
           disturbance
           of
           Seisures
           ,
           Attainders
           ,
           or
           Confiscations
           were
           until
           the
           27th
           .
           year
           of
           the
           Reign
           of
           King
           Henry
           the
           8th
           .
           and
           the
           27th
           .
           year
           of
           the
           Reign
           of
           Queen
           Elizabeth
           covered
           ,
           and
           protected
           with
           secret
           and
           undiscernable
           uses
           ,
           many
           of
           which
           were
           fraudulent
           ,
           and
           in
           the
           many
           other
           also
           tosses
           ,
           and
           troubles
           of
           our
           present
           and
           former
           Ages
           ,
           which
           may
           appear
           to
           be
           more
           then
           a
           conjecture
           to
           any
           ,
           who
           shall
           but
           consult
           their
           own
           reason
           ,
           and
           observations
           of
           the
           difficulties
           and
           inconveniences
           which
           would
           daily
           and
           hourly
           happen
           ,
           in
           the
           borrowing
           ,
           procuring
           ,
           or
           securing
           of
           money
           ,
           if
           nothing
           but
           Pawns
           or
           Pledges
           ,
           at
           as
           hard
           a
           rate
           to
           private
           Brokers
           many
           times
           as
           twenty
           per
           Cent
           ,
           or
           mortgages
           of
           Land
           would
           be
           taken
           for
           security
           for
           money
           ,
           or
           moneys
           worth
           ,
           or
           the
           value
           of
           it
           ,
           which
           in
           matters
           of
           Trade
           
           would
           so
           quickly
           turn
           all
           into
           Exchange
           and
           Barter
           ;
           as
           a
           Tradesman
           could
           not
           be
           able
           to
           furnish
           ,
           or
           stock
           himself
           ,
           or
           his
           Shop
           ,
           without
           either
           ready
           money
           ,
           which
           many
           Tradesmen
           ,
           and
           not
           one
           in
           every
           twenty
           ,
           are
           alwayes
           or
           often
           able
           to
           do
           ,
           or
           disfurnish
           ,
           or
           unstock
           themselves
           ,
           and
           carry
           as
           much
           out
           as
           they
           endeavour
           to
           take
           in
           ;
           and
           how
           quickly
           and
           easie
           ,
           upon
           the
           stock
           of
           Credit
           ,
           Reputation
           ,
           and
           Opinion
           ,
           one
           or
           more
           hundred
           Pounds
           may
           be
           borrowed
           upon
           a
           Bond
           with
           one
           or
           two
           Sureties
           ?
           and
           how
           readily
           ,
           and
           without
           any
           more
           ado
           one
           or
           more
           Counter-bonds
           of
           the
           Principal
           doth
           serve
           to
           counter-secure
           them
           .
        
         
           And
           where
           Citizens
           do
           take
           Apprentices
           ,
           without
           whom
           they
           cannot
           manage
           their
           Trade
           ,
           and
           by
           taking
           too
           great
           ,
           and
           in
           former
           Ages
           unheard
           of
           Sums
           of
           money
           ,
           to
           teach
           them
           their
           Mystery
           of
           gain
           ,
           will
           find
           it
           to
           be
           as
           inconvenient
           to
           themselves
           ,
           in
           that
           their
           new
           way
           of
           Prentice
           Trade
           ,
           as
           troublesom
           to
           the
           Parents
           of
           the
           Apprentices
           ,
           if
           they
           were
           to
           be
           satisfied
           with
           nothing
           but
           a
           mortgage
           ,
           by
           Security
           of
           Lands
           ,
           or
           Pawns
           ,
           or
           Pledges
           to
           be
           given
           by
           them
           
           for
           their
           Childrens
           honesty
           ,
           many
           times
           dearly
           discharged
           ,
           when
           as
           now
           their
           single
           Bonds
           or
           Covenants
           will
           suffise
           .
        
         
           And
           they
           ought
           not
           surely
           to
           be
           accompted
           too
           Sanguine
           or
           over
           credulous
           ,
           who
           shall
           give
           entertainment
           to
           an
           opinion
           ,
           that
           if
           all
           the
           money
           which
           hath
           been
           borrowed
           in
           the
           times
           of
           our
           English
           Troubles
           ,
           lately
           past
           or
           long
           ago
           ,
           or
           in
           the
           now
           times
           of
           our
           unparrelled
           pride
           ,
           prodigality
           ,
           and
           luxury
           ,
           had
           been
           to
           have
           been
           borrowed
           only
           upon
           Mortgages
           ,
           Pawns
           ,
           and
           Gages
           ,
           the
           vitious
           and
           foolish
           part
           of
           the
           People
           of
           this
           Kingdom
           ,
           which
           are
           the
           far
           greater
           number
           ,
           would
           have
           long
           ago
           suffered
           their
           follies
           ,
           to
           have
           brought
           them
           into
           the
           sad
           condition
           of
           the
           Egyptians
           ,
           in
           the
           time
           of
           the
           more
           thrifty
           and
           forecasting
           Joseph
           ,
           
           when
           in
           a
           famine
           only
           of
           Bread
           ,
           prognosticated
           to
           continue
           for
           seven
           years
           ,
           they
           were
           in
           the
           first
           year
           of
           it
           constrained
           ,
           when
           money
           failed
           them
           ,
           to
           take
           bread
           in
           Exchange
           for
           their
           
             Cattle
             ,
             Horses
             ,
             Asses
             ,
             and
             Flocks
             ,
          
           and
           after
           their
           Bodies
           offered
           as
           pledges
           upon
           the
           like
           occasion
           ,
           and
           necessity
           to
           give
           up
           their
           Lands
           for
           necessary
           
           (
           but
           no
           wanton
           )
           supplies
           .
        
         
           And
           although
           the
           first
           pawn
           or
           pledge
           ,
           that
           is
           mentioned
           in
           the
           Book
           of
           God
           ,
           the
           most
           Ancient
           and
           best
           of
           Records
           ,
           to
           have
           been
           given
           in
           the
           Fore-noon
           of
           the
           World
           ,
           was
           that
           of
           
           Judah's
           Signet
           ,
           
           Bracelets
           ,
           and
           Staff
           to
           his
           disguised
           Daughter
           Tamar
           ,
           for
           a
           security
           of
           what
           his
           Amours
           ,
           and
           unlawful
           Contract
           had
           promised
           ;
           yet
           shortly
           after
           his
           Brother
           Simeon
           became
           a
           personal
           security
           to
           his
           Brother
           Joseph
           ,
           for
           the
           bringing
           unto
           him
           his
           youngest
           Brother
           Benjamin
           ,
           and
           was
           in
           the
           mean
           time
           
             bound
             and
             kept
             in
             Prison
          
           ;
           and
           Reuben
           upon
           his
           return
           to
           his
           Father
           Jacob
           ,
           to
           remove
           him
           from
           his
           unwillingness
           to
           send
           his
           beloved
           Benjamin
           into
           Egypt
           ,
           
           offered
           his
           
             own
             two
             Sons
             in
             pledge
             ,
             that
             he
             would
             safely
             return
             him
             unto
             him
             again
             :
          
           And
           when
           that
           could
           not
           prevail
           ,
           Judah
           ,
           without
           being
           bound
           or
           kept
           in
           Prison
           the
           while
           by
           his
           Father
           ,
           became
           a
           Surety
           for
           him
           as
           it
           were
           body
           for
           body
           ,
           and
           
             that
             of
             his
             own
             hand
             he
             should
             require
             him
             .
          
           And
           the
           after
           Ages
           have
           found
           so
           great
           a
           benefit
           ,
           as
           well
           as
           a
           necessity
           of
           personal
           security
           ,
           as
           here
           in
           England
           long
           before
           the
           Statute
           of
           
           25
           E.
           3.
           the
           Bodies
           of
           men
           ,
           as
           well
           Nobility
           as
           others
           ,
           have
           to
           the
           great
           advantages
           of
           the
           Kingdom
           ,
           and
           upon
           great
           and
           weighty
           reasons
           and
           occasions
           of
           State
           ,
           been
           given
           and
           taken
           as
           Sureties
           and
           Hostages
           ,
           for
           and
           to
           diverse
           of
           our
           Kings
           and
           Princes
           .
        
         
           And
           by
           our
           Laws
           agreeable
           in
           that
           and
           many
           other
           particulars
           ,
           not
           only
           to
           the
           Civil
           and
           Caesarean
           Laws
           ,
           but
           of
           the
           Law
           of
           Nations
           the
           Plaintiffs
           ,
           when
           by
           our
           Original
           Writs
           ,
           made
           out
           of
           the
           Chancery
           in
           Actions
           of
           Debt
           ,
           impowring
           the
           Justices
           of
           the
           Court
           of
           
             Common
             Pleas
          
           ,
           to
           make
           proces
           and
           hold
           plea
           thereupon
           ,
           
           the
           Sheriff
           to
           whom
           the
           Writ
           is
           directed
           ,
           when
           he
           doth
           summon
           the
           Defendant
           to
           appear
           before
           the
           said
           Justices
           ,
           being
           commanded
           to
           take
           Sureties
           of
           the
           Plaintif
           ,
           that
           he
           will
           prosecute
           and
           justifie
           the
           Action
           ,
           was
           to
           take
           it
           by
           personal
           security
           ,
           and
           not
           by
           any
           pawn
           or
           pledge
           .
        
         
           So
           as
           if
           there
           were
           not
           so
           many
           irresistible
           Arguments
           ,
           Reasons
           ,
           Examples
           ,
           proofs
           ,
           and
           necessities
           for
           the
           ancient
           ,
           long
           continued
           use
           of
           the
           Writs
           of
           Capias
           and
           Outlary
           ,
           beyond
           a
           prescription
           and
           memory
           of
           man
           ,
           and
           many
           ages
           .
        
         
         
           That
           which
           hath
           in
           all
           Ages
           been
           allowed
           ,
           as
           the
           best
           expedient
           to
           secure
           from
           doing
           or
           suffering
           wrong
           ,
           in
           case
           of
           lesser
           or
           greater
           Crimes
           ,
           as
           Trespas
           ,
           Felony
           ,
           Manslaughter
           ,
           Murder
           ,
           Treason
           ,
           or
           suspition
           of
           either
           ,
           where
           the
           less
           favours
           are
           to
           be
           shewed
           ,
           
             propter
             atrocitatem
             criminis
          
           ,
           for
           the
           horridues
           of
           the
           Fact
           ,
           until
           Offenders
           can
           be
           brought
           to
           Judgment
           :
           For
           whom
           
             Plegii
             sint
             donec
             se
             defenderunt
             Carcer
             &
             Gaola
             ,
          
           
           The
           Goal
           and
           the
           Prison
           were
           to
           be
           Securities
           ,
           saith
           our
           old
           and
           learned
           Bracton
           .
        
         
           And
           that
           old
           rule
           of
           Law
           not
           used
           ,
           to
           be
           denyed
           ,
           kickt
           ,
           or
           spurned
           at
           
             eadem
             ratio
             eadem
             lex
          
           ,
           that
           a
           parity
           of
           reason
           in
           one
           Law
           or
           Case
           ,
           may
           be
           the
           foundation
           of
           a
           like
           Law
           in
           another
           ;
           and
           that
           other
           maxime
           of
           Law
           ,
           
             Qui
             non
             habet
             in
             Aere
             ●uat
             in
             corpore
             ,
          
           Where
           a
           man
           hath
           nothing
           in
           his
           purse
           to
           answer
           the
           Law
           ,
           he
           ought
           to
           suffer
           for
           it
           in
           his
           Body
           ,
           the
           punishment
           of
           Contempts
           of
           the
           authority
           of
           Courts
           of
           Justice
           ;
           and
           the
           securing
           of
           mens
           Debts
           ,
           where
           there
           is
           
             A
             suspitio
             fugae
          
           ,
           Any
           suspition
           ,
           likelyhood
           ,
           or
           signs
           of
           the
           Debtors
           running
           away
           (
           which
           the
           old
           Almans
           were
           so
           careful
           
           to
           prevent
           ,
           as
           that
           rather
           then
           fail
           they
           suffered
           the
           Plaintiffs
           themselves
           to
           take
           and
           imprison
           them
           )
           may
           be
           called
           in
           as
           Assistants
           ,
           to
           maintain
           the
           right
           reason
           and
           necessity
           of
           Writs
           of
           Capias
           ,
           and
           Outlary
           in
           matters
           of
           Debt
           ,
           and
           other
           the
           like
           personal
           Actions
           .
        
         
           And
           those
           very
           good
           effects
           of
           our
           said
           English
           Law
           proceedings
           ,
           and
           the
           consequences
           thereof
           ,
           and
           benefits
           ad●rewed
           thereby
           ,
           are
           and
           may
           be
           demonstrable
           by
           the
           less
           difficult
           way
           of
           borrowing
           money
           ,
           more
           safe
           lending
           of
           it
           ,
           and
           more
           speedy
           way
           of
           recovering
           ,
           and
           getting
           it
           in
           with
           little
           dammage
           and
           loss
           ,
           when
           in
           this
           last
           Century
           ,
           and
           present
           Age
           of
           about
           
             one
             hundred
             and
             fifty
             thousand
             Capias
             ,
          
           or
           Proces
           of
           Arrest
           and
           Outlary
           ,
           sued
           out
           or
           prosecuted
           in
           a
           year
           ,
           there
           are
           little
           more
           then
           
             one
             housand
          
           of
           them
           if
           so
           many
           so
           arrested
           or
           unbailable
           ,
           as
           to
           be
           carried
           to
           Prison
           ,
           or
           being
           destitute
           of
           Friends
           or
           Money
           ,
           do
           remain
           in
           Prison
           a
           quarter
           or
           half
           a
           year
           at
           the
           most
           ;
           or
           if
           any
           do
           continue
           any
           longer
           ,
           they
           are
           so
           very
           few
           in
           respect
           of
           the
           far
           greater
           number
           ,
           which
           were
           threatned
           or
           might
           have
           been
           
           there
           ;
           as
           if
           the
           Prisons
           of
           the
           
             Fleet
             ,
             Kings
             Bench
             ,
             Marchalsea
             ,
             Ludgate
             ,
          
           the
           Compters
           in
           
             London
             ,
             Newgate
          
           ,
           the
           Gatehouse
           at
           Westminster
           ,
           and
           the
           Counties
           ,
           and
           every
           other
           City
           Goals
           ,
           or
           Prisons
           belonging
           to
           Liberties
           in
           England
           and
           Wales
           ,
           shall
           be
           truly
           searched
           and
           examined
           ,
           either
           as
           to
           those
           who
           are
           actually
           in
           every
           of
           those
           Prisons
           ,
           or
           are
           out
           upon
           Writs
           of
           
             Habeas
             Corpus
          
           ;
           or
           how
           many
           new
           Prisoners
           are
           every
           year
           ,
           half
           year
           ,
           or
           quarter
           of
           a
           year
           brought
           in
           upon
           Actions
           of
           Debt
           ,
           Trespas
           ,
           or
           other
           Civil
           Actions
           ?
           And
           how
           long
           or
           little
           while
           they
           did
           or
           do
           there
           tarry
           the
           product
           of
           that
           accompt
           ,
           may
           truly
           testifie
           that
           the
           terrors
           ,
           and
           continual
           affrights
           ,
           and
           trouble
           of
           Arrests
           ,
           with
           the
           
             Tristis
             poenae
             expectatio
             paena
             molestior
          
           ,
           often
           sad
           apprehensions
           of
           the
           many
           inconveniences
           of
           imprisonment
           ,
           which
           do
           inevitably
           follow
           as
           to
           the
           Charges
           ,
           loss
           of
           Estate
           and
           Credit
           ,
           do
           so
           summon
           and
           call
           together
           all
           their
           cares
           ,
           and
           so
           gently
           and
           best
           of
           all
           conduce
           to
           the
           ends
           of
           Justice
           ;
           and
           those
           that
           seek
           it
           ,
           as
           it
           verifies
           and
           gives
           us
           the
           benefit
           and
           right
           use
           of
           that
           moderation
           ,
           and
           care
           of
           our
           Laws
           in
           that
           rule
           and
           maxime
           of
           it
           ,
           
           to
           threaten
           more
           then
           execute
           
             ut
             metus
             ad
             omnes
             poena
             ad
             pauco●
             ,
          
           that
           the
           punishment
           of
           a
           few
           may
           operate
           as
           much
           as
           if
           all
           did
           partake
           thereof
           ;
           the
           affright
           being
           most
           commonly
           that
           which
           makes
           the
           suffering
           to
           be
           so
           disproportionate
           ,
           and
           less
           then
           what
           was
           necessarily
           or
           otherwise
           threatned
           .
        
         
           For
           if
           
             four
             thousand
          
           Writs
           of
           Exigent
           be
           awarded
           ,
           and
           issued
           out
           of
           the
           Court
           of
           
             Common
             Pleas
          
           in
           the
           year
           1674.
           which
           is
           very
           near
           an
           exact
           accompt
           taken
           thereof
           ,
           not
           much
           above
           
             one
             thousand
          
           of
           them
           do
           come
           to
           be
           returned
           ,
           filed
           ,
           or
           outlawed
           :
           But
           the
           residue
           ,
           and
           those
           very
           many
           which
           are
           not
           ,
           are
           either
           stayed
           by
           Agreements
           ,
           or
           Retraxits
           ,
           and
           Complyance
           betwixt
           the
           Attorneys
           ,
           or
           in
           order
           to
           appearances
           upon
           
             new
             Originals
          
           ,
           without
           returning
           and
           filing
           the
           Writs
           of
           Exigent
           :
           And
           may
           be
           taken
           to
           be
           no
           fancied
           Calculation
           ,
           when
           the
           number
           of
           all
           the
           
             Capias
             utlegatums
          
           ,
           special
           or
           general
           ,
           made
           by
           the
           Clark
           of
           the
           Outlaries
           in
           the
           year
           1674.
           were
           no
           more
           then
           1034.
           the
           Outlaries
           reversed
           no
           more
           then
           27.
           
           
           And
           the
           Outlaries
           certified
           into
           the
           Exchequer
           no
           more
           then
           sixteen
           .
           And
           all
           the
           Prisoners
           that
           were
           for
           Debt
           ,
           and
           other
           actions
           not
           Criminal
           ,
           in
           the
           Prison
           of
           the
           Kings
           Bench
           (
           being
           the
           greatest
           in
           England
           and
           Wales
           )
           either
           in
           the
           Prison
           or
           the
           Rules
           ,
           or
           abroad
           by
           Writs
           of
           
             Habeas
             Corpus
          
           ,
           the
           third
           day
           of
           May
           1653.
           were
           under
           the
           hand
           of
           Sir
           
             John
             Lenthal
          
           Knight
           ,
           Marshal
           of
           the
           Court
           of
           Kings
           Bench
           ,
           with
           the
           several
           times
           of
           their
           Commitments
           ,
           certified
           upon
           the
           special
           order
           and
           command
           of
           the
           then
           
             miscalled
             Parliament
          
           ,
           to
           be
           no
           more
           then
           three
           hundred
           ninety
           one
           ;
           of
           which
           there
           appears
           to
           have
           been
           committed
           in
           the
           year
           1616
           ,
           —
           but
           —
           one
           .
           In
           the
           year
           1631-one
           .
           In
           the
           year
           1633
           —
           one
           .
           In
           the
           year
           1636
           —
           one
           .
           In
           the
           year
           1637-one
           .
           In
           the
           year
           1638-one
           .
           In
           the
           year
           1639-one
           .
           In
           the
           year
           1640
           —
           nine
           .
           In
           the
           year
           1641
           —
           five
           .
           In
           the
           year
           1642
           —
           two
           .
           In
           the
           year
           1643
           —
           three
           .
           In
           the
           year
           1644
           —
           four
           .
           In
           the
           year
           1645
           —
           seven
           .
           In
           the
           year
           1646
           —
           fourteen
           .
           In
           the
           year
           1647
           —
           fiveteen
           .
           In
           the
           year
           1648
           —
           twelve
           .
           In
           the
           year
           
           1649
           —
           fourty-six
           .
           In
           the
           year
           1650
           —
           thirty-two
           .
           In
           the
           year
           1651-fourty-one
           .
           In
           the
           year
           1652
           —
           one
           hundred
           thirty
           .
           And
           in
           the
           year
           1653
           —
           fourteen
           .
        
         
           And
           it
           must
           needs
           then
           be
           a
           wonder
           ,
           and
           none
           of
           the
           smaller
           sort
           or
           size
           of
           wonders
           ,
           how
           or
           upon
           what
           ground
           ,
           cause
           ,
           or
           reason
           ,
           that
           so
           very
           ancient
           ,
           rational
           ,
           legal
           ,
           necessary
           and
           useful
           way
           of
           Capias
           ,
           Proces
           and
           Outlary
           ,
           derived
           and
           deduced
           from
           the
           Laws
           of
           God
           ,
           Nature
           ,
           and
           Nations
           ,
           should
           either
           deserve
           or
           come
           into
           so
           ill
           an
           opinion
           with
           some
           of
           the
           People
           ,
           or
           that
           it
           should
           be
           called
           or
           understood
           to
           be
           an
           
             Illegal
             ,
             Iron
             sharp
             and
             cruel
             ,
             Law
             ,
             a
             Tyranny
             ,
             thraldom
             ,
             mischief
             ,
             slavery
             ,
             lamentable
             bondage
             ,
             terror
             ,
             and
             sorrow
             of
             heart
             ,
             and
             utter
             ruin●
             of
             the
             free
             born
             People
             of
             this
             Nation
             ,
             founded
             upon
             a
             misconstruction
             ,
             and
             inadvertency
             of
             the
             genuine
             sense
             of
             the
             Common
             Law
             it self
             ,
             and
             contrary
             to
             thirty
             Acts
             of
             Parliament
             ,
             made
             in
             Confirmation
             of
             Magna
             Charta
          
           ;
           or
           should
           be
           repealed
           by
           the
           Act
           of
           Parliament
           ,
           made
           in
           the
           28th
           .
           year
           of
           the
           Reign
           of
           King
           
             E.
             3.
             ca.
          
           3.
           and
           by
           the
           Statute
           of
           42.
           
           E.
           3.
           
           〈◊〉
           3.
           
           Or
           should
           
           now
           in
           its
           old
           age
           have
           no
           better
           a
           title
           then
           a
           grievance
           ;
           and
           those
           unjust
           Rabsheka
           railing
           reproaches
           ,
           (
           when
           it
           hath
           been
           helpful
           to
           multitudes
           of
           men
           in
           several
           Ages
           )
           cast
           upon
           it
           .
        
      
       
         
           CHAP.
           X.
           The
           way
           of
           Capias
           and
           Arrest
           is
           no
           oppression
           or
           Tyranny
           exercised
           upon
           the
           People
           ,
           since
           the
           making
           of
           the
           Statute
           of
           25
           E.
           3.
           ca.
           17.
           or
           hath
           been
           hitherto
           ,
           or
           may
           be
           destructive
           to
           their
           liberties
           .
        
         
           WHen
           as
           Tyranny
           in
           the
           known
           and
           general
           definition
           and
           understanding
           of
           it
           ,
           is
           a
           cruelty
           or
           power
           executed
           by
           one
           or
           more
           at
           pleasure
           ,
           contrary
           to
           Laws
           Divine
           and
           Humane
           ,
           and
           inconsistent
           with
           the
           Laws
           of
           that
           Place
           or
           Country
           wherein
           it
           is
           exercised
           :
           For
           Laws
           do
           or
           at
           the
           least
           should
           intend
           to
           prohibit
           things
           unjust
           ,
           and
           to
           order
           things
           good
           and
           useful
           ,
           for
           that
           People
           and
           Nation
           unto
           which
           they
           are
           applied
           :
           The
           intent
           of
           a
           virtuous
           
           and
           good
           Lawmaker
           being
           as
           Aristotle
           saith
           ,
           To
           make
           the
           People
           good
           ,
           and
           conduct
           them
           to
           virtue
           .
        
         
           Or
           how
           it
           can
           be
           called
           Tyranny
           ,
           when
           it
           is
           no
           less
           then
           right
           reason
           ,
           which
           should
           be
           the
           Parent
           and
           Director
           of
           all
           Justice
           ,
           when
           as
           God
           himself
           the
           most
           just
           and
           rational
           Law-giver
           ,
           the
           Watch-man
           of
           Israel
           ,
           and
           the
           Keeper
           of
           the
           liberties
           thereof
           ,
           
           that
           gave
           unto
           Mankind
           a
           reasonable
           Soul
           ,
           and
           that
           great
           blessing
           of
           reason
           ,
           which
           is
           the
           
             Divini
             luminis
             radius
          
           ,
           A
           beam
           or
           ray
           of
           his
           own
           Excellency
           ,
           did
           in
           the
           Laws
           ,
           which
           he
           gave
           to
           Moses
           when
           he
           talked
           with
           him
           ,
           enact
           and
           ordain
           ,
           That
           
             if
             a
             man
             shall
             deliver
             unto
             his
             Neighbour
             money
             or
             stuff
             to
             keep
             ,
             and
             it
             be
             stoln
             ,
             and
             the
             Thief
             be
             not
             found
             ,
             the
             Master
             of
             the
             house
             shall
             be
             brought
             unto
             the
             Judges
             to
             see
             whether
             he
             hath
             put
             his
             hands
             upon
             his
             Neighbours
             Goods
          
           (
           which
           was
           nothing
           less
           then
           an
           Arrest
           .
           )
        
         
           The
           Law
           of
           Nature
           that
           giveth
           every
           man
           leave
           ,
           and
           enjoyneth
           them
           to
           work
           rather
           then
           to
           be
           idle
           and
           want
           ,
           allows
           them
           not
           to
           hinder
           publick
           good
           ,
           or
           disturb
           the
           Rules
           of
           Civil
           Society
           ,
           and
           work
           
           within
           the
           City
           of
           London
           or
           the
           Liberties
           thereof
           ,
           if
           they
           be
           not
           thereunto
           authorized
           as
           Free-men
           of
           the
           said
           City
           ;
           or
           was
           it
           an
           oppression
           by
           an
           Act
           of
           Parliament
           ,
           as
           King
           Edward
           the
           3.
           did
           in
           the
           25th
           .
           year
           of
           his
           Reign
           ?
           to
           limit
           Artificers
           ,
           Labourers
           and
           Servants
           wages
           ;
           or
           as
           Queen
           Elizabeth
           did
           by
           an
           Act
           of
           Parliament
           ,
           yet
           in
           force
           and
           unrepealed
           ,
           made
           in
           the
           5th
           .
           year
           of
           her
           Reign
           ;
           or
           when
           King
           Henry
           the
           8th
           .
           did
           limit
           the
           price
           of
           Victuals
           and
           Houshold
           Provisions
           by
           an
           Act
           of
           Parliament
           ,
           made
           in
           the
           25th
           .
           year
           of
           his
           Reign
           ;
           or
           an
           oppression
           of
           the
           People
           by
           Sumptuary
           Laws
           for
           Apparel
           ,
           made
           in
           his
           Reign
           ,
           and
           of
           his
           Daughter
           Queen
           
           Mary's
           ,
           which
           otherwise
           in
           a
           private
           man
           according
           to
           the
           bent
           and
           rules
           of
           Nature
           ,
           giving
           every
           one
           a
           liberty
           
             In
             rebus
             licitis
             &
             non
             prohibitis
             ,
          
           in
           thing
           lawful
           ,
           not
           sinful
           and
           consistent
           with
           the
           Laws
           of
           publick
           good
           and
           Civil
           Society
           ,
           would
           have
           been
           within
           the
           freedom
           and
           dispose
           of
           his
           own
           will.
           
        
         
           Neither
           do
           the
           People
           of
           Spain
           and
           Italy
           ,
           in
           their
           submission
           to
           a
           Banda
           or
           Rate
           ,
           imposed
           upon
           the
           Sellers
           of
           Victuals
           and
           
           Houshold
           Provisions
           ;
           or
           the
           Natives
           of
           
             France
             ,
             Spain
          
           ,
           and
           the
           elective
           Kingdom
           of
           Sweden
           think
           themselves
           to
           be
           too
           much
           ,
           or
           any
           thing
           at
           all
           abridged
           of
           their
           natural
           liberty
           ,
           by
           yielding
           for
           publick
           good
           a
           just
           obedience
           to
           their
           Sumptuary
           Laws
           ,
           lately
           made
           and
           ordained
           .
        
         
           For
           there
           is
           no
           Law
           extant
           of
           this
           Nation
           so
           made
           ,
           but
           the
           Subjects
           might
           chuse
           to
           incur
           the
           penalty
           or
           hardship
           of
           it
           ,
           or
           if
           they
           should
           happen
           to
           be
           too
           severe
           or
           unfit
           ,
           or
           not
           so
           necessary
           ,
           convenient
           ,
           or
           useful
           ,
           as
           was
           intended
           or
           expected
           ;
           or
           like
           unto
           some
           of
           the
           Laws
           of
           the
           Medes
           and
           Persians
           ,
           which
           were
           said
           to
           be
           irrevocable
           ,
           but
           the
           People
           had
           by
           the
           grace
           and
           favour
           of
           the
           Soveraign
           ,
           a
           remedy
           by
           Parliament
           to
           abrogate
           ,
           repeal
           ,
           explain
           or
           amend
           them
           by
           substracting
           of
           some
           clause
           ,
           or
           adding
           some
           other
           unto
           it
           ;
           for
           liberties
           are
           both
           by
           Civil
           and
           Common
           Law
           defined
           to
           be
           of
           things
           not
           forbidden
           ,
           
           otherwise
           
             vaga
             liber●●
             as
          
           may
           quickly
           come
           to
           be
           
             misera
             servitus
          
           ,
           and
           bring
           those
           that
           would
           use
           an
           unbounded
           liberty
           ,
           where
           it
           shall
           meet
           either
           with
           Laws
           or
           a
           greater
           
           force
           ,
           into
           a
           most
           miserable
           slavery
           .
        
         
           And
           therefore
           just
           liberties
           do
           by
           our
           Common
           Laws
           ,
           
           saith
           Sir
           
             Edward
             Coke
          
           ,
           signifie
           the
           Laws
           of
           the
           Land
           :
           And
           that
           which
           is
           the
           Law
           ,
           cannot
           be
           called
           Tyranny
           ;
           nor
           that
           which
           is
           against
           the
           Law
           ,
           liberty
           :
           And
           that
           ancient
           manner
           of
           Trial
           for
           those
           who
           were
           criminally
           accused
           ,
           called
           
             Fire
             ordeal
          
           (
           which
           ordained
           the
           Partie
           suspected
           to
           walk
           blindfold
           over
           certain
           Plow-shares
           of
           Iron
           heated
           red
           hot
           ,
           laid
           at
           a
           distance
           one
           from
           another
           ,
           
           and
           if
           the
           Party
           did
           not
           touch
           any
           of
           them
           ,
           or
           treading
           upon
           them
           received
           no
           harm
           ,
           he
           was
           declared
           to
           be
           innocent
           )
           coming
           into
           this
           Land
           with
           the
           Eazons
           ;
           and
           the
           Law
           of
           Trial
           of
           Titles
           by
           Battle
           or
           Duel
           ,
           continuing
           here
           long
           after
           the
           Norman
           Conquest
           ,
           and
           to
           this
           day
           in
           force
           in
           certain
           doubtful
           cases
           ,
           though
           they
           had
           very
           much
           of
           blood
           and
           cruelty
           in
           them
           ,
           could
           be
           suffered
           to
           wear
           out
           into
           better
           Laws
           ,
           and
           yet
           be
           obeyed
           as
           Laws
           ,
           whilst
           they
           were
           such
           ;
           the
           Law
           of
           torturing
           or
           pressing
           such
           men
           to
           death
           in
           case
           of
           Felony
           ,
           as
           will
           not
           plead●
           or
           do
           refuse
           to
           be
           tryed
           by
           a
           Jury
           ,
           to
           be
           so
           many
           houres
           
           in
           dying
           ,
           
           and
           have
           no
           other
           drink
           but
           Kennel-water
           ▪
           hath
           enough
           of
           horror
           in
           it
           to
           be
           found
           fault
           with
           ,
           if
           it
           were
           not
           the
           Law
           ,
           and
           the
           only
           means
           to
           preserve
           the
           Authority
           of
           Laws
           and
           Judicature
           ,
           and
           there
           were
           not
           toom
           enough
           for
           men
           to
           avoid
           that
           direful
           way
           of
           punishment
           .
        
         
           For
           there
           was
           never
           since
           the
           blessing
           of
           Laws
           ,
           Magistracy
           and
           Government
           came
           into
           the
           World
           ,
           any
           legal
           liberty
           not
           to
           appear
           in
           Judgment
           ,
           or
           not
           to
           be
           compelled
           to
           do
           right
           one
           unto
           another
           by
           Judges
           ,
           and
           those
           that
           were
           in
           Authority
           commissionated
           by
           their
           Superiours
           And
           if
           ever
           there
           had
           been
           such
           a
           liberty
           ,
           it
           may
           be
           renounced
           or
           released
           by
           our
           own
           Acts
           ,
           as
           in
           the
           entring
           into
           Bonds
           and
           Contracts
           one
           with
           another
           ,
           wherein
           we
           oblige
           our selves
           to
           the
           performance
           of
           any
           thing
           ,
           which
           the
           Laws
           of
           God
           and
           Nature
           do
           demand
           of
           us
           ,
           
           the
           Obligees
           may
           dispense
           with
           it
           :
           And
           if
           the
           Law
           of
           Nature
           could
           have
           given
           us
           such
           a
           vast
           liberty
           ,
           as
           some
           would
           pretend
           a
           right
           unto
           ,
           the
           same
           Law
           of
           Nature
           doth
           in
           civil
           Conversation
           and
           Society
           give
           us
           a
           power
           sufficient
           to
           restrain
           it
           ,
           and
           
           make
           that
           which
           at
           the
           first
           was
           
             merae
             voluntatis
          
           in
           our
           own
           wills
           ,
           to
           be
           
             postea
             necessitatis
          
           a
           necessity
           ,
           and
           out
           of
           any
           supposed
           freedom
           of
           our
           own
           wills
           or
           the
           power
           thereof
           .
        
         
           Neither
           can
           any
           man
           by
           any
           rule
           of
           Law
           charge
           our
           Laws
           with
           oppression
           ,
           because
           positive
           ,
           or
           made
           in
           terror
           ,
           or
           binding
           to
           strict
           rules
           ,
           to
           avoid
           arbitrarines
           or
           oppression
           in
           the
           Judges
           ,
           or
           rigour
           and
           severity
           (
           as
           in
           some
           particular
           mans
           case
           ,
           they
           may
           happen
           to
           be
           by
           an
           abuse
           of
           them
           )
           but
           the
           fault
           is
           rather
           to
           be
           laid
           at
           the
           doors
           of
           those
           who
           do
           violate
           and
           break
           them
           .
        
         
           For
           an
           unlimited
           or
           absolute
           liberty
           ,
           and
           the
           
             liberty
             of
             the
             Subject
          
           are
           each
           unto
           other
           contradictory
           ,
           and
           there
           are
           no
           Laws
           but
           do
           retrench
           ,
           or
           take
           away
           some
           liberty
           which
           People
           had
           or
           took
           to
           do
           ill
           ,
           or
           might
           be
           inconvenient
           to
           the
           publick
           good
           :
           For
           God
           the
           greatest
           and
           wisest
           of
           all
           Legislative
           Powers
           ,
           did
           put
           the
           Jews
           who
           were
           ,
           as
           he
           saith
           himself
           ,
           as
           the
           
             Bracelet
             upon
             his
             arm
             ,
             and
             the
             signet
             upon
             his
             right
             hand
             ,
          
           under
           a
           Law
           of
           fourty
           stripes
           ,
           and
           of
           
             death
             if
             they
             disobeyed
             the
             Sentence
             of
             the
             
             Judge
             .
          
           And
           yet
           we
           do
           find
           them
           in
           their
           Generations
           above
           two
           rhousand
           years
           ,
           after
           in
           such
           an
           opinion
           of
           their
           freedom
           ,
           as
           they
           thought
           nothing
           could
           be
           added
           unto
           it
           ;
           saying
           they
           were
           of
           the
           Seed
           of
           Abraham
           ,
           and
           
             under
             no
             Bondage
          
           ,
           and
           are
           yet
           above
           sixteen
           hundred
           years
           since
           bragging
           of
           those
           their
           Laws
           .
        
         
           When
           David
           had
           slain
           Goliah
           ,
           and
           might
           justly
           have
           expected
           the
           reward
           ,
           of
           having
           
             his
             Fathers
             House
             to
             be
             made
             free
             in
             Israel
             ,
          
           as
           some
           of
           the
           promised
           rewards
           ,
           he
           did
           not
           when
           he
           durst
           not
           lift
           up
           his
           hand
           against
           the
           Lords
           Anointed
           ,
           
           believe
           it
           to
           have
           been
           such
           a
           freedom
           ,
           as
           might
           exempt
           him
           from
           the
           duty
           of
           a
           Subject
           .
           When
           our
           King
           Athelstan
           by
           his
           Charter
           gave
           Lands
           to
           St.
           Wilfrid
           ,
           
           and
           the
           Church
           of
           Rippon
           in
           Yorkshire
           ,
           in
           the
           words
           ,
           
             Al
             's
             frelich
             as
             I
             may
             ,
             and
             in
             all
             things
             be
             al
             's
             free
             as
             Hert
             may
             think
             ,
             or
             eych
             may
             se.
          
           And
           King
           William
           the
           Conquerour
           granted
           the
           Earldom
           of
           Chester
           ,
           
           to
           his
           Nephew
           
             Hugh
             Lupus
             ,
             Tenendum
             sibi
             &
             haeredibus
             ita
             libere
             ad
             gladium
             ,
             sicut
             ipse
             totam
             tenebat
             Angliam
             ad
             Coronam
             ,
          
           to
           him
           and
           his
           Heirs
           ,
           to
           be
           
           holden
           as
           freely
           by
           the
           Sword
           ,
           as
           he
           did
           himself
           hold
           England
           and
           the
           Crown
           thereof
           :
           Those
           very
           large
           Grants
           did
           neither
           free
           the
           Lands
           so
           given
           to
           St.
           Wilfrid
           ,
           and
           the
           Church
           of
           Rippon
           ,
           and
           that
           Earldom
           to
           the
           Earl
           of
           Chester
           unsubject
           the
           Owners
           ,
           or
           give
           either
           of
           them
           (
           as
           our
           Records
           and
           Law-Books
           in
           the
           course
           of
           the
           after
           Ages
           will
           testifie
           )
           any
           liberty
           not
           to
           appear
           upon
           any
           Summons
           to
           the
           Courts
           of
           Justice
           ,
           of
           our
           Kings
           and
           Princes
           :
           For
           
             legalis
             &
             liber
             homo
          
           ,
           
           saith
           Sir
           
             Henry
             Spelman
          
           ,
           hath
           in
           our
           Laws
           no
           other
           signification
           then
           ,
           
             Qui
             stat
             rectus
             in
             Curia
             non
             exlex
             ,
             seu
             utlagatus
             non
             excommunicatus
             vel
             infamis
             ,
          
           &c.
           
             sed
             qui
             in
             lege
             postulet
             vel
             postuletur
             ,
          
           who
           standeth
           right
           in
           the
           Kings
           Court
           is
           not
           outlawed
           ,
           excommunicated
           or
           infamous
           ,
           but
           may
           at
           Law
           sue
           and
           be
           sued
           .
        
         
           And
           it
           cannot
           be
           denyed
           ,
           but
           that
           in
           order
           to
           Justice
           a
           Summons
           or
           citation
           only
           might
           be
           sufficient
           ,
           and
           would
           certainly
           be
           most
           consonant
           to
           the
           ease
           and
           liberty
           of
           the
           People
           ,
           if
           they
           were
           or
           could
           be
           so
           of
           one
           mind
           or
           inclination
           to
           Justice
           ,
           as
           to
           obey
           the
           first
           Summons
           ,
           either
           of
           the
           Parties
           
           complaining
           ,
           or
           the
           Courts
           of
           Justice
           commanding
           ,
           or
           not
           make
           excuses
           or
           delayes
           ,
           hide
           themselves
           or
           run
           away
           ,
           or
           be
           loath
           to
           come
           to
           it
           ,
           be
           so
           of
           one
           kind
           of
           affaires
           and
           business
           as
           never
           or
           seldom
           to
           be
           absent
           ,
           so
           alwayes
           provided
           of
           their
           Councel
           ,
           Witnesses
           and
           Evidences
           ,
           as
           not
           to
           need
           any
           further
           time
           to
           make
           their
           necessary
           deffences
           ,
           and
           to
           be
           of
           so
           much
           sufficiency
           of
           estate
           ,
           as
           to
           have
           wherewithal
           to
           make
           a
           speedy
           answer
           or
           satisfaction
           :
           And
           that
           there
           were
           no
           such
           pravity
           or
           incertainty
           in
           the
           wills
           and
           actions
           of
           men
           ,
           as
           that
           the
           Creditor
           would
           be
           alwayes
           sure
           to
           demand
           no
           more
           then
           what
           should
           be
           just
           ,
           and
           shew
           as
           much
           mercy
           ,
           if
           there
           should
           be
           occasion
           for
           it
           ,
           as
           the
           Debtor
           should
           have
           need
           of
           ,
           and
           that
           every
           man
           would
           be
           as
           willing
           to
           do
           right
           one
           unto
           another
           ,
           as
           it
           should
           be
           asked
           or
           demanded
           of
           him
           .
        
         
           But
           that
           being
           not
           to
           be
           found
           in
           too
           many
           of
           the
           Sons
           of
           men
           ,
           or
           the
           smallest
           Societies
           ,
           nor
           was
           alwayes
           or
           is
           likely
           to
           be
           in
           the
           subluna●y
           and
           lapsed
           condition
           of
           mankind
           ,
           some
           kind
           of
           compulsion
           was
           
           necessary
           ,
           and
           a
           lesser
           then
           what
           is
           now
           ,
           or
           hath
           been
           most
           anciently
           practised
           ,
           could
           not
           be
           to
           any
           purpose
           ,
           unless
           we
           could
           content
           our selves
           ,
           and
           take
           that
           to
           be
           a
           happiness
           (
           which
           would
           certainly
           never
           prove
           to
           be
           any
           to
           have
           Justice
           (
           which
           next
           to
           the
           Creation
           ,
           and
           the
           mercy
           of
           all
           mercies
           ,
           the
           Redemption
           of
           mankind
           ,
           and
           the
           Divine
           Protection
           and
           Providence
           ,
           is
           one
           of
           the
           greatest
           blessings
           which
           was
           ever
           imparted
           by
           God
           unto
           it
           ,
           and
           as
           to
           the
           continual
           guard
           and
           preservation
           of
           our
           lives
           ,
           liberties
           and
           estates
           is
           more
           necessary
           ,
           and
           less
           to
           be
           wanted
           then
           our
           food
           ,
           apparel
           ,
           houses
           or
           places
           of
           rest
           ,
           and
           is
           the
           great
           support
           of
           the
           being
           ,
           and
           well
           being
           of
           all
           humane
           Societies
           )
           to
           be
           a
           meer
           speculation
           or
           empty
           word
           ,
           for
           Schollars
           only
           to
           dispute
           of
           in
           the
           Schools
           of
           Ethiques
           ;
           Or
           sit
           like
           Old
           Ely
           in
           a
           Chair
           ,
           with
           
             Why
             do
             you
             so
             my
             Sons
             ?
          
           and
           permit
           every
           man
           to
           deceive
           ,
           &
           mischief
           one
           another
           ,
           and
           render
           the
           Justice
           of
           the
           Nation
           to
           be
           nugatory
           ,
           for
           the
           restraint
           now
           used
           of
           the
           Body
           of
           a
           Defendant
           ,
           refusing
           to
           appear
           voluntarily
           ,
           or
           upon
           a
           Summons
           or
           Citation
           ,
           is
           not
           
             in
             vinculis
          
           or
           Cippis
           ,
           
           in
           Chains
           or
           Fetters
           ,
           not
           
             ad
             poenam
          
           but
           
             ad
             Cautionem
          
           ,
           and
           in
           so
           moderate
           and
           gentle
           a
           manner
           ,
           and
           lessening
           of
           their
           liberty
           as
           it
           is
           but
           temporary
           ,
           and
           when
           so
           done
           ,
           is
           but
           after
           many
           delayes
           ,
           threatnings
           ,
           warnings
           and
           forbearings
           ,
           and
           most
           commonly
           occasioned
           by
           their
           own
           default
           ,
           or
           some
           long
           abuse
           of
           the
           Plaintiffs
           patience
           ,
           and
           such
           a
           remedy
           or
           course
           taken
           ,
           is
           no
           more
           ,
           if
           rightly
           interpreted
           ,
           then
           what
           common
           and
           right
           reason
           ,
           necessity
           ,
           and
           endeavour
           of
           right
           to
           be
           done
           did
           require
           .
           And
           when
           it
           is
           but
           
             Majoris
             mali
             vitandi
             causa
          
           ,
           to
           avoid
           greater
           evils
           ,
           is
           so
           little
           in
           derogation
           of
           publick
           liberty
           ,
           as
           although
           it
           may
           for
           a
           time
           be
           something
           prejudicial
           to
           some
           particular
           man
           ,
           it
           proves
           many
           times
           to
           be
           a
           special
           help
           unto
           many
           men
           ,
           to
           recover
           their
           Debts
           or
           Money
           due
           unto
           them
           ,
           the
           want
           whereof
           might
           otherwise
           be
           a
           cause
           of
           their
           own
           imprisonment
           .
        
         
           And
           so
           long
           as
           any
           man
           is
           a
           Member
           of
           a
           Common-wealth
           ,
           
           his
           liberty
           is
           to
           attend
           or
           depend
           upon
           the
           good
           of
           that
           Common-wealth
           ,
           otherwise
           he
           may
           claim
           a
           liberty
           as
           a
           Free-man
           ,
           but
           not
           as
           an
           English-man
           .
        
         
         
           Nor
           could
           our
           Fore-fathers
           in
           the
           necessity
           of
           bringing
           ,
           or
           compelling
           men
           to
           appear
           in
           Judgment
           ,
           as
           well
           as
           of
           the
           preservation
           of
           the
           alwayes
           very
           necessary
           Power
           ,
           Authority
           and
           Jurisdiction
           of
           Courts
           of
           Justice
           ,
           which
           do
           order
           and
           direct
           it
           ever
           ,
           tell
           how
           to
           imagine
           that
           it
           should
           be
           understood
           to
           be
           a
           Tyranny
           ,
           to
           arrest
           ,
           attach
           or
           imprison
           such
           as
           should
           refuse
           to
           appear
           upon
           the
           Summons
           ,
           or
           Proces
           of
           a
           Court
           of
           Justice
           ,
           or
           be
           fugitive
           or
           like
           to
           run
           away
           ,
           or
           that
           it
           ever
           was
           or
           can
           be
           deemed
           to
           be
           an
           oppression
           ,
           to
           enforce
           such
           Persons
           in
           a
           legal
           and
           orderly
           way
           to
           pay
           their
           Debts
           ,
           and
           do
           that
           which
           God
           commandeth
           them
           to
           do
           ,
           and
           hath
           no
           less
           Justice
           or
           conscience
           in
           it
           ,
           then
           to
           be
           constrained
           to
           do
           right
           one
           unto
           another
           ,
           
           perform
           Covenants
           and
           Promises
           ,
           and
           obey
           Magistrates
           and
           Laws
           in
           force
           ,
           when
           the
           Book
           and
           Dictates
           of
           God
           himself
           ,
           do
           accompt
           a
           Man
           wicked
           ,
           that
           borroweth
           and
           payeth
           not
           ,
           and
           the
           wilful
           deceiving
           of
           Men
           ,
           in
           the
           not
           paying
           of
           Money
           due
           unto
           them
           ,
           or
           not
           performing
           of
           Promises
           ,
           is
           by
           good
           Divines
           and
           Expositors
           conceived
           
           to
           be
           a
           kind
           of
           theft
           ,
           and
           reckoned
           to
           be
           within
           the
           meaning
           of
           the
           Eight
           Commandment
           ,
           
           and
           to
           be
           numbred
           amongst
           the
           breaches
           and
           transgressions
           of
           it
           ;
           and
           it
           is
           no
           Tyranny
           by
           the
           Law
           of
           Nature
           ,
           for
           a
           Man
           to
           stay
           or
           lay
           hold
           of
           one
           who
           is
           running
           away
           with
           his
           Money
           or
           Goods
           ,
           or
           for
           a
           Judge
           by
           the
           Common
           Law
           of
           England
           ,
           to
           commit
           such
           as
           misbehave
           themselves
           by
           word
           or
           gesture
           ,
           in
           their
           presence
           or
           a
           Court
           of
           Justice
           ,
           or
           for
           a
           Creditor
           by
           the
           Civil
           Law
           ,
           to
           Arrest
           or
           stay
           his
           Debtor
           ,
           if
           he
           be
           running
           away
           before
           he
           can
           get
           a
           Warrant
           or
           Proces
           from
           a
           Judge
           .
           
           To
           punish
           Souldiers
           with
           death
           by
           the
           Law
           Military
           ,
           for
           running
           away
           from
           their
           Colours
           ,
           stragling
           in
           their
           March
           ,
           or
           going
           above
           a
           Mile
           from
           the
           Army
           without
           licence
           ;
           to
           Arrest
           or
           Imprison
           such
           as
           resort
           to
           unlawful
           Games
           ,
           
           until
           they
           shall
           find
           Sureties
           ,
           no
           longer
           to
           use
           or
           haunt
           any
           place
           where
           such
           unlawful
           Games
           are
           used
           ;
           or
           to
           imprison
           Collectors
           for
           the
           Poor
           ,
           refusing
           to
           accompt
           :
           And
           Sir
           
             Edward
             Coke
          
           in
           his
           Commentaries
           upon
           that
           part
           of
           
             Magna
             Charta
          
           ,
           
           saith
           that
           
           a
           Watchmans
           arresting
           a
           Night-walker
           ,
           or
           one
           that
           hath
           dangerously
           wounded
           another
           ,
           or
           that
           keepeth
           Company
           with
           a
           notorious
           Thief
           ,
           whereby
           he
           comes
           to
           be
           suspected
           is
           lawful
           ,
           and
           no
           breach
           of
           
             Magna
             Charta
          
           ,
           
           although
           it
           be
           done
           without
           the
           Warrant
           of
           a
           Writ
           .
        
         
           By
           what
           rule
           of
           right
           reason
           then
           shall
           so
           gentle
           ,
           and
           necessary
           a
           course
           or
           way
           of
           compelling
           Men
           by
           Proces
           of
           Arrest
           ,
           to
           appear
           in
           a
           Court
           of
           Justice
           ,
           in
           order
           to
           a
           Sentence
           or
           Judgment
           ,
           when
           he
           may
           be
           bailed
           ,
           be
           styled
           a
           Tyranny
           or
           Oppression
           ?
           When
           it
           shall
           not
           be
           so
           called
           or
           esteemed
           ,
           to
           take
           a
           Man
           in
           Execution
           for
           not
           obeying
           or
           performing
           a
           Judgement
           ,
           where
           he
           cannot
           be
           bailed
           ;
           or
           shall
           it
           be
           Tyranny
           to
           Arrest
           a
           Defendant
           ,
           to
           oblige
           him
           to
           appear
           in
           a
           Cause
           or
           Action
           Civil
           ,
           and
           none
           at
           all
           in
           a
           Criminal
           ?
           An
           Oppression
           or
           Tyranny
           to
           Arrest
           a
           Defendant
           ,
           to
           constrain
           him
           to
           appear
           in
           an
           Action
           of
           Debt
           ,
           and
           none
           at
           all
           in
           an
           Action
           of
           Trespas
           ?
           Nay
           ,
           rather
           is
           it
           not
           an
           Oppression
           ,
           to
           endeavour
           to
           defraud
           and
           injure
           Men
           ,
           detain
           their
           Estates
           and
           Livelyhoods
           ,
           withhold
           
           from
           the
           Poor
           and
           needy
           their
           right
           ,
           and
           undo
           the
           Widdows
           and
           Fatherless
           ,
           by
           keeping
           away
           the
           Money
           which
           should
           feed
           or
           keep
           them
           from
           starving
           ,
           without
           making
           satisfaction
           ?
           or
           shall
           it
           be
           no
           Tyranny
           to
           do
           the
           wrong
           ,
           but
           a
           Tyranny
           in
           a
           legal
           and
           ordinary
           manner
           ,
           or
           way
           to
           seek
           to
           be
           reliev●d
           against
           it
           ?
        
         
           Or
           how
           can
           it
           be
           justly
           accompted
           to
           be
           a
           Tyranny
           ,
           when
           no
           whereelse
           it
           hath
           been
           so
           esteemed
           ?
           but
           was
           so
           little
           believed
           to
           be
           a
           Tyranny
           or
           Oppression
           by
           other
           Nations
           ,
           or
           any
           thing
           less
           then
           right
           reason
           ,
           as
           they
           have
           not
           only
           made
           use
           of
           the
           Proces
           of
           Arrest
           ,
           and
           Imprisonment
           of
           the
           Body
           in
           Actions
           of
           Debt
           ,
           
           and
           other
           the
           like
           Personal
           Actions
           in
           these
           later
           Ages
           ,
           but
           long
           before
           the
           Incarnation
           of
           our
           blessed
           Saviour
           .
        
         
           The
           Athenians
           had
           their
           Bailiffs
           ,
           
           Serjeants
           ,
           and
           Apparitors
           to
           bring
           Defendants
           into
           their
           Courts
           of
           Justice
           ,
           and
           the
           Plaintiff
           might
           himself
           hale
           or
           draw
           the
           Defendant
           by
           force
           into
           the
           Court
           ,
           if
           he
           would
           not
           willingly
           come
           ;
           but
           if
           he
           could
           put
           in
           two
           sufficient
           Bail
           
           or
           Sureties
           ,
           he
           was
           dismissed
           .
        
         
           And
           howsoever
           there
           were
           at
           the
           first
           amongst
           them
           ,
           and
           the
           Men
           of
           Sparta
           some
           harsh
           and
           cruel
           way
           of
           scourging
           and
           whipping
           of
           Debtors
           ,
           and
           other
           punishments
           and
           levetities
           used
           ;
           and
           their
           Law-makers
           and
           Magistrates
           were
           much
           troubled
           ,
           to
           appease
           and
           reconcile
           the
           interests
           of
           the
           Creditors
           ,
           and
           necessities
           of
           the
           Debtors
           ,
           they
           could
           notwithstanding
           very
           well
           content
           themselves
           ,
           and
           think
           their
           liberties
           to
           be
           sufficiently
           provided
           for
           ,
           by
           this
           gentle
           and
           secure
           way
           of
           Proces
           ,
           to
           compel
           Defendants
           
             Judicio
             fisti
          
           ,
           to
           appear
           in
           Judgment
           .
        
      
       
         
         
           CHAP.
           XI
           .
           That
           the
           wisest
           of
           the
           Grecian
           Commonwealths
           Athens
           and
           Sparta
           ,
           those
           great
           Contenders
           for
           Liberty
           and
           Preserv●rs
           of
           it
           ,
           did
           in
           their
           establishments
           and
           Methods
           of
           Justice
           ,
           neither
           understand
           or
           suspect
           any
           Tyranny
           ,
           or
           Oppression
           to
           be
           in
           the
           necessary
           &
           moderate
           use
           of
           the
           Proces
           of
           Arrest
           .
        
         
           FOr
           the
           Usury
           being
           very
           great
           and
           excessive
           ,
           
           the
           Poor
           plowed
           the
           rich
           Mens
           Lands
           ,
           and
           yielded
           the
           rich
           Men
           a
           sixth
           part
           of
           their
           Crop
           ,
           for
           which
           cause
           they
           were
           called
           Hectemory
           ,
           and
           Servants
           ,
           borrowed
           Money
           at
           Interest
           upon
           Gage
           of
           their
           Bodies
           to
           serve
           it
           out
           ;
           and
           were
           by
           Law
           ,
           if
           they
           were
           not
           able
           to
           pay
           them
           ,
           delivered
           to
           their
           Creditors
           ,
           who
           kept
           them
           as
           Bond-men
           and
           Slaves
           in
           their
           Houses
           ,
           or
           sent
           them
           into
           strange
           Countries
           :
           Many
           for
           poverty
           sold
           their
           Childsen
           to
           their
           Creditors
           ,
           or
           were
           inforced
           to
           forsake
           their
           Country
           ;
           Parellel
           in
           many
           
           things
           or
           something
           near
           to
           that
           the
           Children
           of
           Israel
           had
           long
           before
           in
           Custom
           ,
           (
           for
           from
           the
           Phenicians
           ,
           or
           their
           learned
           Mens
           travails
           into
           Egypt
           ,
           they
           might
           have
           borrowed
           it
           )
           in
           the
           borrowing
           and
           lending
           of
           Money
           ,
           and
           forcing
           Men
           to
           perform
           their
           Contracts
           .
        
         
           So
           as
           there
           arising
           at
           Athens
           a
           great
           Sedition
           amongst
           the
           People
           ,
           to
           set
           the
           men
           indebted
           at
           liberty
           ,
           redeem
           those
           who
           were
           adjudged
           to
           be
           bond
           ,
           make
           a
           new
           division
           of
           Lands
           amongst
           them
           ,
           and
           to
           trun
           up
           the
           whole
           State
           and
           Government
           .
           Solon
           one
           of
           the
           wisest
           Legislators
           that
           many
           Ages
           before
           or
           after
           had
           met
           withal
           ,
           a
           contemporary
           with
           Jehojakim
           ,
           King
           of
           Juda
           or
           living
           very
           near
           the
           time
           of
           his
           Reign
           ,
           though
           unwilling
           to
           meddle
           ,
           or
           endeavour
           the
           appeasing
           of
           it
           ,
           because
           he
           feared
           the
           covetousness
           of
           the
           one
           part
           of
           the
           People
           ,
           and
           the
           arrogancy
           of
           the
           other
           ,
           was
           notwithstanding
           at
           the
           Request
           of
           the
           wisest
           Men
           of
           the
           City
           content
           to
           intermeddle
           in
           it
           ;
           and
           therefore
           after
           he
           had
           refused
           the
           Kingdom
           ,
           for
           fear
           of
           the
           name
           of
           Tyrant
           ,
           and
           was
           chosen
           Governour
           ,
           to
           be
           the
           Reformer
           
           of
           the
           rigour
           of
           the
           Laws
           ,
           and
           to
           be
           the
           Temperer
           of
           the
           State
           and
           Common-wealth
           ▪
           by
           consent
           and
           agreement
           of
           all
           Partier
           ordained
           ,
           That
           all
           manner
           of
           debts
           past
           should
           be
           cleared
           ;
           no
           man
           should
           ask
           his
           Debtor
           any
           thing
           for
           the
           time
           past
           ;
           nor
           lend
           Money
           to
           Usury
           upon
           Covenants
           ,
           for
           the
           Body
           to
           begaged
           for
           it
           ,
           and
           raised
           the
           value
           of
           the
           Money
           and
           the
           Pound
           of
           Silver
           ,
           which
           was
           seventy-three
           Drachmes
           ,
           up
           to
           a
           hundred
           .
        
         
           Which
           offended
           the
           Rich
           ,
           because
           they
           were
           enforced
           to
           cancel
           their
           Bonds
           ,
           and
           the
           Poor
           because
           all
           Lands
           and
           Possessions
           they
           gaped
           for
           ,
           were
           not
           made
           common
           ;
           yet
           notwithstanding
           shortly
           after
           having
           some
           tast
           of
           the
           benefits
           of
           his
           Ordinance
           ,
           they
           chose
           him
           General
           Reformer
           of
           the
           Law
           ,
           and
           of
           the
           whole
           State
           of
           the
           Common
           wealth
           ,
           without
           limitting
           his
           Power
           ;
           whereupon
           he
           having
           made
           many
           good
           Laws
           ,
           but
           finding
           some
           to
           praise
           them
           ,
           oehers
           mislike
           them
           ,
           and
           some
           coming
           daily
           to
           him
           to
           expound
           his
           meaning
           ▪
           and
           considering
           therefore
           how
           it
           would
           get
           him
           envy
           or
           ill
           will
           ,
           either
           to
           refuse
           or
           yield
           
           unto
           it
           ,
           resolved
           to
           get
           himself
           out
           of
           the
           People
           ,
           and
           to
           shun
           their
           groanings
           and
           complaints
           ,
           betook
           himself
           to
           be
           a
           Master
           of
           a
           Ship
           ,
           asking
           licence
           ,
           to
           retire
           himself
           for
           ten
           years
           beyond
           the
           Seas
           .
        
         
           But
           in
           his
           absence
           a
           great
           Sedition
           arising
           ,
           Pisistratus
           a
           Tyrant
           was
           made
           choice
           of
           by
           some
           of
           the
           People
           ;
           and
           the
           City
           notwithstanding
           they
           kept
           
           Solon's
           Laws
           and
           Ordinances
           ,
           desiring
           a
           change
           ,
           either
           Parties
           hoping
           their
           conditions
           would
           mend
           by
           it
           ,
           and
           that
           every
           of
           them
           should
           be
           better
           then
           their
           Adversaries
           .
           Solon
           returning
           ,
           speaks
           unto
           every
           one
           of
           the
           Heads
           of
           the
           Faction
           apart
           ,
           and
           tryes
           if
           he
           could
           reconcile
           them
           together
           ;
           but
           though
           he
           was
           much
           honoured
           and
           reverenced
           by
           the
           People
           ,
           seeing
           the
           Poor
           tumult
           ,
           and
           the
           Rich
           fled
           ,
           for
           that
           Pisistratus
           coming
           into
           the
           Market-place
           ,
           and
           feigning
           himself
           to
           be
           wounded
           by
           his
           Adversaries
           ,
           for
           that
           he
           stood
           with
           them
           about
           the
           Government
           of
           the
           Common-wealth
           ,
           had
           put
           the
           People
           into
           an
           uproar
           ,
           and
           obtained
           a
           Guard
           of
           fifty
           Halbardeers
           ,
           and
           a
           Mace
           to
           be
           
           carried
           before
           him
           ,
           and
           aspired
           to
           be
           King
           ,
           went
           home
           to
           his
           House
           ,
           took
           his
           Weapons
           laid
           them
           before
           his
           Gate
           in
           the
           midst
           of
           the
           Street
           ;
           said
           ,
           He
           had
           done
           all
           he
           could
           possible
           ,
           to
           defend
           the
           Laws
           and
           Liberties
           of
           his
           Country
           ;
           and
           from
           that
           time
           forward
           betook
           himself
           unto
           his
           ease
           ,
           and
           never
           more
           after
           dealt
           in
           matters
           of
           State
           of
           the
           Common-wealth
           .
        
         
           Very
           long
           after
           that
           (
           there
           being
           it
           seems
           no
           way
           or
           expedient
           in
           the
           mean
           time
           found
           out
           to
           take
           away
           that
           severity
           )
           upon
           complaints
           made
           to
           Lucullus
           ,
           
           who
           was
           Governour
           and
           Captain
           General
           for
           the
           Romans
           in
           those
           Parts
           ,
           that
           the
           Fathers
           were
           driven
           to
           sell
           their
           Sons
           &
           Daughters
           to
           pay
           Interest
           ,
           and
           yet
           were
           in
           the
           end
           adjudged
           to
           be
           Bondmen
           ,
           and
           Slaves
           to
           their
           cruel
           Creditors
           ,
           who
           imprisoned
           them
           set
           them
           on
           a
           rack
           ,
           or
           in
           the
           Stocks
           ,
           or
           upon
           a
           little
           brasen
           Horse
           ,
           and
           made
           them
           stand
           naked
           in
           the
           heat
           of
           Summer
           ,
           or
           cold
           of
           Winter
           ;
           He
           abated
           the
           Monethly
           Usury
           or
           Interest
           to
           a
           hundreth
           part
           of
           the
           principal
           Debt
           ,
           and
           ordained
           that
           the
           Usurer
           and
           Creditor
           should
           enjoy
           the
           fourth
           part
           of
           the
           Profits
           and
           Revenues
           
           of
           the
           Debtor
           ,
           till
           he
           was
           satisfied
           ;
           and
           that
           they
           which
           took
           Usury
           upon
           Usury
           should
           forfeit
           the
           whole
           :
           Which
           was
           reckoned
           ,
           saith
           Plutarch
           ,
           to
           be
           as
           a
           great
           refreshing
           ,
           and
           deliverance
           of
           the
           People
           ,
           who
           all
           this
           while
           were
           not
           found
           to
           be
           complaining
           against
           the
           Law
           of
           Citing
           and
           Compelling
           men
           to
           appear
           in
           Judgment
           ;
           being
           a
           part
           of
           the
           Laws
           of
           the
           Ten
           Tables
           ,
           which
           Solon
           is
           said
           to
           have
           compiled
           ,
           but
           observed
           it
           as
           a
           Law
           of
           publick
           use
           and
           necessity
           ,
           giving
           no
           manner
           of
           disturbance
           at
           all
           unto
           it
           .
        
      
       
         
         
           CHAP.
           XII
           .
           The
           Troubles
           and
           Seditions
           of
           the
           People
           of
           Rome
           ,
           concerning
           the
           Whippings
           ,
           Scourgings
           ,
           selling
           for
           Bond-slaves
           ,
           and
           other
           cruelties
           used
           by
           Creditors
           ,
           in
           the
           suing
           and
           prosecution
           for
           their
           Debts
           ,
           and
           the
           Troubles
           and
           endeavors
           of
           the
           Magistrats
           and
           Senators
           to
           appease
           them
           .
        
         
           ANd
           was
           so
           little
           believed
           by
           the
           Romans
           to
           be
           a
           Tyranny
           ,
           as
           when
           some
           Seditions
           and
           Commotions
           had
           been
           amongst
           them
           ,
           occasioned
           by
           the
           greatness
           of
           Usury
           ,
           cruelty
           of
           Creditors
           ,
           Whipping
           ,
           Scourging
           ,
           Slavery
           ,
           and
           villanous
           Usage
           of
           imprisoned
           Debtors
           they
           did
           acquiesce
           ,
           and
           submit
           to
           the
           use
           of
           the
           Proces
           of
           Arrest
           ,
           to
           enforce
           Men
           to
           appear
           in
           Courts
           of
           Jnstice
           .
        
         
           And
           when
           at
           Rome
           two
           hundred
           fifty-nine
           years
           after
           the
           building
           of
           that
           City
           ,
           being
           about
           four
           hundred
           ninety-two
           years
           before
           the
           coming
           of
           Christ
           ,
           an
           old
           Captain
           
           or
           Commander
           coming
           into
           the
           Town-house
           or
           Market-place
           ,
           with
           the
           Arms
           or
           Ensigns
           of
           his
           Ancestors
           ,
           ragged
           Cloaths
           ,
           a
           pale
           famished
           and
           meager
           countenance
           ,
           
           his
           beard
           and
           hair
           overgrown
           and
           baring
           his
           breast
           ,
           shews
           the
           wounds
           received
           in
           the
           Wars
           ,
           tells
           the
           People
           he
           had
           lost
           all
           his
           Goods
           and
           Estate
           ,
           Taxes
           had
           impoverished
           and
           brought
           him
           into
           Debt
           ,
           and
           he
           had
           been
           carried
           of
           his
           Creditors
           not
           only
           into
           Bondage
           ,
           but
           into
           Prison
           and
           a
           place
           of
           Torment
           ,
           and
           shewed
           his
           back
           wounded
           and
           gored
           with
           stripes
           .
        
         
           Whereupon
           a
           great
           Tumult
           and
           Sedition
           arising
           amongst
           the
           People
           ,
           the
           Senat
           were
           afraid
           to
           sit
           ,
           and
           upon
           the
           News
           of
           an
           Invasion
           of
           the
           Volscians
           ,
           were
           by
           the
           People
           bid
           to
           fight
           for
           themselves
           :
           But
           upon
           promise
           ,
           that
           no
           Creditor
           should
           take
           away
           their
           Goods
           ,
           or
           Sell
           them
           ,
           or
           Arrest
           or
           take
           away
           their
           Children
           ,
           as
           long
           as
           they
           were
           in
           the
           Camp
           ,
           they
           were
           listed
           and
           pacified
           ;
           but
           that
           War
           ended
           ,
           and
           another
           shortly
           after
           with
           as
           good
           succes
           ,
           they
           that
           were
           bound
           before
           ,
           were
           delivered
           over
           to
           their
           Creditors
           for
           Debt
           ,
           as
           
           also
           others
           that
           were
           not
           bound
           or
           imprisoned
           before
           .
        
         
           Shortly
           after
           the
           People
           seeing
           a
           Debtor
           sued
           ,
           and
           brought
           to
           the
           Bar
           ,
           flock
           together
           ,
           and
           make
           such
           a
           clamor
           as
           the
           Consuls
           Sentence
           could
           not
           be
           heard
           ,
           and
           single
           out
           the
           Creditors
           and
           misuse
           them
           ,
           so
           as
           the
           fear
           of
           the
           loss
           of
           liberty
           was
           translated
           from
           the
           Debtors
           to
           the
           Creditors
           ,
           and
           the
           People
           being
           discontented
           refuse
           again
           to
           muster
           ;
           whereupon
           the
           Consuls
           ,
           by
           advice
           of
           the
           Senat
           ,
           seek
           to
           force
           them
           ;
           but
           one
           of
           them
           being
           summoned
           by
           the
           Consul
           to
           appear
           ,
           stood
           still
           and
           refused
           ,
           the
           Consul
           sends
           to
           attach
           him
           ,
           the
           People
           rescue
           him
           ;
           the
           Senators
           cry
           shame
           of
           the
           indignity
           ,
           and
           run
           down
           from
           their
           Seats
           to
           assist
           the
           Serjeant
           :
           Yet
           for
           all
           this
           stir
           ,
           saith
           Livy
           the
           Prince
           of
           Historians
           ,
           it
           was
           not
           thought
           convenient
           to
           take
           away
           all
           keeping
           of
           Credit
           with
           the
           Creditors
           .
           But
           Valerius
           being
           chosen
           Dictator
           ,
           upon
           a
           promise
           much
           like
           that
           they
           had
           before
           ,
           procured
           them
           to
           muster
           :
           Those
           Wars
           ended
           ,
           the
           Dictator
           moved
           the
           business
           again
           in
           the
           Senat
           ,
           concerning
           those
           that
           were
           bound
           in
           
           Prison
           for
           Debt
           ;
           but
           they
           refusing
           to
           order
           any
           thing
           in
           it
           ,
           gives
           up
           his
           Dictatorship
           ,
           and
           the
           People
           thinking
           he
           did
           it
           for
           their
           sakes
           ,
           follow
           him
           home
           with
           praises
           :
           The
           Sedition
           increaseth
           again
           ,
           and
           was
           laid
           aside
           ;
           after
           that
           they
           mutiny
           again
           ,
           and
           withdraw
           out
           of
           the
           City
           into
           the
           mount
           Aventine
           ,
           and
           begin
           to
           fortifie
           ;
           but
           upon
           
             Menenius
             Agrippas
          
           Oration
           ,
           and
           comparison
           of
           the
           mutiny
           of
           the
           several
           parts
           of
           the
           Body
           against
           the
           Belly
           ,
           they
           come
           to
           an
           agreement
           ,
           and
           amongst
           other
           conditions
           it
           was
           granted
           ,
           that
           they
           should
           create
           two
           Tribuns
           of
           the
           People
           ,
           to
           assist
           them
           against
           the
           Consuls
           ,
           and
           that
           their
           authority
           ,
           by
           an
           Oath
           to
           be
           taken
           amongst
           them
           ,
           should
           be
           sacred
           aud
           inviolable
           .
        
         
           About
           fifty
           years
           after
           ,
           the
           Tribuns
           of
           the
           People
           were
           at
           discord
           with
           the
           Consuls
           ,
           for
           that
           the
           Commons
           were
           not
           suffered
           to
           make
           Laws
           ,
           and
           though
           both
           sides
           agreed
           it
           ,
           
           to
           be
           a
           matter
           most
           equal
           for
           their
           liberties
           ,
           that
           Laws
           should
           be
           made
           by
           the
           Commons
           and
           Senators
           ,
           yet
           they
           differed
           about
           the
           legislative
           power
           :
           Whereupon
           Embassadors
           were
           sent
           to
           Athens
           and
           Sparta
           
           (
           when
           they
           had
           agreed
           of
           some
           Laws
           ,
           but
           could
           not
           accord
           who
           should
           be
           the
           Law-makers
           )
           to
           learn
           and
           get
           copies
           of
           the
           excellent
           Laws
           of
           Solon
           ,
           
           and
           the
           Laws
           and
           Customs
           of
           other
           Cities
           of
           Greece
           ;
           after
           whose
           return
           ,
           and
           much
           rejoycing
           for
           the
           bringing
           of
           the
           Copie
           of
           
           Solon's
           Laws
           ,
           the
           Twelve
           Tables
           by
           them
           ,
           and
           others
           well
           skilled
           in
           those
           Forreign
           Laws
           ,
           were
           framed
           four
           hundred
           &
           forty
           years
           before
           the
           coming
           of
           Christ
           ,
           by
           Ten
           Men
           or
           Magistrates
           ,
           created
           by
           the
           People
           as
           a
           Committee
           to
           peruse
           those
           Laws
           ,
           amongst
           which
           was
           that
           Law
           brought
           from
           Athens
           .
        
         
           Qui
           petebat
           debitorem
           conveniebat
           atque
           ut
           se
           in
           Jus
           sequeretur
           admonebat
           ,
           
           st
           is
           sequi
           noluisset
           eum
           in
           Jus
           ducebat
           ,
           sive
           rapiebat
           verum
           no
           in
           juriam
           facere
           ,
           videretur
           ante
           aliquem
           ejus
           actionis
           testem
           faciebat
           capta
           ,
           scilice●
           hominis
           forte
           intervenientis
           aut
           pre●entis
           auricula
           nogahat
           eum
           licetn●
           antestari
           ,
           id
           est
           ,
           possum
           ne
           testem
           sumere
           si
           responde●at
           licet
           ,
           tum
           adversanium
           frustrantem
           ,
           aut
           fagientent
           injecta
           m●n●
           ad
           Praetorem
           trahebat
           atque
           hoc
           faciebat
           auctoritate
           XII
           .
           TABVLARVM
           ,
           Sic
           〈◊〉
           i●iis
           erat
           SI
           IN
           IVS
           VOCAT
           
           QVEAT
           NIT
           ANTESTAMINO
           IGITVR
           EM
           CAPITO
           SI
           CALVITVR
           PEDEMVE
           STRVIT
           MANVM
           ENDO
           JACITO
           :
           
           
             If
             a
             man
             had
             summoned
             or
             demanded
             of
             another
             to
             do
             him
             right
             ,
             and
             to
             appear
             in
             the
             Court
             ;
             if
             he
             refused
             to
             follow
             him
             ,
          
           nulla
           interposita
           mora
           ,
           
             immediately
             or
             without
             delay
             ,
             he
             might
             ,
             least
             he
             should
             seem
             to
             do
             him
             wrong
             ,
             take
             Witness
             of
             the
             next
             man
             he
             met
             ,
          
           manum
           injicere
           &
           per
           vim
           in
           jus
           rapere
           ,
           
             lay
             hands
             upon
             him
             and
             inforce
             him
             ;
             which
             the
             Laws
             or
             Authority
             of
             the
             Ten
             Tables
             did
             warrant
             .
             But
             if
             he
             was
             sick
             or
             aged
             ,
             and
             not
             able
             to
             go
             ,
             then
             he
             which
             summoned
             him
             was
             to
             provide
             him
             an
             Horse
             or
             Wagon
             ;
             those
             Laws
             directing
             ,
             that
          
           SI
           MORBVS
           AEVITASQVE
           VITIVM
           ESCIT
           QVI
           IN
           JVS
           VOCABIT
           JVMENTVM
           DATO
           SI
           NOLET
           ARCERAM
           NE
           STERNITO
           ;
           
           
             That
             if
             he
             was
             sick
             ,
             or
             so
             aged
             as
             he
             could
             not
             go
             ,
             he
             was
             to
             have
             a
             Horse
             provided
             for
             him
             to
             ride
             upon
          
           ;
           
           
             and
             if
             he
             should
             refuse
             that
             way
             to
             go
             ,
             he
             was
             to
             be
             put
             up
             in
             a
             close
             Waggon
             ,
             and
             carried
             whether
             he
             would
             or
             no.
             
          
        
         
           Which
           the
           Romans
           those
           grand
           Assertors
           
           of
           liberty
           ,
           and
           the
           most
           suspiciously
           impatient
           of
           any
           thing
           ,
           which
           might
           disavantage
           or
           prejudice
           that
           high
           esteem
           which
           they
           had
           of
           it
           ;
           neither
           did
           find
           any
           fault
           with
           ,
           or
           had
           any
           reason
           so
           to
           do
           ,
           when
           as
           those
           Laws
           of
           the
           Ten
           Tables
           (
           of
           which
           that
           above
           mentioned
           
             de
             in●jus
             vocatione
          
           ,
           or
           
             de
             necessitate
             in
             jus
             eundi
          
           ,
           of
           constraining
           men
           that
           refuse
           to
           appear
           in
           judgment
           was
           one
           )
           were
           freely
           chosen
           and
           allowed
           of
           by
           the
           People
           of
           Rome
           before
           they
           were
           enacted
           ,
           and
           with
           the
           greatest
           freedom
           of
           choice
           that
           any
           Laws
           could
           possibly
           be
           .
           For
           ,
           
           saith
           
             Livy
             ,
             Ingenti
             hominum
             expectatione
             Populo
             ad
             concionem
             advocato
             ,
             &
             quod
             bonum
             faustum
             felixque
             Reipublicae
             ipsis
             liberisque
             eorum
             esset
             ire
             ,
             &
             leges
             legere
             propositas
             jussere
             se
             quantum
             decem
             hominum
             ingeniis
             providere
             potuerit
             ,
             omnibus
             summis
             infimisque
             aequasse
             :
          
           In
           a
           huge
           expectation
           of
           the
           multitude
           ,
           the
           people
           being
           called
           together
           or
           assembled
           ,
           they
           were
           with
           wishes
           and
           prayers
           that
           it
           might
           be
           good
           and
           happy
           for
           the
           Common-wealth
           ,
           and
           for
           them
           and
           their
           Children
           ,
           required
           to
           go
           together
           and
           read
           the
           Laws
           which
           were
           proposed
           
           unto
           them
           ,
           which
           they
           (
           meaning
           the
           
             Decem
             viri
          
           ,
           or
           then
           Magistrates
           ,
           of
           which
           number
           were
           the
           three
           which
           had
           been
           sent
           to
           Athens
           and
           Greece
           to
           learn
           their
           Laws
           )
           had
           so
           far
           as
           Ten
           men
           with
           all
           their
           wisdom
           could
           foresee
           and
           provide
           ,
           indifferently
           devised
           for
           all
           men
           :
           
             Sed
             quia
             plus
             pollere
             multorum
             ingenia
             consiliaque
             in
             animis
             versarent
             secum
             unamquamque
             rem
             agitarent
             deinde
             sermonibus
             at
             que
             in
             medium
             ,
             quid
             in
             quaque
             re
             plus
             minusve
             esset
             conferrent
             eas
             leges
             habiturum
             populum
             Romanum
             quas
             consensus
             omnium
             invasisse
             ,
             nec
             jussisse
             latas
             magis
             quam
             tulisse
             videri
             posset
             .
          
           But
           for
           as
           much
           as
           the
           wits
           and
           heads
           of
           many
           men
           might
           see
           further
           ,
           and
           better
           advise
           ,
           they
           gave
           them
           leave
           to
           consider
           and
           ponder
           every
           particular
           ,
           and
           to
           reason
           together
           from
           point
           to
           point
           ,
           and
           deliver
           their
           opinions
           openly
           ,
           what
           was
           short
           ,
           wanting
           ,
           or
           superfluous
           in
           every
           Article
           ;
           
           and
           what
           Laws
           an
           universal
           consent
           of
           the
           people
           should
           bring
           in
           ,
           those
           should
           be
           enacted
           and
           none
           other
           ,
           that
           it
           might
           appear
           they
           were
           not
           so
           much
           to
           approve
           of
           them
           ,
           &
           give
           their
           assent
           after
           they
           were
           propounded
           ,
           as
           to
           propose
           &
           prefer
           them
           
           their
           own
           selves
           :
           
           
             Cumque
             ad
             rumores
             hominum
             de
             unoquoque
             legum
             capite
             edito
             satis
             correctae
             ,
             viderentur
             Centuriatis
             Comitiis
             decem
             Tabularum
             leges
             perlatae
             sunt
             ,
             qui
             nunc
             quoque
             in
             hoc
             immenso
             aliarum
             super
             alias
             acervatarum
             legum
             cumulo
             fons
             omnis
             publici
             privatique
             est
             Juris
             .
          
           And
           when
           as
           they
           were
           thought
           to
           be
           sufficiently
           corrected
           ,
           as
           every
           one
           spake
           to
           the
           Titles
           and
           Chapters
           thereof
           ,
           in
           an
           Assembly
           of
           all
           the
           Centuries
           and
           degrees
           of
           men
           ,
           the
           Laws
           of
           the
           Ten
           Tables
           were
           enacted
           and
           established
           ;
           which
           even
           at
           this
           day
           ,
           saith
           Livy
           ,
           amongst
           that
           infinite
           number
           of
           Laws
           heaped
           one
           upon
           another
           ,
           are
           the
           very
           Well-spring
           and
           Fountain
           of
           all
           Justice
           ,
           both
           publick
           and
           private
           .
        
         
           But
           the
           next
           year
           after
           ,
           the
           people
           finding
           the
           
             Decem
             viri
          
           growing
           insolent
           ,
           to
           determine
           matters
           at
           home
           before
           they
           gave
           Sentence
           openly
           ,
           and
           usurping
           Kingly
           Government
           ,
           begun
           to
           repent
           themselves
           ,
           of
           putting
           the
           power
           of
           appeal
           out
           of
           themselves
           ,
           tumult
           and
           protested
           against
           the
           
             Decem
             viri
          
           ,
           or
           Ten
           which
           they
           had
           chosen
           ;
           saying
           ,
           They
           had
           created
           them
           Magistrates
           ,
           only
           for
           the
           publishing
           and
           enacting
           
           of
           certain
           Laws
           ,
           but
           they
           had
           now
           no
           Justice
           in
           the
           City
           :
           And
           Appius
           one
           of
           the
           Ten
           ,
           having
           ingrossed
           into
           his
           hands
           the
           power
           and
           disposing
           of
           his
           Partners
           ,
           helps
           on
           the
           Tumult
           by
           a
           business
           that
           happened
           ,
           upon
           his
           lusting
           after
           a
           young
           Maid
           ,
           the
           Daughter
           of
           L.
           Virginius
           ,
           a
           Commander
           of
           good
           note
           in
           the
           Army
           ,
           and
           setting
           Mr.
           Claudius
           to
           claim
           her
           as
           his
           Bond-woman
           ,
           who
           laying
           hands
           on
           her
           in
           the
           Market-place
           ,
           
           cited
           her
           to
           appear
           ,
           and
           commanded
           her
           to
           follow
           him
           ,
           otherwise
           he
           would
           force
           her
           ;
           the
           People
           flock
           together
           ,
           but
           the
           Plaintiff
           tells
           them
           ,
           they
           need
           not
           trouble
           themselves
           ,
           for
           he
           proceeded
           according
           to
           Law
           ,
           and
           would
           do
           nothing
           by
           force
           ,
           cites
           her
           again
           to
           appear
           before
           Appius
           ,
           and
           the
           People
           perswade
           her
           to
           follow
           ,
           where
           the
           cause
           by
           reason
           of
           the
           expostulation
           of
           Icilius
           to
           whom
           she
           was
           betrothed
           ,
           not
           coming
           to
           hearing
           ;
           that
           day
           she
           was
           bailed
           and
           suffered
           to
           go
           under
           Sureties
           till
           the
           next
           ;
           but
           the
           second
           day
           ,
           Appius
           without
           hearing
           the
           Defendant
           or
           her
           Friends
           ,
           decreed
           that
           she
           should
           be
           a
           Bond-woman
           to
           Claudius
           ,
           who
           going
           to
           seise
           her
           finds
           the
           
           People
           resisting
           him
           ,
           Appius
           sends
           a
           Serjeant
           to
           assist
           him
           ,
           Virginius
           in
           a
           rage
           killeth
           his
           Daughter
           ,
           that
           she
           might
           not
           come
           into
           the
           Oppressors
           hands
           ,
           and
           a
           great
           uproar
           happening
           by
           the
           People
           ,
           Kindred
           ,
           and
           Friends
           of
           the
           Maid
           ,
           Appius
           cites
           Icilius
           ,
           the
           Spouse
           of
           the
           Maid
           ,
           as
           an
           Author
           of
           the
           Tumult
           ,
           and
           for
           his
           contumacy
           in
           not
           coming
           ,
           caused
           him
           to
           be
           attached
           and
           carried
           to
           Prison
           ;
           but
           Valerius
           and
           
             M.
             Horatius
          
           ,
           two
           popular
           and
           powerful
           Senators
           ,
           thrusting
           back
           the
           Serjeant
           ,
           said
           ,
           If
           Appius
           had
           any
           thing
           to
           charge
           him
           with
           by
           order
           of
           Law
           ;
           they
           would
           Bail
           him
           ;
           but
           if
           he
           went
           about
           to
           offer
           violence
           he
           should
           meet
           with
           his
           match
           :
           After
           that
           Appius
           himself
           is
           arrested
           ,
           who
           desiring
           to
           be
           bailed
           ,
           and
           not
           to
           be
           put
           in
           Prison
           or
           lye
           in
           Chains
           ,
           by
           all
           the
           Friends
           and
           pittyful
           speeches
           he
           could
           make
           ,
           could
           not
           obtain
           it
           ;
           For
           that
           he
           had
           ,
           saith
           the
           Father
           of
           Virginia
           ,
           so
           much
           against
           all
           order
           of
           Law
           denyed
           the
           bailing
           of
           her
           ,
           who
           therefore
           commanded
           him
           to
           be
           carried
           to
           Prison
           ,
           as
           a
           person
           attaint
           and
           convict
           :
           The
           Tribun
           of
           the
           Commons
           set
           him
           a
           day
           to
           plead
           for
           himself
           and
           make
           
           his
           answer
           ,
           but
           Appius
           before
           that
           day
           killed
           himself
           ,
           his
           Goods
           were
           confiscated
           by
           the
           Tribuns
           ;
           the
           rest
           of
           the
           
             Decem
             viri
          
           fled
           and
           were
           banished
           ,
           and
           all
           their
           Goods
           confiscated
           :
           And
           the
           Ten
           Tables
           having
           two
           more
           added
           to
           them
           ,
           by
           the
           appointment
           of
           the
           Tribuns
           ,
           are
           set
           or
           hung
           up
           openly
           to
           be
           seen
           ,
           engraven
           in
           Brass
           .
        
         
           The
           Romans
           having
           long
           before
           the
           compiling
           of
           the
           Twelve
           Tables
           ,
           
           used
           to
           Arrest
           and
           compel
           Men
           to
           appear
           in
           Judgment
           ,
           as
           is
           manifest
           by
           their
           manner
           of
           giving
           Bail
           ,
           before
           such
           time
           as
           Appius
           denyed
           to
           take
           Bail
           ,
           in
           the
           case
           of
           the
           Daugh-of
           Virginius
           ;
           which
           was
           
             ex
             veteri
             Jure
          
           ,
           an
           Old
           Law
           and
           Custom
           amongst
           them
           ,
           saith
           Pomponius
           .
        
         
           And
           this
           grand
           Commotion
           of
           the
           People
           having
           nothing
           at
           all
           in
           it
           the
           while
           of
           complaint
           or
           action
           ,
           against
           the
           Laws
           of
           citing
           and
           compelling
           men
           to
           appear
           in
           Judgment
           ,
           and
           a
           putting
           them
           to
           Bail
           in
           the
           interim
           ,
           but
           a
           confirmation
           or
           allowance
           rather
           of
           them
           .
        
         
           Threescore
           and
           five
           years
           after
           that
           
             Marcus
             Manlius
             Capitolinus
          
           ,
           so
           named
           because
           
           he
           had
           saved
           the
           City
           of
           Rome
           ,
           and
           the
           Capitol
           from
           ruine
           and
           spoil
           ,
           growing
           ambitiously
           discontented
           ,
           &
           not
           contenting
           himself
           to
           deal
           in
           the
           Laws
           Agraria
           about
           the
           Division
           of
           Lands
           ,
           which
           had
           alwayes
           ministred
           occasions
           of
           Seditions
           ,
           began
           to
           intermeddle
           between
           the
           Debtors
           and
           Creditors
           ;
           
           and
           to
           overthrow
           ,
           saith
           Livy
           ,
           all
           keeping
           of
           Credit
           .
        
         
           And
           seeing
           a
           Centurion
           condemned
           in
           an
           Action
           of
           Debt
           ,
           and
           carrying
           to
           Prison
           upon
           an
           Execution
           ,
           with
           a
           rout
           and
           crew
           of
           his
           Followers
           ,
           rescues
           and
           takes
           him
           from
           the
           Officers
           ,
           and
           crying
           out
           that
           his
           merits
           in
           saving
           the
           Capitol
           had
           been
           to
           little
           purpose
           ,
           if
           he
           could
           abide
           to
           see
           his
           Fellow-Souldier
           carried
           away
           captive
           ,
           did
           in
           sight
           of
           the
           People
           pay
           down
           the
           Debt
           ,
           set
           to
           sale
           his
           own
           Land
           ,
           and
           caused
           it
           to
           be
           openly
           cried
           ,
           that
           as
           long
           as
           he
           had
           one
           foot
           of
           ground
           ,
           or
           any
           thing
           else
           rest
           ,
           he
           would
           not
           see
           one
           of
           the
           People
           condemned
           ,
           &
           upon
           Execution
           carried
           to
           Prison
           ,
           and
           stirred
           up
           such
           a
           Sedition
           in
           the
           City
           as
           the
           People
           followed
           him
           as
           the
           protector
           of
           their
           Liberties
           ;
           whereupon
           the
           Dictator
           
           being
           sent
           for
           from
           the
           Army
           ,
           assembled
           the
           Senate
           ,
           caused
           the
           Ivory
           Chair
           of
           State
           to
           be
           set
           in
           the
           Common-Hall
           ,
           and
           sent
           a
           Serjeant
           for
           Manlius
           ,
           who
           with
           a
           great
           retinue
           of
           his
           party
           presents
           himself
           before
           the
           Tribunal
           ;
           and
           tells
           the
           Dictator
           ,
           that
           now
           he
           saw
           he
           was
           created
           Dictator
           not
           against
           the
           Common
           Enemies
           ,
           
           but
           himself
           and
           the
           Commons
           of
           Rome
           ,
           for
           he
           did
           see
           well
           that
           he
           professed
           to
           maintain
           and
           bear
           out
           the
           Usurers
           against
           the
           Commons
           :
           Whereupon
           ,
           after
           many
           insolent
           speeches
           ,
           the
           Dictator
           commanded
           him
           to
           be
           carried
           away
           to
           Prison
           ;
           Manlius
           cryes
           out
           ,
           
             O
             ye
             Gods
             and
             Goddesses
             that
             inhabit
             the
             Capitol
             ,
             suffer
             ye
             thus
             your
             Knight
             and
             Defender
             to
             be
             misused
             by
             his
             Adversaries
             ?
          
           But
           ,
           saith
           Livy
           ,
           though
           every
           man
           that
           saw
           it
           was
           greatly
           moved
           ,
           the
           City
           as
           most
           patient
           of
           all
           other
           Cities
           ,
           to
           abide
           any
           just
           and
           lawful
           Commandment
           of
           the
           Magistrat
           ,
           so
           contained
           her self
           ,
           as
           neither
           the
           Tribuns
           of
           the
           Commons
           ,
           nor
           the
           Commons
           themselves
           durst
           intermeddle
           in
           it
           ,
           though
           many
           of
           them
           did
           put
           themselves
           in
           mourning
           ,
           let
           their
           heads
           and
           beards
           grow
           in
           their
           grief
           
           and
           mourning
           for
           it
           ,
           and
           with
           sad
           and
           heavy
           chear
           kept
           commonly
           about
           the
           Goal-door
           ;
           but
           after
           a
           while
           threatned
           to
           break
           the
           Prison
           ,
           continued
           or
           rather
           increased
           their
           Sedition
           ,
           
           and
           never
           left
           till
           the
           Senate
           released
           him
           :
           Whereby
           the
           Mutiny
           was
           never
           the
           more
           ended
           ,
           but
           rather
           a
           Captain
           given
           them
           to
           maintain
           it
           ,
           the
           People
           hope
           to
           be
           rid
           of
           Usury
           ,
           Manlius
           calls
           them
           home
           to
           his
           House
           ,
           exhorts
           them
           to
           maintain
           their
           Liberty
           ,
           and
           to
           hinder
           and
           cry
           down
           Dictatorship
           and
           Consulship
           ,
           and
           Proces
           and
           Course
           of
           Law
           for
           Actions
           of
           Debt
           ;
           the
           Senat
           and
           Tribuns
           in
           Consuls
           Authority
           ,
           
           and
           the
           Tribuns
           of
           the
           Commons
           also
           ,
           seeing
           that
           in
           the
           loss
           of
           the
           publick
           liberty
           their
           own
           power
           likewise
           would
           come
           to
           an
           end
           ,
           being
           much
           troubled
           at
           it
           ,
           by
           advice
           of
           the
           Senat
           resolve
           to
           Arrest
           him
           ,
           and
           thereupon
           send
           and
           serve
           Proces
           upon
           him
           ,
           to
           answer
           at
           a
           day
           appointed
           ;
           which
           being
           come
           ,
           he
           produceth
           four
           hundred
           men
           ,
           for
           whom
           he
           had
           laid
           out
           Money
           gratis
           ,
           saved
           their
           Goods
           from
           Port-sale
           ,
           and
           kept
           them
           from
           the
           Bondage
           of
           their
           Creditors
           after
           they
           were
           
           condemned
           ;
           reckoned
           and
           shewed
           openly
           the
           Spoils
           of
           Enemies
           by
           him
           slain
           or
           disarmed
           ,
           to
           the
           number
           of
           thirty
           ,
           gifts
           bestowed
           on
           him
           by
           Generals
           to
           the
           number
           of
           forty
           ,
           whereof
           there
           were
           two
           mural
           Garlands
           for
           scaling
           of
           Walls
           ,
           and
           8
           Civick
           Coronets
           ,
           for
           saving
           the
           lives
           of
           Citizens
           in
           danger
           ,
           presented
           many
           in
           person
           whom
           he
           had
           rescued
           out
           of
           the
           Enemies
           hands
           ,
           nominated
           Servilius
           ,
           at
           that
           instant
           General
           of
           the
           Hosse-men
           ,
           stript
           his
           breast
           bare
           shewed
           the
           scars
           received
           in
           the
           Wars
           ,
           looked
           towards
           the
           Capirol
           ,
           and
           praid
           to
           the
           Gods
           ,
           to
           give
           the
           People
           the
           same
           mind
           to
           help
           him
           as
           he
           had
           to
           help
           them
           ;
           but
           the
           People
           notwithstanding
           being
           called
           out
           by
           the
           Tribuns
           ,
           and
           drawn
           out
           by
           Centuries
           or
           Wards
           ,
           into
           a
           place
           where
           they
           might
           not
           behold
           the
           Capitol
           ,
           for
           otherwise
           it
           was
           thought
           impossible
           for
           them
           to
           get
           leave
           of
           their
           love
           and
           pity
           to
           him
           to
           find
           the
           Indictment
           against
           him
           :
           And
           the
           accusation
           prevailing
           more
           then
           compassion
           ,
           he
           was
           condemned
           for
           Sedition
           ,
           holding
           Conventicles
           with
           the
           multitude
           ,
           and
           his
           over
           much
           largess
           ,
           to
           be
           
           thrown
           down
           the
           Rock
           Tarpeja
           ,
           
           where
           himself
           had
           won
           so
           great
           glory
           by
           defending
           the
           Capitol
           ;
           his
           own
           Kindred
           making
           also
           a
           Decree
           ,
           that
           none
           of
           that
           Race
           should
           after
           bear
           the
           name
           of
           
             Marcus
             Manlius
          
           .
        
         
           The
           Tribunes
           after
           that
           complain
           ,
           that
           the
           Senate
           sought
           to
           avoid
           the
           exhibiting
           of
           publick
           Records
           and
           Books
           ,
           
           which
           gave
           testimony
           of
           the
           valuation
           of
           every
           mans
           substance
           to
           the
           worth
           ,
           because
           they
           would
           not
           have
           the
           Sums
           of
           Debts
           to
           be
           seen
           or
           shewn
           ,
           which
           might
           shew
           that
           the
           one
           part
           of
           the
           People
           were
           eaten
           up
           and
           devoured
           by
           the
           other
           ,
           and
           that
           if
           the
           Commons
           would
           call
           to
           remembrance
           their
           Ancestors
           liberty
           ,
           they
           would
           not
           suffer
           any
           Citizen
           of
           Rome
           to
           be
           awarded
           to
           Bondage
           for
           Debt
           ,
           nor
           any
           musters
           to
           be
           taken
           until
           a
           view
           were
           made
           ,
           and
           just
           accompt
           had
           of
           every
           mans
           Debts
           ,
           that
           each
           man
           might
           know
           what
           he
           had
           of
           other
           mens
           Goods
           ,
           what
           remanied
           of
           his
           own
           ,
           whether
           his
           body
           were
           left
           free
           ,
           or
           at
           the
           mercy
           of
           his
           Creditor
           to
           lye
           in
           cold
           Iron
           or
           baleful
           Prison
           ;
           on
           the
           other
           side
           the
           Censors
           alledged
           ,
           
           that
           the
           Debtors
           cautelously
           would
           not
           then
           keep
           their
           Credit
           and
           make
           payment
           :
           Which
           hire
           and
           salary
           or
           reward
           of
           Sedition
           ,
           saith
           Livy
           ,
           shortly
           after
           stirred
           up
           a
           mutiny
           ,
           for
           that
           when
           many
           were
           adjudged
           to
           be
           kept
           bound
           by
           their
           Creditors
           ,
           the
           Tribunes
           would
           not
           suffer
           those
           that
           were
           condemned
           to
           be
           led
           to
           Prison
           ,
           nor
           the
           younger
           sort
           of
           the
           Commons
           enter
           their
           Names
           in
           the
           Muster-masters
           Book
           :
           Howsoever
           the
           Wars
           coming
           on
           they
           leave
           their
           mutinies
           ;
           but
           after
           the
           Wars
           ended
           ,
           Tribunes
           Military
           with
           Consular
           Authority
           were
           equally
           chosen
           ,
           from
           out
           of
           the
           Nobility
           and
           Commons
           ;
           And
           the
           year
           following
           begins
           with
           Discords
           ,
           Seditions
           ,
           and
           Broils
           (
           for
           no
           better
           were
           they
           then
           termed
           )
           concerning
           Debts
           ,
           for
           the
           true
           Inquisition
           whereof
           ,
           and
           to
           know
           to
           what
           Sums
           they
           amounted
           ,
           
             Sp.
             Servilius
             ,
             Priscus
          
           ,
           and
           
             Q.
             Claelius
             Siculus
          
           were
           made
           Censors
           ,
           but
           stopped
           by
           occasion
           of
           an
           Invasion
           of
           the
           Volscians
           ,
           notwithstanding
           the
           fear
           and
           terror
           whereof
           ;
           so
           little
           were
           the
           Civil
           Discords
           appeased
           ,
           as
           the
           Tribunes
           of
           the
           Commons
           extended
           their
           power
           with
           
           more
           violence
           ,
           to
           hinder
           the
           leavy
           of
           Souldiers
           until
           they
           had
           indented
           and
           capitulated
           with
           the
           Senate
           ,
           
           that
           so
           long
           as
           the
           Wars
           lasted
           ,
           no
           man
           should
           contribute
           or
           be
           charged
           with
           any
           Impost
           ,
           or
           be
           sued
           in
           any
           Action
           of
           Debt
           ,
           whereupon
           the
           Commons
           are
           content
           to
           muster
           ,
           two
           new
           Legions
           were
           levied
           and
           enrolled
           ,
           and
           to
           War
           they
           go
           with
           the
           Volscians
           their
           Neighbours
           ;
           but
           as
           soon
           as
           all
           was
           quiet
           from
           Enemies
           abroad
           ,
           they
           began
           a
           fresh
           to
           be
           sued
           and
           troubled
           by
           their
           Creditors
           at
           home
           ,
           and
           having
           small
           hope
           to
           be
           released
           of
           their
           old
           Usury
           ,
           fell
           into
           a
           new
           Sedition
           ,
           by
           reason
           of
           a
           Contribution
           imposed
           by
           the
           Censors
           for
           making
           of
           a
           Well
           ,
           which
           they
           had
           set
           out
           to
           be
           made
           of
           square
           Ashler
           stone
           ;
           but
           being
           forced
           to
           yield
           thereunto
           ,
           and
           to
           go
           to
           War
           against
           the
           Volscians
           and
           Latines
           ,
           after
           several
           Victories
           obtained
           ,
           and
           the
           Armies
           returned
           to
           Rome
           ,
           the
           calamities
           of
           the
           Commons
           grew
           every
           day
           more
           and
           more
           ,
           for
           they
           wanted
           means
           and
           were
           not
           able
           to
           pay
           for
           the
           Interest
           ,
           that
           needs
           must
           be
           paid
           ;
           and
           when
           nothing
           was
           to
           be
           had
           to
           make
           satisfaction
           ,
           
           out
           of
           their
           Goods
           were
           adjudged
           and
           awarded
           to
           satisfie
           their
           Creditors
           in
           their
           Bodies
           .
           Which
           gave
           occasion
           to
           
             M.
             Fabius
             Ambustus
          
           ,
           
           a
           man
           of
           much
           repute
           with
           the
           Commons
           ,
           upon
           the
           proud
           discontent
           of
           a
           younger
           Daughter
           ,
           not
           being
           married
           so
           well
           as
           her
           elder
           Sister
           ,
           whose
           Husband
           was
           a
           Tribune
           Military
           ,
           plots
           with
           his
           unpreferred
           Son
           in
           Law
           and
           
             L.
             Sextius
          
           ,
           who
           hoping
           to
           compass
           some
           alteration
           in
           the
           State
           ,
           by
           reason
           of
           the
           excessive
           Debts
           that
           men
           were
           grown
           into
           ,
           got
           themselves
           made
           Tribunes
           of
           the
           Commons
           ;
           upon
           which
           advantage
           
             C.
             Licinius
          
           ,
           the
           Son
           in
           Law
           of
           
             M.
             Fabius
             Ambustus
          
           ,
           and
           
             L.
             Sextius
          
           propose
           Laws
           touching
           Debts
           ,
           that
           when
           so
           much
           was
           defalked
           and
           deducted
           out
           of
           the
           Principal
           ,
           as
           had
           been
           paid
           for
           the
           use
           and
           Interest
           ,
           the
           residue
           should
           be
           paid
           by
           even
           portions
           in
           three
           years
           ;
           that
           no
           man
           should
           hold
           in
           possession
           above
           five
           hundred
           Acers
           of
           Land
           ,
           and
           that
           there
           should
           be
           no
           election
           of
           Tribunes
           Military
           but
           of
           Consular
           ;
           with
           which
           the
           Senate
           being
           much
           troubled
           ,
           could
           find
           no
           other
           remedy
           but
           the
           negative
           voice
           of
           some
           
           of
           the
           Tribuns
           to
           step
           between
           ,
           and
           had
           wrought
           some
           of
           their
           own
           Brotherhood
           to
           do
           it
           ,
           who
           as
           soon
           as
           they
           saw
           the
           Wards
           or
           Tribes
           ,
           called
           forth
           by
           Licinius
           and
           Sextius
           to
           give
           their
           Suffrages
           ,
           would
           not
           suffer
           those
           Bills
           to
           be
           read
           or
           pass
           by
           the
           Commons
           ;
           whereupon
           when
           the
           Nobles
           began
           to
           choose
           the
           Tribuns
           Military
           ,
           
             L.
             Licinius
          
           and
           Sextius
           crossed
           them
           ,
           so
           as
           there
           was
           no
           election
           at
           all
           ,
           but
           of
           Aediles
           and
           Tribunes
           of
           the
           Commons
           ,
           
           for
           Licinius
           and
           Sextius
           being
           chosen
           Tribunes
           again
           ,
           suffered
           no
           Magistrates
           of
           the
           Chair
           ,
           or
           of
           State
           to
           be
           created
           ;
           After
           that
           other
           Wars
           ensue
           ,
           and
           with
           much
           ado
           an
           Army
           is
           levied
           ,
           Sextius
           and
           Licinius
           the
           publishers
           of
           those
           Laws
           were
           the
           eighth
           time
           made
           Tribunes
           of
           the
           Commons
           ,
           and
           Fabius
           also
           a
           Tribune
           Military
           ,
           five
           in
           eight
           of
           the
           Tribunes
           of
           the
           Commons
           ernestly
           ,
           and
           like
           men
           bestraught
           of
           their
           wits
           ,
           urge
           for
           to
           have
           those
           Laws
           enacted
           ;
           Sextius
           and
           Licinius
           with
           part
           of
           their
           Tribune
           Brethren
           ,
           and
           
             M.
             Fabius
          
           the
           Military
           Tribune
           being
           ,
           saith
           Livy
           ,
           their
           Craftes
           Maisters
           ,
           and
           knowing
           well
           enough
           by
           so
           
           many
           years
           experience
           ,
           how
           to
           manage
           the
           minds
           of
           the
           Commons
           ,
           demand
           of
           them
           how
           every
           one
           of
           the
           Senate
           ,
           and
           other
           Rich
           men
           ,
           could
           in
           equity
           hold
           the
           Land
           well
           near
           of
           three
           hundred
           Citizens
           ,
           and
           a
           Commoner
           have
           hardly
           ground
           enough
           to
           build
           him
           a
           House
           upon
           ,
           and
           to
           serve
           for
           a
           place
           to
           bury
           his
           Dead
           ,
           whether
           the
           Commoners
           oppressed
           with
           Usury
           should
           yield
           their
           Bodies
           to
           bear
           Irons
           and
           suffer
           Torments
           ,
           unless
           they
           pay
           the
           Interest
           before
           the
           principal
           ?
           and
           that
           daily
           they
           should
           in
           whole
           Companies
           be
           had
           away
           from
           the
           bar
           ,
           and
           condemned
           to
           thraldom
           ,
           and
           alledge
           that
           the
           Commons
           could
           never
           be
           relieved
           ,
           until
           they
           make
           one
           out
           of
           their
           body
           a
           Consul
           ,
           who
           might
           be
           equal
           in
           the
           Soveraign
           command
           and
           power
           of
           the
           Sword
           ,
           and
           maintain
           and
           protect
           their
           liberty
           .
           The
           next
           year
           the
           Legions
           being
           returned
           home
           ,
           the
           same
           Tribunes
           of
           the
           Commons
           are
           chosen
           ,
           and
           the
           same
           Laws
           again
           proposed
           ;
           the
           Senate
           when
           they
           saw
           the
           Tribes
           called
           ,
           and
           none
           of
           the
           Tribunes
           step
           forth
           to
           stop
           their
           proceedings
           ,
           
           began
           to
           be
           exceedingly
           afraid
           ,
           
           and
           choose
           a
           Dictator
           ;
           the
           Tribunes
           of
           the
           Commons
           call
           a
           Common
           Hall
           ,
           &
           summon
           out
           the
           Wards
           to
           give
           their
           voices
           ;
           whereupon
           after
           the
           Laws
           were
           propounded
           ,
           and
           some
           of
           the
           Tribunes
           denyed
           them
           Camillus
           the
           Dictator
           ,
           their
           good
           old
           successful
           General
           ,
           formerly
           the
           Saviour
           of
           their
           Common-wealth
           against
           the
           Gaules
           ,
           a
           man
           of
           undoubted
           honour
           and
           integrity
           ,
           and
           the
           Darling
           of
           the
           Peoples
           ,
           sided
           with
           the
           gain-saying
           Tribuns
           ,
           and
           stickling
           to
           maintain
           their
           intercession
           and
           gain-saying
           authority
           ,
           sent
           his
           Lictors
           and
           Serjeants
           to
           command
           the
           Commons
           to
           depart
           ,
           threatning
           withal
           that
           if
           they
           proceeded
           thus
           like
           Conquerors
           to
           give
           Laws
           ,
           he
           would
           take
           a
           Military
           Oath
           of
           all
           the
           younger
           sort
           ,
           and
           presently
           lead
           an
           Army
           forth
           of
           the
           City
           ,
           which
           put
           them
           and
           their
           Captains
           and
           Ringleaders
           in
           so
           great
           a
           heat
           of
           contention
           ,
           as
           the
           Dictator
           terrified
           with
           some
           unlucky
           signs
           of
           the
           Birds
           ,
           gave
           up
           his
           office
           ;
           mean
           while
           in
           an
           Assembly
           of
           the
           Commons
           summoned
           by
           the
           Tribunes
           ,
           the
           Laws
           were
           passed
           concerning
           Lands
           and
           Usury
           ;
           howbeit
           
           shortly
           after
           it
           was
           found
           that
           Licinius
           had
           a
           great
           many
           more
           number
           of
           Acres
           of
           Land
           than
           his
           own
           Laws
           permitted
           .
           After
           this
           another
           Dictator
           was
           chosen
           ,
           who
           nominated
           Licinius
           General
           of
           the
           Horse-men
           ,
           
           who
           with
           Sextius
           at
           the
           next
           Election
           day
           for
           the
           Tribunes
           of
           the
           Commons
           so
           demeaned
           themselves
           ,
           as
           seeming
           to
           be
           weary
           of
           the
           place
           ,
           they
           were
           the
           more
           eagerly
           desired
           by
           the
           Commons
           ,
           and
           alledged
           thereupon
           ,
           that
           the
           Commons
           themselves
           were
           they
           that
           hindred
           their
           own
           good
           ,
           who
           might
           presently
           ,
           if
           they
           would
           ,
           have
           their
           City
           ,
           their
           Common-Hall
           ,
           and
           places
           of
           Assemblies
           freed
           from
           those
           Creditors
           ,
           and
           their
           Lands
           recovered
           again
           from
           the
           unjust
           Landlords
           ;
           that
           it
           stood
           not
           with
           the
           modesty
           of
           the
           People
           of
           Rome
           ,
           to
           require
           to
           be
           eased
           themselves
           of
           Usury
           ,
           &
           set
           in
           possession
           again
           of
           the
           Lands
           with-held
           from
           them
           ,
           and
           to
           leave
           those
           old
           Tribunes
           ,
           by
           whose
           means
           they
           had
           gained
           those
           commodities
           to
           shift
           for
           themselves
           without
           honour
           or
           hopes
           thereof
           ;
           and
           that
           if
           the
           Commons
           should
           not
           resolve
           to
           speak
           affirmatively
           to
           those
           Laws
           ,
           
           it
           would
           be
           to
           no
           purpose
           to
           choose
           any
           Tribunes
           ,
           neither
           would
           they
           accept
           of
           the
           Tribuneship
           ,
           neither
           should
           the
           Commons
           have
           those
           Laws
           ratified
           ,
           which
           were
           already
           granted
           :
           
           But
           upon
           an
           Oration
           or
           Speech
           of
           
             Appius
             Claudius
          
           a
           Senator
           ,
           setting
           forth
           the
           inconveniences
           of
           what
           was
           propounded
           ,
           and
           that
           by
           what
           had
           been
           already
           wrested
           by
           the
           Tribunes
           ,
           
             All
             Credit
             in
             borrowing
             and
             lending
             ,
             and
             taking
             and
             putting
             forth
             of
             Money
             would
             be
             abolished
             ,
             to
             the
             destruction
             of
             all
             humane
             Society
             ,
             Commerce
             and
             enter-course
             whatsoever
             .
          
           The
           matter
           was
           adjourned
           ,
           and
           the
           publication
           of
           those
           Acts
           cut
           off
           and
           deferred
           ;
           but
           the
           same
           Tribunes
           Sextius
           and
           Licinius
           being
           chosen
           again
           the
           Tenth
           time
           ,
           got
           a
           Law
           enacted
           ,
           that
           of
           the
           
             Decem
             viri
          
           for
           Church
           &
           Ecclesiastical
           matters
           some
           should
           be
           elected
           of
           the
           Commons
           ,
           with
           which
           they
           were
           so
           well
           content
           ,
           as
           they
           laid
           aside
           the
           business
           of
           Tribunes
           Consular
           ,
           
           and
           gave
           way
           for
           the
           creating
           of
           Tribunes
           Military
           ;
           and
           the
           Venerable
           Camillus
           being
           almost
           fourscore
           years
           old
           ,
           is
           the
           fifth
           time
           chosen
           Dictator
           ,
           but
           after
           the
           Wars
           ended
           with
           the
           Gaules
           ,
           who
           had
           invaded
           them
           ,
           
           is
           welcomed
           home
           with
           a
           hotter
           Sedition
           in
           the
           City
           ;
           where
           after
           many
           sharp
           bickerings
           and
           contentions
           ,
           the
           Senate
           and
           Dictator
           were
           forced
           to
           accept
           of
           the
           Tribunes
           Laws
           ,
           and
           Sextius
           was
           created
           Consul
           out
           of
           the
           Commoners
           ;
           but
           by
           reason
           that
           the
           Nobles
           refused
           to
           give
           their
           consent
           ,
           that
           Camillus
           should
           leave
           his
           place
           of
           Dictator
           ,
           the
           Tribunes
           of
           the
           Commons
           ,
           as
           Camillus
           was
           set
           in
           his
           Chair
           in
           the
           Town-hall
           hearing
           of
           causes
           ,
           sent
           a
           Serjeant
           to
           him
           ,
           who
           commanded
           him
           to
           follow
           him
           ,
           and
           laid
           violent
           hands
           upon
           him
           ,
           to
           carry
           him
           away
           by
           force
           ;
           Which
           made
           an
           uproar
           ,
           saith
           Livy
           ,
           was
           never
           before
           seen
           in
           the
           Common-hall
           or
           Town-house
           ,
           Camillus
           Friends
           driving
           the
           Serjeant
           behind
           the
           Chair
           ;
           and
           the
           People
           crying
           out
           from
           beneath
           to
           the
           Serjeant
           ,
           to
           pull
           him
           out
           :
           Notwithstanding
           all
           which
           he
           would
           not
           resign
           up
           his
           Office
           ,
           but
           taking
           with
           him
           those
           Senators
           which
           were
           about
           him
           ,
           went
           towards
           the
           place
           where
           the
           Senate
           was
           wont
           to
           be
           kept
           ,
           but
           before
           he
           could
           go
           in
           ,
           he
           returned
           back
           again
           to
           the
           Capitol
           ,
           and
           made
           his
           prayer
           to
           the
           Gods
           ,
           that
           it
           would
           
           please
           them
           to
           bring
           his
           Troubles
           again
           to
           a
           quiet
           ,
           and
           made
           a
           solemn
           vow
           and
           promise
           ,
           if
           those
           Troubles
           might
           be
           pacified
           ,
           
           to
           build
           a
           Temple
           to
           Concord
           .
           And
           the
           matter
           coming
           after
           to
           be
           debated
           before
           the
           Senate
           ,
           there
           hapned
           such
           an
           hot
           contention
           and
           diversity
           of
           opinions
           ,
           as
           the
           easier
           way
           carried
           it
           ,
           which
           was
           to
           grant
           the
           Common
           Peoples
           desire
           ,
           that
           a
           Commoner
           should
           be
           chosen
           Consul
           with
           a
           Noble
           Man
           ,
           and
           it
           was
           agreed
           ,
           that
           the
           Common
           People
           should
           be
           content
           that
           the
           Nobles
           might
           out
           of
           the
           Patricii
           create
           a
           Praetor
           ,
           or
           Lord
           Chief
           Justice
           for
           
             Oyer
             and
             Terminer
          
           in
           causes
           within
           the
           City
           ,
           which
           being
           by
           the
           Dictator
           published
           to
           the
           People
           ,
           they
           were
           so
           joyful
           as
           they
           brought
           Camillus
           home
           to
           his
           house
           ,
           with
           great
           shouts
           of
           joy
           and
           clapping
           of
           hands
           ;
           and
           being
           the
           next
           morning
           assembled
           in
           the
           Town-house
           or
           Market-place
           ,
           decreed
           ,
           that
           the
           Temple
           of
           Concord
           should
           be
           built
           at
           the
           Common-wealth's
           charge
           ,
           that
           some
           Festival
           dayes
           should
           be
           solemnized
           ,
           and
           Sacrifices
           made
           unto
           the
           Gods
           in
           every
           Temple
           of
           the
           City
           ,
           to
           give
           them
           thanks
           ,
           and
           that
           the
           People
           
           should
           in
           token
           of
           joy
           wear
           Garlands
           upon
           their
           heads
           for
           this
           reconciliation
           .
        
         
           About
           nine
           years
           after
           upon
           a
           new
           Sedition
           of
           choosing
           of
           Magistrates
           ,
           and
           for
           want
           of
           them
           an
           Interregnum
           happening
           ,
           the
           Commons
           lost
           their
           Consulship
           again
           ,
           and
           two
           of
           the
           Patricii
           began
           to
           govern
           ,
           who
           thinking
           to
           continue
           it
           as
           formerly
           in
           the
           Nobility
           ,
           had
           the
           trouble
           of
           another
           Sedition
           ,
           wherein
           the
           People
           after
           many
           stirs
           and
           meetings
           not
           prevailing
           ,
           two
           other
           Confuls
           of
           the
           Nobility
           were
           elected
           .
           And
           though
           the
           Usury
           or
           rate
           of
           Interest
           was
           much
           abated
           ,
           yet
           the
           poorer
           sort
           of
           the
           People
           being
           over-charged
           with
           the
           payment
           of
           the
           principal
           ,
           became
           bound
           and
           thrall
           to
           their
           Creditors
           ,
           in
           so
           much
           as
           the
           Commons
           ,
           in
           regard
           of
           their
           private
           streights
           which
           they
           were
           driven
           unto
           ,
           never
           troubled
           their
           heads
           at
           all
           any
           more
           with
           the
           making
           of
           Consuls
           .
           
        
         
           In
           the
           end
           of
           the
           next
           year
           after
           ,
           
           the
           contention
           betwixt
           the
           Senate
           and
           the
           Common
           People
           brake
           forth
           ,
           concerning
           the
           Election
           of
           the
           Consuls
           ;
           whereupon
           the
           Tribunes
           of
           the
           People
           stifly
           denyed
           to
           
           suffer
           any
           Assembly
           to
           be
           holden
           ,
           unless
           they
           might
           have
           one
           of
           the
           Consuls
           to
           be
           chosen
           out
           of
           the
           Commons
           ,
           according
           to
           the
           Law
           Licinian
           :
           And
           the
           Dictator
           as
           stoutly
           bent
           to
           denye
           it
           ,
           the
           Election
           was
           adjourned
           ,
           and
           the
           Dictator
           leaving
           his
           Office
           ,
           the
           matter
           grew
           again
           to
           an
           Interregnum
           ,
           and
           the
           Interregents
           finding
           the
           Commons
           to
           be
           alwayes
           maliciously
           set
           against
           the
           Senators
           ,
           succeeded
           one
           after
           another
           until
           the
           Eleventh
           Interregnum
           ,
           when
           the
           discord
           and
           variance
           still
           continuing
           ,
           the
           Tribunes
           called
           on
           hard
           for
           the
           Law
           Licinia
           ;
           the
           Commons
           had
           an
           inward
           grief
           that
           struck
           nearer
           to
           them
           ,
           upon
           the
           excessive
           Usury
           that
           still
           increased
           ,
           and
           each
           mans
           private
           care
           and
           grievance
           brake
           out
           in
           their
           publick
           contentions
           and
           debates
           ;
           the
           Senate
           thereupon
           weary
           of
           such
           Troubles
           ,
           commanded
           
             L.
             Scipio
          
           the
           Interregent
           for
           the
           time
           ,
           being
           for
           concord
           and
           unity
           sake
           ,
           to
           observe
           the
           Law
           Licinia
           ,
           in
           the
           Election
           of
           the
           Confuls
           ,
           so
           as
           
             P.
             Valerius
             Publicola
          
           had
           joyned
           with
           him
           in
           fellowship
           of
           Government
           ,
           
             Cajus
             Martius
             Rutilius
          
           one
           of
           the
           Commons
           .
        
         
         
           Who
           labouring
           to
           ease
           the
           matter
           of
           Usury
           ,
           being
           that
           which
           hindred
           the
           general
           agreement
           ,
           set
           a
           course
           to
           do
           it
           ,
           so
           as
           the
           long
           or
           old
           debts
           ,
           which
           were
           more
           intangled
           rather
           in
           regard
           of
           the
           Debtors
           slackness
           and
           negligence
           then
           
             want
             of
             ability
          
           ,
           the
           City
           out
           of
           the
           common
           Stock
           crossed
           them
           out
           of
           the
           Book
           ,
           by
           setting
           up
           certain
           Counters
           or
           Tables
           ,
           with
           ready
           coin
           in
           the
           publick
           Hall
           ,
           provided
           that
           good
           Security
           were
           given
           to
           the
           City
           ,
           by
           Sureties
           put
           in
           beforehand
           ,
           or
           else
           the
           Goods
           of
           Men
           valued
           at
           indifferent
           and
           reasonable
           prices
           were
           to
           discharge
           the
           Debts
           ,
           so
           as
           a
           great
           number
           of
           Debts
           ,
           without
           the
           complaint
           of
           either
           Party
           ,
           was
           satisfied
           and
           paid
           .
        
         
           Two
           years
           after
           the
           Ancient
           possession
           ,
           
           saith
           Livy
           ,
           of
           the
           Consulship
           was
           restored
           to
           the
           Senators
           ;
           and
           about
           two
           years
           after
           that
           ,
           the
           Usury
           coming
           but
           to
           half
           so
           much
           as
           it
           was
           formerly
           ,
           the
           payment
           of
           Debts
           were
           dispenced
           ,
           and
           ordered
           to
           be
           paid
           in
           three
           years
           by
           even
           portions
           ,
           so
           as
           a
           fourth
           part
           were
           paid
           beforehand
           ,
           some
           of
           the
           Commons
           being
           for
           all
           that
           pinched
           therewith
           ,
           
           for
           that
           the
           Senate
           had
           more
           care
           to
           see
           Credit
           kept
           with
           the
           Chamber
           of
           the
           City
           ,
           then
           of
           the
           difficulties
           of
           private
           Persons
           ,
           which
           was
           the
           better
           born
           in
           regard
           of
           the
           forbearance
           to
           muster
           Souldiers
           ,
           and
           call
           for
           Tribute
           .
        
         
           About
           seven
           years
           after
           that
           ,
           upon
           a
           mutiny
           of
           the
           Souldiers
           ,
           in
           the
           Camp
           a
           Law
           was
           published
           by
           a
           Tribune
           of
           the
           Commons
           ,
           that
           Usury
           should
           be
           made
           altogether
           unlawful
           ;
           and
           after
           many
           nnreasonable
           demands
           ,
           saith
           Livy
           ,
           the
           insurrection
           of
           the
           Souldiers
           ,
           who
           compelled
           their
           Commanders
           to
           march
           against
           the
           City
           ,
           was
           upon
           a
           Capitulation
           made
           as
           once
           before
           (
           saith
           that
           learned
           Historian
           )
           the
           Commons
           ,
           
           and
           a
           second
           time
           the
           Army
           had
           done
           with
           the
           Senate
           ,
           that
           their
           mutiny
           and
           insurrection
           should
           not
           be
           made
           use
           of
           to
           their
           danger
           or
           dishonour
           ,
           it
           was
           appeased
           .
        
         
           About
           sixteen
           years
           after
           ,
           being
           three
           hundred
           and
           thirteen
           years
           before
           the
           Incarnation
           or
           coming
           of
           
             Christ
             ,
             Papirius
             Publius
          
           being
           bound
           for
           his
           Fathers
           Debt
           ,
           
           &
           having
           consigned
           himself
           a
           Prisoner
           to
           the
           Creditor
           ,
           who
           supposing
           that
           he
           might
           abuse
           
           the
           young
           mans
           Body
           for
           Interest
           of
           his
           Money
           ,
           began
           to
           tempt
           him
           with
           fair
           words
           and
           promises
           ,
           afterwards
           to
           threaten
           him
           ,
           and
           when
           that
           would
           not
           serve
           ,
           commanded
           him
           to
           be
           stript
           naked
           and
           whipt
           ;
           whereupon
           the
           young
           man
           all
           wounded
           and
           torn
           ran
           forth
           into
           the
           Street
           ,
           and
           complained
           to
           all
           he
           met
           ,
           of
           the
           filthy
           lust
           and
           cruelty
           of
           the
           Creditor
           ;
           and
           thereupon
           a
           great
           company
           of
           People
           moved
           with
           the
           injury
           of
           the
           Usurer
           ,
           and
           pity
           of
           the
           young
           Man
           ,
           as
           also
           in
           regard
           of
           their
           own
           case
           and
           their
           Children
           ,
           gathered
           themselves
           into
           the
           Market-place
           or
           Town-hall
           ,
           and
           from
           thence
           towards
           the
           Senate-house
           ;
           and
           the
           Consuls
           being
           upon
           this
           suddain
           uproar
           Coacti
           ,
           saith
           Livy
           ,
           compelled
           ,
           to
           assemble
           the
           Senate
           ;
           the
           People
           as
           the
           Senators
           entred
           in
           the
           Senate-house
           lay
           prostrate
           at
           their
           feet
           ,
           as
           they
           passed
           by
           shewed
           the
           young
           mans
           back
           and
           sides
           ;
           whereupon
           the
           Consuls
           were
           commanded
           to
           propose
           to
           the
           People
           ,
           that
           from
           hence
           forward
           no
           person
           whatsoever
           ,
           unless
           guilty
           of
           matters
           Criminal
           or
           Trespas
           (
           for
           noxa
           ,
           the
           word
           used
           there
           by
           Livy
           ,
           and
           
             Noxales
             actiones
          
           are
           
           by
           the
           Roman
           and
           Civil
           Laws
           ,
           and
           our
           Bracton
           also
           interpreted
           ,
           to
           be
           matters
           and
           actions
           of
           Trespas
           as
           well
           as
           greater
           crimes
           )
           until
           he
           were
           condemned
           to
           punishment
           ,
           should
           be
           bound
           in
           Fetters
           or
           Chains
           ,
           and
           that
           the
           Goods
           of
           the
           Debtors
           ,
           not
           the
           Body
           ,
           should
           be
           obnoxious
           to
           the
           payment
           of
           the
           Money
           borrowed
           (
           which
           might
           better
           be
           ordained
           there
           than
           with
           us
           ,
           or
           many
           other
           Nations
           ,
           for
           that
           the
           Romans
           by
           their
           Censors
           did
           keep
           publick
           Registers
           of
           every
           mans
           Lands
           ,
           Estate
           ,
           and
           Lands
           ;
           so
           they
           that
           were
           in
           Bondage
           became
           released
           and
           enlarged
           ;
           and
           order
           war
           taken
           for
           the
           time
           to
           come
           ,
           
           
             ne
             necterentur
          
           ,
           saith
           Livy
           ,
           that
           the
           Debtors
           should
           not
           hereafter
           be
           bound
           or
           chained
           in
           Prison
           :
           Which
           if
           any
           shall
           misinterpret
           to
           be
           an
           absolute
           freedom
           of
           the
           Persons
           of
           the
           Debtors
           from
           Arrest
           ,
           the
           Roman
           Records
           and
           Histories
           will
           be
           agains●
           them
           .
        
      
       
         
         
           CHAP.
           XIII
           .
           That
           this
           Order
           made
           to
           pacifie
           a
           Tumult
           was
           not
           perpetual
           ,
           or
           so
           much
           as
           intended
           to
           extend
           to
           an
           absolute
           freedom
           of
           the
           Debtors
           from
           Arrest
           or
           restrainte
           of
           their
           Persons
           ,
           till
           they
           appeared
           in
           Courts
           of
           Justice
           or
           gave
           Bail
           to
           do
           it
           .
        
         
           FOr
           a
           Plebiscite
           or
           Law
           of
           the
           People
           ,
           it
           could
           not
           be
           for
           they
           were
           not
           called
           together
           by
           Tribes
           or
           Wards
           ,
           under
           the
           Authority
           of
           the
           Tribunes
           ;
           or
           if
           they
           had
           so
           many
           Usurers
           ,
           and
           all
           that
           were
           either
           Rich
           men
           or
           Creditors
           ,
           were
           likely
           to
           have
           been
           against
           it
           ;
           
           And
           an
           Act
           of
           the
           Senate
           it
           could
           not
           be
           ,
           for
           they
           were
           forced
           or
           affrighted
           to
           it
           ,
           and
           it
           wanted
           the
           consent
           of
           all
           the
           Peoples
           deliberation
           ,
           and
           the
           just
           solemnities
           of
           it
           :
           
           For
           
             ab
             exactis
             Regibus
          
           ,
           from
           the
           time
           of
           putting
           down
           Monarchy
           ,
           till
           the
           Reign
           of
           
             Tiberius
             Caesar
          
           ,
           saith
           Bodin
           ,
           the
           Senate
           alone
           had
           no
           power
           to
           make
           Laws
           ,
           but
           only
           Annual
           Decrees
           
           or
           Ordinances
           :
           Which
           bound
           not
           the
           Common
           People
           (
           Ordinances
           or
           Decrees
           of
           the
           Senate
           (
           saith
           
             Dionisius
             Halicarnasseus
          
           ,
           
           a
           most
           diligent
           Inquirer
           into
           the
           Roman
           Customes
           ,
           having
           
             Nullam
             vim
             legis
             nisi
             Populus
             probaret
             ,
          
           No
           force
           or
           effect
           of
           Law
           unless
           the
           People
           approved
           of
           it
           ;
           
             Et
             ea
             quae
             Populus
             probaverat
             annua
             tantum
             erant
             ,
             nisi
             rogatione
             ad
             Populum
             ,
             vel
             ad
             plebem
             vim
             legis
             adipiscerentur
             ,
          
           And
           those
           also
           which
           the
           People
           did
           approve
           were
           but
           Annual
           ,
           if
           by
           rogation
           or
           asking
           the
           People's
           consent
           ,
           being
           called
           together
           by
           their
           Wards
           ,
           it
           obtained
           the
           force
           of
           a
           Law
           ,
           and
           without
           a
           rogation
           or
           demanding
           the
           Suffrage
           of
           the
           People
           was
           ,
           as
           Bodin
           saith
           ,
           ineffectual
           so
           as
           a
           Law
           ,
           
           it
           was
           not
           because
           all
           the
           People
           were
           not
           duly
           called
           nor
           had
           agreed
           to
           it
           ,
           and
           being
           no
           Law
           ,
           could
           be
           no
           more
           then
           an
           Edict
           of
           the
           Consuls
           ,
           or
           an
           Ordinance
           of
           the
           Senate
           ;
           or
           if
           a
           Law
           (
           because
           we
           fiud
           it
           by
           
             Paulus
             Manutius
          
           reckoned
           for
           no
           less
           )
           was
           but
           temporary
           ,
           
           and
           to
           pacifie
           and
           bring
           to
           their
           wits
           again
           the
           inraged
           multitude
           .
        
         
           But
           whatsoever
           it
           was
           ,
           it
           extended
           not
           
           nor
           was
           so
           much
           as
           intended
           to
           take
           away
           that
           necessary
           power
           of
           the
           Praetor
           or
           Magistrat
           ,
           of
           coercing
           or
           compelling
           men
           to
           appear
           before
           them
           in
           Judgment
           ,
           but
           was
           abrogated
           or
           continued
           but
           for
           that
           time
           or
           a
           little
           after
           ,
           or
           not
           put
           in
           execution
           ,
           a
           fate
           which
           many
           other
           enforced
           Acts
           or
           Orders
           of
           that
           Common-wealth
           came
           under
           ;
           as
           that
           of
           the
           Law
           Licinia
           ,
           or
           choosing
           of
           one
           of
           the
           Consuls
           out
           of
           the
           Commons
           ;
           that
           of
           lessening
           of
           Usury
           at
           one
           time
           ,
           or
           taking
           it
           quite
           away
           at
           another
           ,
           which
           had
           their
           intermissions
           ;
           the
           latter
           of
           which
           was
           so
           impossible
           to
           be
           kept
           ,
           as
           by
           custom
           and
           mens
           necessities
           it
           came
           to
           be
           to
           no
           purpose
           ,
           which
           the
           many
           Seditions
           of
           the
           People
           ,
           which
           happened
           afterwards
           concerning
           Usury
           ,
           and
           the
           more
           ease
           then
           abatement
           of
           it
           ,
           may
           be
           enough
           to
           perswade
           us
           unto
           :
           For
           besides
           what
           may
           be
           observed
           concerning
           the
           enforcing
           of
           that
           Law
           ,
           and
           the
           course
           taken
           to
           pacifie
           the
           People
           ,
           the
           meaning
           of
           
             Bona
             Debitoris
             pecuniae
             oreditae
             non
             Corpus
             obnoxium
             esset
             ,
          
           That
           the
           Goods
           of
           the
           Debtor
           not
           his
           Body
           should
           be
           obnoxidus
           or
           liable
           to
           the
           Debts
           ,
           might
           probably
           
           be
           understood
           to
           be
           ,
           that
           the
           Goods
           of
           the
           Debtor
           should
           be
           sold
           or
           taken
           in
           Execution
           ,
           for
           the
           satisfaction
           of
           the
           Creditor
           ,
           as
           far
           as
           they
           would
           go
           ,
           and
           that
           his
           Body
           howsoever
           should
           not
           be
           bound
           or
           lye
           in
           chains
           for
           it
           ,
           and
           that
           those
           that
           were
           bound
           in
           Fetters
           or
           Chains
           were
           released
           from
           that
           kind
           of
           imprisonment
           ,
           as
           may
           appear
           by
           the
           Body
           of
           that
           Law
           ,
           or
           the
           perclose
           and
           conclusion
           of
           it
           ;
           which
           only
           saith
           
             Ita
             nexi
             soluti
          
           ,
           so
           those
           that
           were
           bound
           in
           Fetters
           or
           Chains
           were
           released
           ,
           which
           must
           be
           understood
           to
           be
           by
           the
           Sale
           of
           their
           Goods
           ;
           And
           for
           the
           time
           to
           come
           ,
           singly
           relating
           to
           the
           matter
           of
           binding
           in
           Chains
           or
           Fetters
           ,
           not
           as
           to
           the
           Sale
           or
           taking
           of
           Goods
           hath
           only
           these
           words
           ,
           
             Cantumque
             in
             posterum
             ne
             necterentur
          
           ;
           And
           for
           the
           future
           it
           was
           enacted
           ,
           that
           for
           Money
           borrowed
           the
           Debtors
           should
           not
           be
           bound
           in
           Chains
           ,
           which
           needed
           not
           have
           been
           if
           their
           Goods
           ,
           and
           not
           their
           Persons
           had
           only
           been
           liable
           to
           Debts
           ;
           the
           way
           of
           Distringas
           or
           attaching
           Men
           by
           their
           Goods
           (
           where
           they
           were
           not
           Fugitives
           ,
           or
           had
           a
           certain
           or
           visible
           Estate
           ,
           being
           
           not
           then
           unusual
           ,
           as
           may
           appear
           by
           what
           was
           done
           in
           the
           Case
           of
           the
           Senators
           ,
           who
           had
           their
           Goods
           taken
           and
           distrained
           ,
           for
           not
           coming
           upon
           Summons
           unto
           the
           Senate-house
           .
        
         
           Which
           Law
           or
           whatsoever
           it
           is
           to
           be
           called
           ,
           got
           so
           little
           allowance
           in
           the
           opinion
           of
           Livy
           ,
           that
           most
           learned
           and
           ever
           approved
           Historian
           ,
           as
           he
           gives
           it
           no
           better
           opinion
           in
           the
           reporting
           of
           it
           ,
           but
           that
           upon
           occasion
           of
           an
           injury
           done
           to
           one
           Man
           ,
           
             A
             mighty
             bond
             or
             tye
             upon
             the
             People
             to
             keep
             their
             Credit
             was
             that
             day
             broken
             :
          
           And
           it
           will
           howsoever
           be
           evident
           enough
           to
           any
           who
           shall
           but
           acknowledge
           that
           truth
           ,
           which
           will
           every
           where
           meet
           him
           in
           his
           enquiry
           ,
           through
           the
           Roman
           History
           or
           Customes
           ,
           that
           they
           did
           not
           by
           that
           Edict
           or
           Law
           abridge
           or
           take
           away
           the
           power
           of
           the
           Praetor
           or
           Judge
           ,
           who
           though
           he
           was
           at
           first
           appointed
           and
           set
           up
           at
           the
           Request
           of
           the
           Tribunes
           and
           People
           ,
           had
           two
           Lictors
           with
           Axes
           and
           bundels
           of
           Rods
           (
           a
           more
           terrible
           kind
           of
           Officer
           then
           our
           Serjeants
           or
           Mace-bearers
           )
           allowed
           to
           attend
           him
           in
           the
           necessary
           course
           of
           preserving
           that
           power
           
           was
           put
           into
           his
           hands
           ,
           to
           judge
           and
           determine
           of
           causes
           :
           For
           we
           may
           find
           Sempronius
           a
           Tribune
           of
           the
           People
           ,
           about
           sixteen
           years
           after
           the
           pretended
           Law
           of
           prohibitting
           Men
           to
           be
           bound
           in
           Fetters
           for
           Money
           lent
           ,
           
           to
           command
           Appius
           the
           Censor
           to
           be
           attached
           or
           committed
           to
           Prison
           for
           no
           criminal
           or
           hainous
           fact
           :
           That
           in
           the
           accusation
           and
           pleadiug
           of
           
             Scipio
             Africanus
          
           ,
           about
           one
           hundred
           &
           twenty-two
           years
           after
           ,
           concerning
           an
           Accompt
           of
           the
           publick
           Treasures
           ,
           the
           Court
           was
           attended
           by
           Lictors
           or
           Serjeants
           ,
           
           and
           a
           common
           Cryer
           ;
           and
           that
           the
           Tribunes
           of
           the
           People
           themselves
           ,
           in
           the
           absence
           of
           
             Scipio
             Africanus
          
           ,
           when
           he
           sent
           his
           Brothers
           to
           appear
           for
           him
           ,
           but
           failed
           to
           appear
           in
           Person
           ,
           upon
           a
           longer
           day
           granted
           for
           the
           Process
           of
           the
           Law
           against
           him
           ,
           to
           cry
           out
           ,
           saying
           ,
           
             Dare
             we
             not
             now
             send
             Folk
             to
             fetch
             him
             ,
          
           being
           but
           a
           private
           Person
           ,
           out
           of
           his
           Farm
           and
           House
           in
           the
           Country
           ,
           and
           make
           him
           appear
           ?
           unto
           whom
           not
           seventeen
           years
           ago
           ,
           at
           which
           time
           he
           was
           General
           of
           an
           Army
           at
           Land
           and
           Admiral
           at
           Sea
           ,
           we
           were
           so
           bold
           as
           to
           send
           Tribunes
           of
           the
           
           Commons
           ,
           and
           an
           Aedile
           to
           Arrest
           and
           bring
           him
           away
           ;
           that
           
             L.
             Scipio
          
           his
           Brother
           being
           after
           his
           death
           accused
           and
           condemned
           ,
           for
           not
           bringing
           to
           accompt
           some
           Treasures
           taken
           in
           the
           Wars
           ,
           
           when
           some
           of
           
           Scipio's
           Friends
           had
           appealed
           to
           the
           Tribunes
           of
           the
           People
           for
           their
           help
           ,
           and
           remonstrated
           the
           many
           merits
           and
           services
           of
           him
           and
           his
           Family
           ;
           the
           Praetor
           or
           Lord
           Chief
           Justice
           opposed
           ,
           and
           said
           .
           That
           for
           his
           part
           he
           could
           not
           do
           with
           all
           ,
           but
           if
           the
           Sum
           wherein
           he
           was
           condemned
           was
           not
           brought
           into
           the
           Common
           Treasury
           .
           
             He
             knew
             no
             other
             remedy
             nor
             what
             else
             to
             do
             ,
             but
             command
             him
             as
             a
             condemned
             Person
             to
             be
             apprehended
             again
             ,
             and
             had
             away
             to
             Prison
             .
          
           And
           when
           the
           Tribunes
           of
           the
           People
           ,
           all
           but
           
             Titus
             Gracchus
          
           ,
           pronounced
           alone
           that
           they
           would
           not
           interpose
           ,
           and
           that
           the
           Praetor
           might
           execute
           his
           Office
           and
           Authority
           ,
           all
           the
           favour
           which
           Gracchus
           one
           of
           the
           Tribunes
           thought
           fit
           to
           do
           him
           ,
           was
           to
           decree
           ,
           that
           as
           touching
           the
           Sum
           wherein
           
             L.
             Scipio
          
           was
           condemned
           ,
           
           he
           would
           not
           be
           against
           it
           nor
           hinder
           the
           Praetor
           ,
           but
           that
           he
           might
           use
           his
           power
           according
           to
           his
           place
           ,
           and
           
           take
           it
           out
           of
           his
           Goods
           as
           far
           as
           they
           would
           stretch
           ;
           
             but
             would
             never
             consent
             ,
             that
             he
             who
             had
             subdued
             the
             mightiest
             Monarch
             of
             the
             world
             ,
             and
             extended
             the
             bounds
             of
             the
             Roman
             Empire
             as
             far
             as
             the
             utmost
             ends
             of
             the
             Earth
             should
             lye
             in
             Prison
             and
             Irons
             .
          
           Besides
           how
           little
           that
           pretended
           Law
           ,
           gained
           by
           a
           Tumult
           ,
           prevailed
           against
           the
           Imprisonment
           of
           Men
           in
           Chains
           or
           Irons
           ,
           after
           Judgment
           in
           Debt
           or
           other
           Civil
           Actions
           ,
           or
           a
           bare
           Imprisonment
           without
           them
           ,
           plainly
           enough
           appears
           ,
           in
           the
           Customes
           and
           Usages
           of
           those
           times
           ,
           held
           forth
           in
           the
           Oration
           made
           by
           
             Publius
             Scipio
             Na●ica
          
           ,
           another
           of
           those
           famous
           Brothers
           ,
           made
           to
           the
           Tribuns
           of
           the
           People
           in
           the
           behalf
           of
           
             L.
             Scipio
          
           his
           Brother
           ,
           to
           keep
           him
           from
           going
           to
           Prison
           ,
           clearing
           up
           unto
           us
           the
           usage
           of
           those
           times
           ,
           notwithstanding
           that
           pretended
           Law
           ;
           for
           there
           we
           may
           find
           him
           saying
           ,
           
             That
             which
             cannot
             be
             made
             of
             the
             substance
             and
             Goods
             of
             L.
             Scipio
             ,
             they
             will
             make
             good
             on
             his
             Body
             .
          
        
         
           So
           that
           it
           will
           be
           abundantly
           evident
           ,
           that
           all
           the
           before
           recited
           Tosses
           ,
           Commotions
           and
           Troubles
           of
           that
           grand
           Common-wealth
           
           of
           Rome
           ,
           and
           that
           People's
           humors
           and
           ignorance
           in
           that
           Popular
           Government
           ,
           which
           made
           them
           to
           be
           restless
           as
           the
           Waves
           of
           the
           Sea
           ,
           tormenting
           and
           inquieting
           themselves
           and
           their
           Magistracy
           ;
           which
           continued
           until
           that
           Republique
           had
           ,
           as
           Tacitus
           saith
           ,
           tired
           it self
           
             Civilibus
             discordiis
          
           ,
           and
           gained
           a
           rest
           from
           those
           publick
           disturbances
           in
           the
           Government
           and
           Monarchy
           of
           
             Augustus
             Caesar
          
           ,
           
           were
           more
           in
           regard
           of
           an
           horrid
           Usury
           &
           their
           Debts
           ,
           and
           being
           constrained
           at
           the
           same
           time
           to
           pay
           Tributes
           ,
           Muster
           ,
           and
           fight
           for
           their
           Countrey
           then
           of
           their
           being
           imprisoned
           ,
           and
           more
           for
           the
           chains
           and
           cruel
           manner
           of
           Usage
           ,
           then
           for
           the
           Imprisonment
           it self
           ,
           or
           restraint
           of
           their
           liberty
           upon
           actions
           of
           Debt
           ,
           which
           without
           a
           renouncing
           of
           Justice
           ,
           and
           all
           the
           hopes
           and
           benefits
           thereof
           could
           not
           be
           forsaken
           ;
           And
           were
           therefore
           without
           the
           former
           severities
           of
           Bondage
           ,
           Chains
           and
           Fetters
           ,
           to
           be
           reckoned
           amongst
           the
           most
           necessary
           &
           excellent
           rules
           of
           Justice
           ,
           
           void
           of
           all
           Tyranny
           .
           And
           was
           so
           liked
           and
           approved
           by
           that
           conquering
           and
           great
           Nation
           ,
           as
           Hermodurus
           an
           Ephesian
           ,
           
           who
           had
           been
           Assistant
           to
           the
           
             Decem
             viri
          
           ,
           in
           the
           Interpretation
           of
           
           Solon's
           Laws
           ,
           had
           his
           Statue
           erected
           in
           the
           Forum
           or
           Place
           of
           Justice
           ;
           and
           were
           so
           continued
           &
           commended
           to
           after
           Ages
           ,
           as
           in
           
           Tully's
           time
           ,
           which
           was
           almost
           four
           hundred
           years
           after
           the
           publick
           and
           universal
           consent
           of
           the
           People
           and
           their
           Magistrates
           gained
           ,
           and
           likewise
           after
           the
           pacification
           of
           the
           People's
           complaints
           of
           their
           burdens
           of
           Usury
           ,
           &
           the
           merciless
           usage
           of
           the
           Creditors
           ,
           those
           Laws
           were
           had
           in
           so
           great
           a
           reputation
           &
           veneration
           ,
           as
           that
           part
           of
           them
           
             de
             in
             Jus
             vocando
          
           ,
           
           constraining
           Men
           to
           appear
           in
           Courts
           of
           Justice
           ,
           was
           ,
           as
           he
           saith
           ,
           a
           Parvis
           learnt
           and
           sung
           by
           him
           and
           other
           Children
           ;
           and
           after
           that
           he
           came
           to
           be
           that
           great
           Orator
           and
           Lawyer
           ,
           whose
           just
           praises
           and
           commendation
           the
           many
           Ages
           since
           ,
           and
           a
           long
           course
           of
           time
           have
           taken
           a
           delight
           to
           remember
           ,
           could
           have
           no
           other
           opinion
           of
           those
           Laws
           ,
           then
           that
           if
           all
           the
           learning
           and
           Libraries
           of
           the
           World
           were
           searched
           ,
           those
           of
           the
           Twelve
           Tables
           ,
           
             Si
             quis
             legum
             fontes
             &
             capita
             viderit
             ,
             &
             auctoritatis
             pondere
             &
             utilitatis
             ubertate
             superarent
             ,
          
           If
           any
           would
           enquire
           
           into
           their
           reason
           and
           original
           ,
           their
           authority
           and
           benefit
           considered
           ,
           they
           would
           appear
           to
           be
           the
           best
           of
           all
           Laws
           .
        
         
           And
           were
           so
           generally
           by
           after
           Ages
           well
           liked
           ,
           
           as
           
             Ammianus
             Marcellinus
          
           long
           after
           speaking
           of
           them
           saith
           ,
           That
           
             Solon
             adjutus
             Aegypti
             Sacerdotum
             satis
             justo
             modetamine
             legibus
             Romano
             quoque
             Juri
             maximum
             addidit
             firmamentum
             ,
          
           By
           the
           just
           and
           equal
           Laws
           ,
           which
           he
           had
           made
           by
           the
           assistance
           of
           the
           Egyptian
           Priests
           ,
           was
           a
           great
           means
           of
           the
           establishing
           of
           the
           Roman
           Laws
           .
        
         
           And
           if
           they
           could
           have
           been
           truly
           charged
           with
           any
           Tyranny
           or
           Oppression
           ,
           or
           so
           much
           as
           a
           Suspition
           of
           either
           of
           them
           ,
           that
           Law
           
             de
             in
             Jus
             vocando
          
           ,
           being
           a
           part
           of
           the
           Twelve
           Tables
           ,
           could
           not
           as
           well
           as
           the
           rest
           have
           gained
           as
           it
           did
           ,
           the
           constant
           approbation
           and
           good
           liking
           of
           the
           World
           ,
           and
           come
           as
           it
           hath
           done
           from
           generation
           to
           generation
           unto
           these
           our
           present
           Times
           .
        
         
           And
           it
           is
           a
           thing
           not
           unworthy
           of
           observation
           ,
           and
           pertinent
           enough
           to
           be
           here
           remembred
           ,
           that
           the
           Romans
           abhorring
           the
           
           cruelty
           of
           the
           Diaco
           or
           Athenian
           Laws
           ,
           ordaining
           the
           Debtor
           after
           a
           Sentence
           or
           Judgment
           given
           against
           him
           ,
           and
           a
           certain
           number
           of
           dayes
           limited
           ,
           and
           a
           failer
           of
           payment
           to
           be
           cut
           in
           pieces
           and
           distributed
           to
           the
           Creditors
           (
           which
           cruel
           Law
           ,
           saith
           Quintilian
           ,
           
           
             Mos
             publicus
             repudi●vit
          
           ,
           The
           kindness
           of
           Mankind
           one
           unto
           another
           could
           not
           endure
           to
           be
           put
           in
           Execution
           )
           did
           in
           lieu
           thereof
           ,
           appoint
           a
           seisure
           or
           Execution
           against
           the
           Goods
           of
           the
           Debtors
           ,
           and
           that
           in
           the
           course
           and
           Process
           of
           Arrest
           :
           It
           was
           by
           a
           Constitution
           of
           the
           Praetor
           or
           Lord
           Chief
           Justice
           ordained
           (
           which
           unless
           in
           Cases
           of
           Writs
           of
           Outlary
           ,
           and
           where
           the
           Dores
           are
           not
           open
           is
           to
           this
           day
           observed
           in
           our
           Laws
           )
           
             Ne
             quis
             ex
             domo
             sua
             in
             Jus
             vocari
             vel
             pertrahi
             posset
          
           ;
           
           That
           no
           man
           should
           be
           arrested
           or
           forcibly
           taken
           out
           of
           his
           House
           .
        
         
           And
           the
           Civil
           or
           Caesarean
           Law
           ,
           when
           according
           to
           the
           Custom
           of
           some
           Countries
           ,
           in
           Towns
           or
           Places
           of
           Trade
           ,
           as
           in
           Holland
           and
           the
           
             Vnited
             Provinces
          
           ,
           Arrests
           in
           Actions
           of
           Debt
           were
           at
           the
           first
           not
           much
           accustomed
           ,
           where
           the
           Debtor
           hath
           a
           Domicilium
           
           or
           fixed
           Habitation
           ,
           doth
           not
           withstanding
           in
           the
           notion
           or
           interpretation
           of
           a
           
             Suspectus
             de
             fuga
          
           ,
           warranting
           a
           present
           incarc●rstion
           or
           Arrest
           of
           a
           Debtor
           ,
           if
           he
           be
           not
           a
           Free-holder
           or
           Man
           of
           a
           very
           visible
           Estate
           ,
           appear
           to
           be
           so
           willing
           at
           this
           day
           to
           gratifie
           and
           secure
           the
           fears
           and
           jealousies
           of
           Creditors
           ,
           &
           avoid
           those
           Circulations
           ,
           Inconveniences
           &
           Delayes
           ,
           which
           would
           otherwise
           happen
           if
           they
           should
           tarry
           ,
           as
           they
           do
           sometimes
           under
           that
           Law
           ,
           to
           receive
           the
           debate
           before
           a
           Judge
           ,
           whether
           the
           Debtor
           was
           a
           Free-holder
           ,
           likely
           to
           run
           away
           ,
           deserving
           to
           be
           arrested
           ,
           or
           to
           have
           his
           Body
           to
           be
           secured
           ,
           as
           it
           hath
           allowed
           no
           less
           then
           20.
           
           Exceptions
           ,
           against
           a
           Debtors
           not
           being
           to
           be
           exempted
           from
           it
           ,
           viz.
           First
           ,
           That
           he
           hath
           no
           Free-hold
           or
           ability
           to
           pay
           the
           Debt
           .
           2.
           
           Is
           a
           Forreigner
           ,
           
             Incerti
             Laris
          
           ,
           or
           a
           Vagabond
           .
           3.
           
           Hath
           made
           his
           Estate
           to
           be
           notoriously
           worse
           then
           it
           was
           formerly
           .
           
           4.
           
           
             Accepit
             Pecunias
             sub
             gravibus
             Vsuris
          
           ,
           gave
           too
           great
           Interest
           or
           brocage
           to
           borrow
           Money
           .
           5.
           
           Keeps
           ill
           Company
           .
           6.
           
           Hath
           met
           with
           some
           great
           misfortune
           since
           his
           Debt
           contracted
           .
           7.
           
           Is
           a
           great
           
           Liar
           and
           Deceiver
           ,
           and
           suspected
           to
           be
           a
           Bankrupt
           .
           8.
           
           Doth
           wast
           his
           Estate
           ,
           and
           intendeth
           to
           defraud
           his
           Creditors
           .
           9.
           
           Is
           a
           Gamester
           .
           10.
           
           Hath
           all
           the
           signs
           of
           a
           suspitious
           Person
           .
           11.
           
           Makes
           use
           of
           many
           Men
           to
           be
           bound
           or
           ingaged
           for
           him
           .
           12.
           
           Engageth
           himself
           in
           many
           business
           .
           13.
           
           Is
           looking
           out
           or
           providing
           for
           another
           Habitation
           .
           14.
           
           Is
           turned
           Informer
           .
           15.
           
           Keeps
           his
           Shop
           shut
           up
           .
           16.
           
           Is
           a
           Man
           of
           ill
           life
           or
           conversation
           .
           17.
           
           Or
           hath
           been
           so
           formerly
           .
           18.
           
           Hath
           been
           an
           Offender
           in
           Criminal
           matters
           .
           19.
           
           Lodgeth
           his
           Goods
           in
           some
           secret
           place
           .
           20.
           
           And
           is
           packing
           up
           to
           be
           gone
           .
        
         
           But
           they
           that
           can
           dream
           of
           Tyranny
           and
           Oppression
           in
           our
           Proces
           of
           Arrest
           and
           Outlawry
           ,
           and
           know
           not
           how
           to
           prove
           it
           ,
           will
           rather
           then
           miscarry
           in
           their
           design
           of
           Metamorphosing
           our
           Laws
           ,
           and
           putting
           them
           into
           as
           many
           new
           fashions
           as
           the
           variety
           〈◊〉
           vanity
           of
           their
           Cloths
           and
           Habits
           ,
           w●ll
           ,
           if
           those
           accusations
           must
           vanish
           and
           never
           be
           able
           to
           make
           them
           any
           good
           return
           ,
           seek
           out
           some
           other
           way
           to
           alter
           or
           abrogate
           those
           kind
           of
           Law
           proceedings
           ,
           and
           therefore
           
           to
           pretend
           that
           the
           Statute
           of
           25
           
             E.
             3.
             ca.
          
           〈◊〉
           ▪
           giving
           Proces
           of
           Capias
           and
           Outlawry
           in
           Actions
           of
           Debt
           ,
           is
           either
           by
           the
           Act
           of
           Parliament
           of
           28
           
             E.
             3.
             ca.
          
           3.
           or
           42
           
             E.
             3.
             ca.
          
           1.
           repealed
           .
        
      
       
         
           CHAP.
           XIV
           .
           That
           the
           Statute
           of
           25
           E.
           3
           ca.
           17.
           which
           giveth
           Proces
           of
           Capias
           and
           Bxigen●
           in
           Actions
           of
           Debt
           ,
           and
           other
           Actions
           therein
           mentioned
           ,
           is
           not
           repealed
           ,
           either
           by
           the
           Acts
           of
           Parliaments
           of
           28
           E.
           3.
           ca.
           3.
           or
           42
           E.
           3.
           ca.
           1.
           there
           being
           no
           ind●●venim●●
           or
           prejudice
           to
           the
           publick
           good
           in
           those
           kind
           of
           Law
           proceedings
           ,
           which
           might
           deserve
           a
           repeal
           by
           those
           or
           any
           other
           Acts
           of
           Parliament
           .
        
         
           WHen
           it
           cannot
           come
           within
           the
           virge
           of
           any
           probability
           ,
           that
           the
           said
           Statute
           of
           25
           
             E.
             3.
             ca.
          
           17.
           should
           in
           the
           same
           Parliament
           (
           those
           grand
           Assemblies
           being
           then
           &
           long
           before
           usually
           shout
           ,
           and
           of
           no
           long
           continuance
           )
           be
           made
           when
           the
           Statute
           
           of
           25.
           
           
             E.
             3.
             ca.
          
           4.
           was
           made
           ▪
           That
           
             none
             should
             be
             taken
             by
             Petition
             or
             Suggestion
             to
             the
             King
             or
             his
             Councel
             ,
          
           
           
             but
             by
             〈◊〉
             Indictment
             ,
             Presentment
             ,
             or
             Proces
             made
             by
             Writ
             original
             .
          
           If
           it
           had
           not
           been
           believed
           to
           have
           been
           consistent
           with
           it
           ,
           or
           the
           meaning
           of
           our
           
             Magna
             Charta
          
           ca.
           29.
           or
           if
           the
           Statute
           of
           25
           
             E.
             3.
             ca.
          
           17.
           had
           been
           repealed
           by
           the
           shortly
           after
           following
           Statutes
           of
           28
           E.
           3.
           or
           
             4●
             E.
             3.
             ca.
          
           1.
           such
           a
           repeal
           should
           not
           be
           taken
           notice
           of
           ,
           by
           those
           that
           lived
           in
           those
           times
           or
           near
           unto
           them
           ;
           or
           that
           if
           there
           had
           been
           any
           grievance
           found
           or
           perceived
           in
           that
           Statute
           of
           25
           
             E.
             3.
             ca.
          
           17.
           or
           that
           the
           said
           Statute
           of
           28
           E.
           3.
           had
           repealed
           it
           ,
           the
           Statute
           made
           by
           the
           aforesaid
           King
           E.
           3.
           in
           the
           36.
           year
           of
           his
           Reign
           ,
           
           would
           have
           ordained
           the
           Confirmation
           of
           
             the
             great
             Charler
             ,
             and
             the
             Char●er
             of
             the
             Forrest
             ,
             and
             commanded
             that
             the
             other
             Statutes
             mode
             in
             his
             time
             ,
          
           
           
             and
             in
             the
             time
             of
             his
             Progenitors
             ,
             be
             well
             and
             surely
             holden
             and
             kept
             in
             all
             points
          
           ;
           or
           that
           the
           Citizens
           of
           London
           ,
           who
           in
           their
           Courts
           of
           Justice
           in
           their
           City
           ,
           have
           for
           so
           many
           Centuries
           of
           years
           last
           past
           ,
           to
           their
           very
           great
           advantages
           made
           use
           of
           the
           
           Proces
           of
           Arrest
           as
           a
           lawful
           and
           beneficial
           Custom
           ,
           and
           constrained
           all
           that
           were
           to
           enjoy
           the
           largely
           comprehensive
           Freedom
           of
           that
           City
           ,
           to
           take
           an
           Oath
           to
           maintain
           the
           Franchises
           and
           Customs
           thereof
           ,
           would
           have
           made
           it
           their
           business
           to
           get
           many
           an
           Act
           of
           Parliament
           to
           confirm
           them
           ,
           if
           they
           had
           supposed
           it
           to
           have
           been
           prejudicial
           to
           them
           :
           And
           that
           the
           People
           of
           England
           should
           ,
           in
           so
           many
           several
           Ages
           since
           those
           pretended
           Acts
           of
           repeal
           ,
           not
           only
           have
           petitioned
           for
           several
           Acts
           of
           Parliament
           ,
           for
           Proces
           of
           Arrest
           and
           Outlawry
           in
           several
           Actions
           ,
           but
           through
           so
           many
           past
           Ages
           and
           Generations
           Arrest
           and
           imprison
           one
           another
           in
           the
           way
           to
           Justice
           ,
           and
           not
           at
           all
           think
           themselves
           guilty
           of
           betraying
           their
           own
           Liberties
           ,
           and
           never
           complain
           of
           it
           :
           Or
           that
           the
           Justice
           of
           the
           Nation
           should
           in
           all
           that
           long
           course
           of
           time
           be
           so
           sleepy
           or
           mistaken
           ,
           as
           to
           continue
           and
           put
           in
           Execution
           an
           Act
           of
           Parliament
           repealed
           ,
           and
           maintain
           and
           continue
           a
           grievance
           .
        
         
           O●
           that
           our
           Ancestors
           ,
           who
           were
           not
           all
           restrained
           by
           that
           Statute
           of
           25
           E.
           3.
           
           ca.
           17.
           from
           the
           former
           more
           usual
           course
           of
           proceedings
           in
           Actions
           of
           Debt
           ,
           
           by
           Writs
           of
           
             Summons
             ,
             Pone
          
           ,
           and
           Distringas
           (
           for
           there
           were
           Writs
           of
           
             Summons
             ,
             Pone
          
           ,
           and
           Distress
           made
           use
           of
           in
           Debt
           and
           Accompt
           after
           the
           making
           of
           that
           Statute
           ,
           where
           there
           was
           such
           a
           visibility
           of
           Estate
           ,
           as
           the
           Sheriff
           could
           not
           safely
           return
           ,
           that
           the
           Defendant
           had
           nothing
           whereby
           he
           might
           be
           summoned
           (
           it
           having
           been
           in
           Easter
           Term
           ,
           
           in
           the
           22
           year
           of
           the
           Reign
           of
           King
           Edward
           the
           1.
           declared
           to
           be
           a
           constant
           rule
           in
           Law
           ,
           
             Quod
             nullus
             qui
             habet
             terras
             debet
             arrestari
             per
             Corpus
             ,
             ad
             reddendum
             compitum
             set
             per
             terras
             cum
             habeat
             sufficientiam
             .
          
           No
           Man
           that
           had
           Lands
           sufficient
           was
           to
           be
           arrested
           by
           his
           Body
           ,
           in
           an
           Action
           of
           Accompt
           )
           as
           there
           may
           be
           at
           this
           day
           if
           the
           Plaintiffs
           have
           a
           mind
           unto
           it
           ,
           and
           would
           rather
           procede
           by
           a
           longer
           way
           about
           then
           a
           shorter
           .
        
         
           And
           should
           of
           themselves
           have
           made
           an
           Election
           of
           the
           way
           of
           Capias
           ,
           Arrest
           or
           Outlawry
           ,
           and
           continue
           it
           for
           above
           three
           hundred
           &
           fifty
           years
           without
           any
           thing
           like
           a
           complaint
           against
           it
           ,
           if
           they
           could
           have
           
           believed
           that
           that
           Act
           of
           Parliament
           of
           
             25
             E.
             3.
             ca.
          
           17.
           had
           been
           repealed
           ,
           and
           a
           long
           and
           undeniable
           experience
           had
           not
           informed
           them
           ,
           that
           it
           was
           a
           much
           better
           and
           expedite
           way
           of
           bringing
           Men
           to
           Justice
           ,
           or
           that
           if
           the
           Writs
           of
           Pone
           and
           Distress
           had
           been
           the
           better
           way
           ,
           the
           Statute
           made
           in
           the
           Seventh
           year
           of
           the
           Reign
           of
           King
           Henry
           the
           Fifth
           ,
           
           which
           was
           sixty-nine
           years
           after
           ,
           to
           give
           Proces
           of
           Arrest
           and
           Outlawry
           in
           Actions
           or
           Writs
           for
           
             forging
             of
             Charters
          
           or
           Evidences
           ,
           would
           have
           esteemed
           it
           to
           be
           for
           the
           Common
           good
           of
           the
           People
           to
           have
           enacted
           it
           ;
           or
           if
           after
           the
           making
           of
           that
           Statute
           ,
           the
           course
           of
           Capias
           ,
           Arrest
           ,
           and
           Outlawry
           had
           not
           been
           believed
           to
           be
           the
           most
           beneficial
           ,
           the
           Statute
           made
           in
           the
           19th
           .
           year
           of
           the
           Reign
           of
           King
           Henry
           the
           Seventh
           ,
           
           for
           giving
           of
           Proces
           of
           Arrest
           and
           Outlawry
           in
           
             Actions
             of
             the
             Case
          
           ,
           which
           was
           made
           84.
           years
           after
           ,
           would
           have
           declared
           the
           way
           of
           Pone
           and
           Distress
           to
           have
           been
           
             the
             Cause
             of
             great
             delays
          
           ,
           or
           that
           the
           Act
           of
           Parliament
           made
           in
           the
           23th
           .
           year
           of
           the
           Reign
           of
           King
           Henry
           the
           Eigth
           ,
           
           for
           giving
           Proces
           of
           Capias
           in
           Writs
           of
           Annuity
           ,
           
           which
           was
           made
           twenty-eight
           years
           after
           the
           making
           of
           that
           Statute
           ,
           would
           have
           said
           ,
           
             there
             were
             many
             delayes
             in
             Actions
             of
             Annuities
             ,
             because
             no
             Writ
             of
             Capias
             did
             lie
             in
             that
             Action
          
           (
           Acts
           of
           Parliament
           in
           those
           dayes
           ,
           and
           long
           before
           &
           after
           ,
           having
           by
           our
           Kings
           been
           granted
           upon
           the
           Petitions
           and
           Request
           of
           their
           Subjects
           ,
           and
           penned
           ,
           advised
           or
           carefully
           perused
           by
           the
           Reverend
           Judges
           of
           the
           Land
           ,
           and
           Councel
           in
           Law
           of
           our
           Kings
           and
           Princes
           ,
           before
           they
           were
           passed
           and
           ratified
           )
           and
           that
           so
           many
           of
           our
           Fore-fathers
           ,
           who
           for
           so
           many
           years
           and
           Ages
           have
           in
           every
           year
           been
           arrested
           ,
           or
           voluntarily
           put
           in
           Bail
           to
           appear
           and
           avoid
           it
           ,
           should
           be
           so
           senseless
           as
           not
           to
           understand
           the
           said
           Act
           of
           Parliament
           of
           
             2●
             E.
             3.
             ca.
          
           17.
           to
           have
           been
           repealed
           ,
           if
           any
           such
           thing
           had
           been
           ,
           or
           deem
           it
           to
           be
           a
           grievance
           to
           be
           compelled
           to
           appear
           in
           a
           Court
           of
           Justice
           ,
           or
           that
           all
           the
           Plaintiffs
           in
           those
           kind
           of
           Actions
           should
           be
           so
           wicked
           ,
           as
           to
           continue
           that
           course
           and
           kind
           of
           Proces
           :
           
           If
           they
           could
           have
           understood
           it
           to
           have
           been
           a
           grievance
           ,
           the
           Dean
           and
           Chapter
           of
           Lincoln
           would
           not
           
           have
           prescribed
           for
           a
           Liberty
           in
           their
           Court
           ,
           to
           Arrest
           in
           all
           personal
           Actions
           ,
           and
           the
           Lievtenant
           of
           the
           Tower
           of
           London
           the
           like
           ,
           nor
           the
           Judges
           have
           allowed
           those
           prescriptions
           ,
           and
           all
           Cities
           ,
           Burroughs
           ,
           and
           Corporations
           where
           they
           have
           connusance
           of
           Pleas
           ,
           
           would
           not
           upon
           a
           
             nihil
             habet
          
           returned
           ,
           (
           for
           that
           is
           so
           alwayes
           done
           of
           course
           in
           Cities
           and
           Corporations
           to
           warrant
           their
           Arrests
           )
           have
           claimed
           and
           exercised
           a
           power
           to
           Arrest
           as
           well
           Inhabitants
           as
           Forreigners
           coming
           thither
           ;
           or
           that
           the
           Judges
           of
           the
           Admiralty
           ,
           in
           Sea-faring
           and
           Maritime
           Causes
           would
           have
           permitted
           ,
           as
           they
           have
           anciently
           done
           ,
           Arrests
           to
           be
           made
           upon
           Debts
           ,
           Contracts
           ,
           Charter
           parties
           or
           the
           like
           ,
           or
           have
           been
           allowed
           to
           do
           it
           ,
           if
           it
           had
           deserved
           to
           have
           been
           called
           a
           grievance
           ,
           
           or
           that
           it
           ought
           not
           to
           have
           been
           done
           by
           the
           aforesaid
           supposed
           Acts
           of
           Repeal
           .
        
         
           And
           that
           none
           of
           so
           many
           thousand
           ,
           or
           more
           then
           ten
           hundred
           thousand
           Defendants
           should
           by
           Pleas
           ,
           Demurrers
           ,
           or
           otherwise
           signifie
           so
           much
           ,
           or
           so
           many
           Advocates
           ,
           and
           so
           many
           learned
           Judges
           ,
           Serjeants
           ,
           
           and
           Sages
           of
           the
           Law
           ,
           which
           have
           been
           since
           the
           making
           of
           that
           Statute
           of
           25
           E.
           3.
           for
           the
           giving
           of
           Proces
           of
           Outlawry
           in
           Actions
           of
           Debt
           ,
           should
           not
           of
           themselves
           have
           found
           out
           or
           have
           sought
           it
           from
           our
           Kings
           and
           their
           Parliaments
           some
           remedies
           ,
           or
           would
           not
           have
           forborn
           the
           granting
           or
           acting
           by
           such
           kind
           of
           Process
           ,
           if
           they
           had
           conceived
           that
           the
           Act
           of
           Parliament
           of
           25
           
             E.
             3.
             ca.
          
           17.
           had
           been
           replealed
           ,
           or
           that
           such
           kind
           of
           Process
           had
           been
           a
           grievance
           .
        
         
           And
           that
           more
           then
           
             one
             hundred
             thirty
             and
             seven
             Parliaments
             ,
          
           which
           have
           been
           since
           the
           making
           of
           that
           Statute
           .
        
         
           And
           so
           many
           Parliaments
           and
           Assemblies
           of
           Wise
           Men
           ,
           before
           and
           at
           the
           making
           of
           that
           Statute
           ,
           which
           met
           only
           to
           be
           wise
           ,
           and
           find
           out
           fit
           helps
           and
           remedies
           for
           grievances
           ,
           and
           things
           amiss
           should
           not
           foresee
           it
           to
           be
           a
           grievance
           ,
           or
           be
           so
           careless
           as
           not
           after
           to
           procure
           some
           Law
           or
           Act
           of
           Parliament
           ,
           to
           give
           the
           People
           ease
           in
           it
           ,
           or
           a
           fuller
           notice
           of
           the
           repeal
           thereof
           .
        
         
           When
           in
           the
           Parliament
           of
           the
           38th
           .
           year
           
           of
           the
           Reign
           of
           King
           Edward
           3.
           the
           Commons
           did
           pray
           ,
           
           that
           
             the
             King
             would
             not
             grant
             Protections
             ,
             whereby
             Men
             could
             not
             recover
             their
             Debts
          
           ;
           which
           was
           as
           they
           alledged
           ,
           
             A
             thing
             to
             the
             destruction
             of
             the
             People
             ,
             and
             against
             Common
             right
             .
          
        
         
           Or
           that
           in
           so
           many
           Petitions
           in
           all
           those
           so
           many
           Parliaments
           for
           the
           redress
           of
           Grievances
           ,
           made
           and
           committed
           by
           Sheriffs
           ,
           
           Under-Sheriffs
           ,
           and
           their
           Bailiffs
           ,
           and
           that
           
             all
             Estates
             might
             enjoy
             their
             Liberties
             ,
             if
             no
             Law
             be
             to
             the
             contrary
             saving
             to
             all
             Men
             their
             rights
             ,
          
           and
           the
           justly
           denyed
           Petitions
           against
           the
           
             payment
             of
             Fines
             upon
             original
             Writs
             ,
          
           issuing
           out
           of
           the
           Chancery
           ;
           nor
           in
           that
           of
           the
           Commons
           in
           Parliament
           ,
           in
           the
           46th
           .
           year
           of
           the
           Reign
           of
           that
           King
           ,
           
           that
           Writs
           of
           Trespas
           in
           the
           Court
           of
           Common
           Pleas
           ,
           although
           long
           before
           then
           used
           ,
           might
           be
           made
           as
           well
           by
           that
           Court
           as
           by
           the
           Court
           of
           King
           Bench
           ;
           for
           that
           the
           
             Court
             of
             Kings
             Bench
             was
             removeable
             at
             the
             Kings
             pleasure
          
           ;
           and
           that
           
             the
             Great
             Charter
             ,
             and
             the
             Charter
             of
             the
             Forrest
             ,
             and
             all
             other
             Statutes
             made
             by
             the
             King
             and
             his
             Progenitors
             ,
             for
             the
             amendment
             of
             the
             Realm
             and
             tranquillity
             and
             
             ease
             of
             his
             People
             ,
             might
             be
             kept
             and
             duly
             put
             in
             Execution
             in
             all
             points
             ▪
          
           Or
           in
           the
           Petitions
           of
           the
           Commons
           of
           the
           County
           of
           Kent
           ,
           to
           that
           King
           in
           the
           Parliament
           ,
           
           in
           the
           50th
           .
           year
           of
           his
           Reign
           ,
           against
           his
           Officers
           of
           the
           Castle
           of
           Dover
           ,
           for
           arresting
           by
           their
           Catchpoles
           out
           of
           their
           Jurisdiction
           ;
           or
           in
           the
           before
           mentioned
           great
           Complaint
           of
           the
           Clergy
           ,
           made
           in
           Parliament
           upon
           the
           death
           of
           
             Robert
             de
             Hauley
          
           ,
           in
           the
           2d
           .
           year
           of
           the
           Reign
           of
           King
           Richard
           the
           2d
           .
           slain
           at
           the
           High
           Altar
           in
           the
           Church
           of
           Westminster
           Abby
           ,
           when
           he
           being
           arrested
           and
           pursued
           by
           Bailiffs
           ,
           had
           taken
           Sanctuary
           there
           ,
           and
           the
           great
           debate
           thereupon
           before
           the
           King
           ,
           
           or
           at
           the
           making
           of
           the
           Act
           of
           Parliament
           ,
           in
           the
           Seventh
           year
           of
           the
           Reign
           of
           King
           Henry
           the
           Fourth
           ,
           that
           impotent
           persons
           outlawed
           might
           make
           their
           Attorneys
           ,
           and
           the
           Acts
           of
           Parliament
           ,
           made
           in
           the
           10th
           .
           and
           18th
           .
           years
           of
           the
           Reign
           of
           Henry
           the
           6th
           .
           upon
           complaints
           ,
           
           That
           
             Men
             were
             outlawed
             ,
             and
             could
             not
             know
             where
             to
             find
             either
             the
             Plaintiffs
             or
             their
             Attorneys
             ,
          
           and
           remedies
           ordained
           ;
           Or
           in
           the
           Petition
           in
           the
           Parliament
           ,
           in
           the
           33th
           .
           year
           of
           the
           
           Reign
           of
           King
           Henry
           the
           Sixth
           ,
           
           against
           the
           multitude
           of
           Attorneys
           in
           the
           City
           of
           Norwich
           ,
           and
           Counties
           of
           Norfolk
           and
           Suffolk
           ,
           for
           
             their
             inciting
             and
             stirring
             up
             the
             People
             to
             suites
             in
             Law
             ,
          
           there
           should
           be
           no
           mention
           of
           that
           supposed
           grievance
           by
           the
           Writs
           of
           Capias
           and
           Proces
           of
           Outlawry
           ,
           if
           it
           had
           then
           been
           thought
           or
           believed
           to
           have
           been
           one
           .
        
         
           And
           that
           in
           the
           thirty
           times
           petitioning
           in
           several
           Parliaments
           of
           our
           Kings
           and
           Princes
           ,
           for
           the
           Confirmation
           of
           
             Magna
             Carta
          
           (
           which
           as
           to
           that
           part
           of
           it
           ,
           in
           the
           Chapter
           or
           Article
           twenty-nine
           ,
           is
           the
           most
           excellent
           and
           the
           best
           of
           all
           our
           Laws
           .
           The
           People
           of
           England
           should
           not
           understand
           the
           aforesaid
           Act
           of
           Parliament
           ,
           made
           in
           the
           25th
           .
           year
           of
           the
           Reign
           of
           King
           Edward
           the
           3.
           for
           giving
           Proces
           of
           Arrest
           and
           exigent
           in
           Actions
           of
           Debts
           ,
           and
           other
           Actions
           therein
           mentioned
           (
           if
           it
           could
           be
           interpreted
           ,
           to
           be
           any
           violation
           of
           it
           )
           or
           that
           in
           all
           their
           Petitions
           for
           redress
           of
           grievances
           ,
           and
           procuring
           of
           good
           Laws
           to
           be
           made
           ,
           there
           appears
           nothing
           at
           all
           to
           have
           been
           alledged
           ,
           That
           
             by
             the
             Common
             
             Law
             the
             Person
             of
             a
             Debtor
             was
             not
             arrestable
             or
             that
             there
             is
             no
             positive
             Statute
             Law
             in
             force
             ,
             for
             the
             continuing
             of
          
           the
           Capias
           and
           Exigent
           ,
           against
           
             Persons
             in
             Debt
             and
             meerly
             Civil
             causes
             ,
          
           since
           the
           
             fancied
             repeal
             of
             the
             said
             Act
             of
             Parliament
             of
             25
             E.
             3.
             ca.
             17.
             by
             the
             said
             Statute
             of
             28
             and
             42
             E.
          
           3.
           
        
         
           But
           they
           who
           are
           so
           loath
           to
           part
           with
           their
           causeless
           affrights
           or
           are
           so
           unwilling
           to
           loose
           the
           content
           of
           being
           the
           Founders
           of
           a
           change
           ,
           or
           alteration
           in
           the
           Body
           politique
           ,
           be
           it
           never
           so
           dangerous
           or
           of
           most
           certain
           evil
           consequences
           ,
           and
           are
           willing
           enough
           that
           their
           Fellow
           Subjects
           ,
           of
           whom
           they
           pretend
           to
           take
           so
           much
           care
           ,
           should
           be
           at
           the
           trouble
           ,
           hazard
           ,
           and
           charge
           of
           the
           experiments
           ,
           may
           do
           better
           to
           understand
           ,
           or
           if
           they
           cannot
           ,
           give
           leave
           to
           others
           to
           help
           them
           to
           understand
           .
        
         
           That
           the
           purport
           intent
           ,
           and
           true
           ,
           proper
           and
           genuine
           signification
           of
           the
           words
           of
           our
           
             Magna
             Carta
             ca.
             29th
          
           .
           was
           to
           secure
           the
           People
           ,
           that
           the
           King
           might
           not
           take
           or
           imprison
           any
           Man
           ,
           
             Nisi
             per
             legale
             judicium
             parium
             suorum
             vel
             per
             legem
             terrae
             ,
          
           which
           
           if
           extended
           to
           the
           People
           ,
           in
           their
           affaires
           one
           with
           another
           ,
           and
           made
           to
           be
           as
           obligatory
           and
           binding
           unto
           them
           ,
           as
           it
           is
           and
           ought
           to
           be
           to
           the
           King
           ,
           can
           have
           no
           other
           just
           interpretation
           then
           what
           Sir
           
             Edward
             Coke
          
           hath
           given
           us
           in
           his
           Comment
           thereupon
           (
           published
           after
           his
           death
           ,
           
           in
           the
           later
           end
           of
           March
           1641.
           or
           the
           beginning
           of
           the
           year
           1642.
           
           Which
           is
           ,
           saith
           he
           ,
           as
           the
           Statute
           of
           37
           
             E.
             3.
             ca.
          
           18.
           expoundeth
           it
           by
           
             due
             Proces
             of
             Law
          
           ;
           and
           what
           that
           kind
           of
           Process
           was
           ,
           hath
           been
           already
           determined
           and
           proved
           ,
           to
           be
           as
           well
           by
           Writs
           and
           Process
           of
           Arrest
           ,
           as
           by
           
             Summons
             ,
             Pone
             and
             Distress
          
           ,
           though
           the
           latter
           ,
           as
           the
           condition
           and
           course
           of
           the
           affairs
           of
           the
           Nation
           then
           stood
           ,
           was
           much
           more
           frequent
           and
           usual
           ,
           and
           it
           appeareth
           by
           that
           part
           of
           
             Magna
             Carta
          
           ca.
           29.
           and
           the
           Exception
           therein
           ,
           that
           there
           was
           a
           Process
           or
           proceeding
           in
           Law
           ,
           besides
           the
           
             Legale
             Judicium
          
           ,
           or
           Trial
           by
           Peers
           or
           Jury
           ;
           and
           the
           Process
           where
           Defendants
           were
           not
           willing
           to
           come
           to
           Judgement
           ,
           and
           have
           their
           Controversies
           determined
           (
           which
           but
           in
           very
           seldom
           Cases
           never
           was
           or
           is
           likely
           to
           be
           
           otherwise
           ,
           there
           was
           and
           will
           ever
           be
           a
           necessity
           of
           compelling
           them
           by
           Proces
           to
           appear
           in
           Judgment
           ,
           when
           they
           delayed
           or
           refused
           it
           :
           For
           as
           the
           great
           and
           learned
           Grotius
           hath
           said
           upon
           another
           occasion
           ,
           
           The
           Liberties
           claimed
           from
           a
           Prince
           ,
           ought
           to
           be
           such
           as
           
             competere
             possint
             subditis
          
           ,
           might
           accord
           with
           his
           Superiority
           and
           their
           duty
           of
           Subjects
           ;
           for
           our
           so
           eager
           clamours
           of
           Liberty
           ,
           cannot
           certainly
           be
           so
           nayled
           to
           any
           of
           their
           extravagant
           opinions
           and
           desires
           ,
           as
           to
           induce
           them
           to
           think
           it
           either
           to
           be
           lawful
           ,
           rational
           or
           consistent
           with
           the
           Great
           Charter
           ,
           to
           deny
           the
           King
           or
           his
           subordinate
           Courts
           of
           Justice
           ,
           a
           power
           to
           Imprison
           any
           that
           shall
           be
           guilty
           of
           Contempt
           ,
           against
           His
           Person
           or
           Authority
           ,
           and
           to
           constrain
           them
           to
           appear
           in
           Judgment
           .
        
         
           For
           the
           way
           which
           the
           Judges
           and
           Interpreters
           of
           our
           Laws
           have
           hitherto
           used
           ,
           in
           the
           Construction
           and
           understanding
           of
           Parliaments
           (
           nothing
           appearing
           to
           the
           contrary
           )
           hath
           been
           an
           Inquiry
           into
           the
           occasion
           and
           purport
           of
           them
           ,
           commonly
           expressed
           in
           the
           preambles
           and
           reason
           thereof
           ,
           and
           into
           the
           sense
           as
           well
           as
           the
           words
           of
           them
           ,
           for
           
           the
           preamble
           of
           an
           Act
           of
           Parliament
           ,
           saith
           Dyer
           ,
           sometimes
           Lord
           Chief
           Justice
           of
           the
           Court
           of
           Common
           Pleas
           ,
           is
           the
           Key
           to
           
             open
             the
             minds
             of
             the
             Makers
             of
             the
             Act
             ,
             and
             of
             the
             mischiefs
             which
             they
             did
             intend
             to
             remedy
          
           ;
           
           and
           a
           Man
           ought
           not
           to
           dwell
           upon
           the
           letter
           ,
           nor
           
             to
             think
             that
             when
             he
             hath
             the
             letter
             on
             his
             part
             ,
          
           that
           
             he
             hath
             the
             Law
             on
             his
             part
             ,
          
           say
           the
           Judges
           in
           the
           Resolution
           of
           the
           Case
           between
           Easton
           and
           Studde
           ,
           in
           regard
           that
           the
           rule
           in
           the
           expounding
           of
           Statutes
           ,
           is
           to
           
             search
             out
             the
             mind
             of
             the
             Law-makers
             ,
             what
             Construction
             they
             would
             have
             made
             of
             it
             ,
          
           
           
             if
             they
             were
             living
          
           :
           And
           that
           Acts
           of
           Parliament
           ought
           to
           be
           understood
           ,
           by
           a
           
             reasonable
             Construction
             to
             be
             collected
             out
             of
             the
             words
             thereof
             ,
             according
             to
             the
             true
             intention
             and
             meaning
             of
             the
             Makers
          
           of
           the
           Act
           ;
           that
           Statutes
           in
           the
           affirmative
           do
           not
           
             regularly
             take
             away
             Statutes
             precedent
             in
             the
             affirmative
             ,
          
           
           unless
           in
           some
           special
           Cases
           and
           Statutes
           referring
           to
           other
           Statutes
           ,
           do
           not
           make
           any
           alteration
           in
           Law
           ,
           but
           unto
           the
           points
           unto
           which
           they
           do
           Refer
           ,
           
           nor
           doth
           a
           latter
           Act
           with
           Negative
           words
           ,
           say
           our
           Laws
           ,
           take
           away
           a
           former
           ,
           if
           it
           be
           not
           contrary
           in
           matter
           :
           
           And
           the
           Parliaments
           of
           this
           Nation
           have
           alwayes
           taken
           care
           to
           use
           ,
           express
           and
           clear
           words
           of
           repealing
           any
           Statutes
           ,
           which
           they
           intended
           to
           Repeal
           by
           plain
           and
           certain
           mention
           thereof
           ,
           with
           the
           times
           wherein
           they
           were
           made
           &
           sometimes
           repealed
           ,
           but
           a
           part
           of
           some
           former
           Acts
           by
           a
           new
           Act
           of
           Parliament
           ,
           and
           enlarged
           and
           proceeded
           further
           then
           the
           former
           Acts
           did
           extend
           unto
           ,
           as
           in
           the
           Act
           of
           Parliament
           ,
           concerning
           Servants
           and
           Artificers
           wages
           ,
           made
           in
           the
           fifth
           year
           of
           the
           Reign
           of
           Queen
           Elizabeth
           .
           
        
         
           
             The
             words
             and
             meaning
             of
             the
             Statute
             28
          
           E.
           3.
           ca.
           3.
           
             being
             no
             more
             then
          
           ,
           
           That
           no
           man
           of
           what
           Estate
           or
           Condition
           that
           he
           be
           shall
           be
           ,
           put
           out
           of
           Land
           or
           Tenement
           ,
           nor
           taken
           ,
           nor
           imprisoned
           ,
           nor
           dis
           inherited
           ,
           nor
           put
           to
           death
           without
           being
           brought
           to
           answer
           by
           due
           Proces
           of
           the
           Law.
           
        
         
           And
           in
           that
           of
           42
           
             E
             ,
             3
             ca.
             1.
             
             It
             is
             assented
             and
             accorded
          
           ;
           
           
             that
             the
             great
             Charter
             ,
             and
             the
             Charter
             of
             the
             Forrest
             be
             holden
             and
             kept
             in
             all
             points
             ,
             and
             if
             any
             Statute
             be
             made
             to
             the
             contrary
             that
             shall
             be
             holden
             for
             none
             .
          
           And
           being
           a
           confirmation
           in
           general
           of
           all
           the
           
           thirty-seven
           Points
           ,
           Articles
           ,
           or
           Chapters
           of
           
             Magna
             Carta
          
           ,
           granted
           in
           the
           Ninth
           year
           of
           the
           Reign
           of
           King
           Henry
           the
           Third
           (
           some
           of
           which
           did
           concern
           the
           King
           in
           his
           profits
           )
           did
           neither
           only
           intend
           that
           particular
           Chapter
           of
           
             Magna
             Carta
             ca.
          
           29.
           to
           be
           made
           void
           or
           repealed
           ,
           or
           declare
           that
           what
           was
           done
           ,
           or
           to
           be
           done
           by
           lawful
           Judgment
           of
           Men
           by
           their
           Peers
           (
           which
           could
           not
           be
           without
           some
           kind
           of
           Proces
           or
           proceedings
           then
           in
           use
           )
           or
           that
           what
           was
           done
           or
           to
           be
           done
           by
           the
           Law
           of
           the
           Land
           ,
           should
           be
           repealed
           as
           contrary
           thereunto
           ;
           but
           did
           so
           not
           at
           all
           then
           intend
           to
           do
           it
           ,
           or
           to
           affirm
           the
           due
           Proces
           of
           the
           Law
           to
           be
           contrary
           unto
           
             Magna
             Carta
          
           ,
           either
           as
           to
           that
           twenty-nineth
           Chapter
           ,
           or
           to
           any
           other
           ,
           the
           Points
           ,
           Articles
           ,
           or
           Chapters
           of
           
             Magna
             Carta
          
           .
        
         
           
             As
             that
             some
             of
             the
             People
             being
             at
             the
             time
             of
             the
             making
             of
             the
             said
             Act
             of
             Parliament
             of
          
           42
           E.
           3.
           ca.
           3.
           
             or
             not
             long
             before
             too
             busie
             in
             Arresting
             ,
             Imprisoning
             and
             vexing
             one
             another
             by
             false
             Accusations
             ,
             made
             to
             the
             King
             and
             his
             Councel
             that
             Chapter
             or
             Branch
             of
          
           42
           E.
           3.
           ca.
           3.
           
             was
             made
             
             for
             the
             redress
             thereof
             ,
             and
          
           for
           the
           good
           Government
           of
           the
           Commons
           ,
           
             as
             that
             Act
             doth
             import
             ,
             having
             these
             words
             :
          
           To
           eschew
           the
           mischiefs
           and
           damage
           done
           by
           false
           Accusers
           ,
           which
           oftentimes
           have
           made
           their
           Accusations
           more
           for
           revenge
           and
           singular
           benefit
           ,
           then
           for
           the
           profit
           of
           the
           King
           ,
           or
           his
           People
           ,
           of
           which
           accused
           Persons
           some
           have
           been
           taken
           ,
           and
           sometimes
           caused
           to
           come
           before
           the
           Kings
           Councel
           by
           Writ
           ,
           and
           otherwise
           upon
           grievous
           pain
           against
           the
           Law
           :
           
             It
             is
             assented
             and
             accorded
             ,
             That
          
           no
           Man
           be
           put
           to
           answer
           without
           presentment
           before
           the
           Justices
           ,
           or
           matter
           of
           Record
           ,
           or
           by
           due
           Proces
           or
           Writ
           original
           ,
           according
           to
           the
           old
           Law
           of
           the
           Land
           ;
           and
           if
           any
           thing
           from
           henceforth
           be
           done
           to
           the
           contrary
           ,
           it
           shall
           be
           void
           in
           the
           Law
           and
           holden
           for
           error
           .
        
         
           Both
           of
           which
           Statutes
           will
           be
           best
           expounded
           by
           Sir
           
             Edward
             Coke
          
           ,
           
           who
           in
           his
           Exposition
           and
           Comment
           .
           upon
           
             Magna
             Carta
          
           ca.
           29.
           and
           all
           the
           other
           parts
           thereof
           (
           for
           out
           of
           that
           most
           commendable
           Law
           those
           two
           Acts
           of
           Parliament
           of
           28
           
             E.
             3.
             ca.
          
           3.
           and
           42
           
             E.
             3.
             ca.
          
           3.
           do
           seem
           to
           have
           been
           drawn
           ,
           and
           are
           but
           as
           Confirmations
           
           of
           it
           )
           saith
           that
           by
           
             the
             Law
             of
             the
             Land
          
           ,
           is
           to
           be
           understood
           ,
           the
           
             Common
             Law
             ,
             Statute
             Law
             ,
             and
             Customes
             of
             England
          
           ;
           which
           though
           they
           be
           in
           the
           Negative
           ,
           have
           no
           reference
           or
           contrary
           matter
           unto
           that
           of
           25
           
             E.
             3.
             ca.
          
           17.
           and
           do
           not
           prohibit
           the
           former
           allowed
           ,
           and
           due
           Proces
           of
           the
           Law
           ,
           or
           declare
           them
           to
           be
           contrary
           to
           
             Magna
             Carta
          
           ,
           or
           any
           Article
           or
           point
           thereof
           ,
           nor
           have
           any
           express
           words
           ,
           or
           so
           much
           as
           any
           preamble
           ,
           which
           may
           signfie
           any
           purpose
           that
           they
           had
           to
           repeal
           it
           ;
           for
           all
           that
           is
           forbidden
           by
           those
           two
           Statutes
           of
           supposed
           repeal
           ,
           is
           to
           prevent
           the
           mischiefs
           complained
           of
           by
           suggestions
           to
           the
           King
           and
           his
           Councel
           ,
           and
           
             that
             no
             man
             be
             disinherited
             ,
             put
             to
             death
             ,
             or
             out
             of
             his
             Land
             taken
             ,
             imprisoned
             ,
             or
             brought
             to
             answer
             ,
             but
             by
             due
             Proces
             ●f
             the
             Law
             ,
             according
             to
             the
             old
             Law
             of
             the
             Land.
          
           
           And
           the
           Statute
           of
           37
           
             E.
             3.
             ca.
          
           18.
           giving
           an
           order
           of
           pursuing
           a
           Suggestion
           made
           unto
           the
           King
           ,
           doth
           mention
           the
           great
           Charter
           ,
           and
           the
           words
           therein
           contained
           ,
           That
           
             no
             Man
             be
             taken
             ,
             nor
             imprisoned
             ,
             nor
             put
             out
             of
             his
             Free-hold
             without
             Proces
             of
             the
             Law.
          
           For
           if
           our
           Records
           
           and
           Law-books
           ,
           and
           the
           reason
           thereof
           ,
           and
           all
           that
           hath
           been
           learned
           and
           believed
           hitherto
           do
           not
           fail
           us
           ,
           those
           Statutes
           or
           either
           of
           them
           cannot
           be
           interpreted
           ,
           to
           intend
           to
           take
           away
           any
           lawful
           and
           necessary
           Arrests
           ,
           and
           Imprisonments
           in
           Actions
           of
           Trespas
           ,
           which
           were
           in
           use
           long
           before
           the
           making
           of
           
             Magna
             Carta
          
           ,
           or
           the
           arresting
           or
           restraining
           of
           the
           persons
           &
           liberties
           of
           Defendants
           ,
           in
           Actions
           of
           Debt
           and
           the
           like
           ;
           or
           for
           a
           Contempt
           of
           the
           King
           or
           his
           Courts
           of
           Justice
           ,
           in
           not
           appearing
           when
           they
           were
           summoned
           or
           cited
           ,
           or
           when
           they
           had
           no
           visible
           Estate
           to
           satisfie
           ,
           or
           were
           likely
           to
           fly
           or
           run
           away
           ,
           the
           true
           intent
           and
           meaning
           of
           those
           Statutes
           of
           28
           E.
           3.
           and
           42
           E.
           3.
           tending
           rather
           to
           confirm
           and
           establish
           that
           Act
           of
           25
           
             E.
             3.
             ca.
          
           17.
           then
           to
           repeal
           or
           take
           it
           away
           ,
           the
           main
           scope
           or
           purpose
           of
           them
           being
           only
           to
           restrain
           any
           arbitrary
           Government
           ,
           or
           any
           Lawless
           proceedings
           of
           the
           People
           one
           against
           the
           other
           ;
           for
           it
           is
           impossible
           by
           any
           sense
           or
           reasonable
           Construction
           of
           those
           Statutes
           ,
           to
           conclude
           any
           the
           least
           design
           in
           them
           ,
           or
           either
           of
           them
           to
           take
           away
           
           or
           alter
           a
           Law
           or
           Custom
           of
           the
           Nation
           ,
           which
           was
           not
           then
           at
           all
           so
           much
           as
           complained
           of
           ,
           when
           by
           forbidding
           to
           do
           that
           which
           was
           against
           the
           Law
           ,
           they
           must
           of
           necessity
           be
           understood
           ,
           to
           allow
           of
           that
           which
           was
           the
           Law
           or
           consistent
           with
           it
           .
        
         
           For
           it
           hath
           been
           said
           and
           never
           denyed
           ,
           to
           be
           a
           rule
           in
           our
           Common
           Law
           as
           well
           as
           in
           the
           Civil
           Law
           ,
           that
           
             Exceptio
             firmat
             regulam
             in
             Casubus
             non
             exceptis
             ,
          
           The
           exception
           or
           saving
           doth
           preserve
           and
           allow
           of
           that
           to
           be
           the
           Law
           which
           is
           excepted
           ,
           otherwise
           if
           the
           exception
           should
           be
           (
           as
           certainly
           it
           is
           not
           )
           nugatory
           and
           serves
           for
           nothing
           ,
           the
           meaning
           of
           our
           
             Magna
             Carta
          
           it self
           ,
           and
           all
           those
           very
           many
           Statutes
           of
           Confirmation
           afterwards
           enacted
           ,
           must
           be
           (
           as
           they
           can
           never
           be
           rightly
           taken
           to
           be
           )
           that
           be
           the
           matter
           or
           cause
           Civil
           or
           Criminal
           ,
           Treason
           ,
           Murder
           or
           Felony
           ,
           no
           Man
           is
           at
           all
           to
           be
           disseised
           ,
           or
           put
           out
           of
           his
           Lands
           ,
           arrested
           ,
           imprisoned
           ,
           or
           compelled
           to
           answer
           ,
           and
           the
           King
           ,
           who
           is
           sworn
           to
           administer
           Justice
           to
           his
           Subjects
           ,
           must
           by
           
             Magna
             Carta
          
           it self
           be
           denyed
           ,
           and
           debarred
           the
           use
           of
           means
           to
           do
           it
           ,
           and
           the
           People
           thereby
           
           put
           into
           a
           condition
           not
           to
           be
           able
           to
           obtain
           Justice
           one
           against
           another
           .
        
         
           And
           if
           no
           Laws
           concerning
           Proces
           in
           Debt
           ,
           or
           other
           personal
           Actions
           ,
           which
           have
           been
           enacted
           or
           allowed
           by
           Acts
           of
           Parliament
           ,
           subsequent
           to
           those
           before
           mentioned
           ,
           and
           supposed
           repealing
           Acts
           of
           Parliament
           ,
           made
           in
           the
           28.
           and
           42
           E.
           3.
           or
           derived
           by
           necessary
           deduction
           from
           reason
           (
           which
           ought
           to
           be
           the
           Soul
           and
           Constituting
           part
           of
           all
           Laws
           )
           shall
           not
           be
           allowed
           or
           taken
           for
           Laws
           ,
           the
           Parliaments
           of
           England
           (
           wherein
           all
           manner
           of
           grievances
           ,
           and
           many
           times
           very
           small
           and
           inconsiderable
           ,
           were
           seldom
           omitted
           to
           be
           complained
           of
           or
           petitioned
           against
           )
           have
           by
           making
           of
           the
           Statute
           of
           7
           H.
           5.
           for
           giving
           Proces
           of
           Arrest
           and
           Capias
           in
           Actions
           of
           forging
           of
           Charters
           of
           9
           H.
           7.
           in
           Actions
           of
           the
           Case
           and
           23
           H.
           8.
           in
           Actions
           of
           Annuity
           not
           only
           not
           remedied
           but
           enacted
           grievances
           ,
           and
           all
           our
           other
           Laws
           which
           have
           been
           since
           made
           ,
           concerning
           the
           taking
           or
           imprisoning
           of
           Mens
           Bodies
           ,
           in
           Actions
           of
           Debt
           or
           other
           Civil
           and
           personal
           Actions
           ,
           or
           been
           put
           in
           Execution
           have
           
           been
           no
           other
           then
           abuses
           ,
           and
           transgressions
           of
           the
           Law
           ,
           and
           all
           that
           so
           many
           learned
           conscientious
           and
           Reverend
           Judges
           of
           the
           Law
           ,
           and
           sworn
           to
           judge
           according
           to
           it
           ,
           have
           since
           those
           times
           done
           or
           permitted
           to
           be
           done
           ,
           in
           pursuance
           of
           those
           latter
           Laws
           ,
           have
           been
           but
           as
           so
           many
           great
           mistakings
           to
           the
           oppression
           of
           the
           People
           .
        
         
           And
           the
           Parliament
           of
           3
           
             Car.
             primi
          
           ,
           whereof
           the
           very
           learned
           Selden
           ,
           and
           that
           great
           Lawyer
           Sir
           
             Edward
             Coke
          
           ,
           and
           many
           very
           worthy
           Men
           and
           Lovers
           of
           our
           English
           Laws
           and
           Liberties
           were
           Members
           (
           some
           of
           which
           had
           not
           long
           before
           made
           themselves
           Prisoners
           to
           secure
           a
           pretended
           Liberty
           )
           would
           have
           been
           guilty
           of
           a
           great
           oversight
           and
           inadvertency
           ,
           in
           not
           getting
           better
           Provisions
           in
           the
           Act
           of
           Parliament
           ,
           made
           upon
           that
           which
           was
           called
           the
           
             Petition
             of
             Right
          
           ,
           wherein
           that
           aforesaid
           part
           of
           
             Magna
             Carta
          
           ca.
           29.
           and
           the
           Statutes
           of
           37
           
             E.
             3.
             ca.
             9.
             17
             
             R.
             2.
             ca.
          
           6.
           and
           the
           very
           Act
           of
           28
           
             E.
             3.
             ca.
          
           3.
           now
           so
           much
           insisted
           upon
           ,
           are
           confirmed
           .
           And
           the
           Acts
           of
           Parliament
           of
           37
           
             E.
             3.
             ca.
             18.
             38
             
             E
             3.
             ca.
             9.
             42
             
             E.
             3.
             ca.
          
           3.
           and
           quoted
           in
           the
           margent
           of
           the
           said
           
           Act
           ,
           are
           declared
           to
           be
           good
           Laws
           and
           Statutes
           of
           the
           Realm
           ;
           and
           it
           was
           ordained
           ,
           That
           
             no
             Offender
             ,
             of
             what
             kind
             soever
             ,
             be
             exempted
             from
             the
             proceedings
             to
             be
             used
             ,
             and
             punishments
             to
             be
             inflicted
             by
             the
             Laws
             and
             Statutes
             of
             the
             Realm
             .
          
        
         
           All
           those
           Acts
           of
           Parliament
           being
           then
           expounded
           and
           understood
           ,
           to
           be
           only
           intended
           against
           the
           Imprisonment
           of
           Men
           ,
           by
           the
           King
           or
           his
           Councel
           ,
           without
           cause
           shewn
           ;
           and
           the
           same
           Parliament
           did
           then
           procure
           diverse
           Acts
           of
           Parliament
           to
           be
           repealed
           ,
           but
           not
           that
           of
           25
           
             E.
             3.
             ca.
          
           17.
           which
           neither
           was
           repealed
           in
           that
           nor
           any
           other
           Parliament
           ,
           in
           Terms
           or
           words
           intelligible
           ,
           or
           by
           implication
           or
           otherwise
           ,
           and
           did
           never
           yet
           deserve
           to
           be
           so
           since
           the
           making
           thereof
           .
        
         
           Nor
           would
           that
           Parliament
           ,
           labouring
           so
           much
           for
           liberty
           ,
           have
           at
           the
           same
           time
           allowed
           of
           that
           Act
           of
           Parliament
           of
           25
           
             E.
             3.
             ca.
          
           17.
           for
           the
           Proces
           of
           Capias
           ,
           and
           Exigent
           or
           Outlawry
           in
           Actions
           of
           Debt
           ,
           if
           it
           had
           been
           a
           grievance
           ,
           or
           not
           understood
           as
           it
           ought
           ,
           to
           be
           a
           legal
           and
           necessary
           part
           of
           the
           Laws
           of
           the
           Land
           ,
           or
           have
           omitted
           
           so
           often
           and
           daily
           happening
           Concernments
           of
           themselves
           and
           their
           Posterity
           ,
           if
           they
           could
           have
           thought
           that
           way
           of
           Proces●
           and
           proceedings
           at
           Law
           ,
           either
           was
           or
           could
           have
           been
           a
           grievance
           ,
           when
           as
           they
           did
           then
           so
           much
           believe
           all
           the
           grievances
           of
           the
           Nation
           ,
           to
           be
           by
           that
           abundantly
           satisfactory
           Act
           of
           Parliament
           ,
           made
           upon
           that
           
             Petition
             of
             Right
          
           ,
           to
           be
           banished
           and
           their
           fears
           quieted
           ,
           as
           they
           caused
           publick
           rejoycings
           and
           Bon-fires
           to
           be
           made
           for
           it
           .
        
         
           And
           if
           it
           had
           not
           been
           so
           understood
           ,
           by
           the
           Reverend
           and
           Learned
           Judges
           ,
           and
           Sages
           of
           the
           Law
           ,
           who
           were
           then
           in
           being
           ,
           and
           have
           been
           since
           entrusted
           with
           the
           Administration
           of
           Justice
           ,
           such
           Proces
           and
           proceedings
           would
           never
           certainly
           have
           been
           made
           when
           the
           
             Petition
             of
             Right
          
           prayed
           ,
           That
           
             in
             the
             things
             aforesaid
             all
             his
             Majesties
             Officers
             ,
             should
             serve
             him
             according
             to
             the
             Laws
             and
             Statutes
             of
             this
             Realm
             ,
             as
             they
             would
             tender
             the
             honour
             of
             His
             Majesty
             ,
             and
             prosperity
             of
             the
             Kingdom
          
           ;
           and
           the
           King
           in
           his
           answer
           thereunto
           ,
           and
           giving
           it
           the
           life
           and
           power
           of
           a
           Law
           ,
           did
           will
           
             that
             right
             should
             be
             done
             according
             to
             the
             Laws
             and
             Customes
             of
             
             the
             Realm
             ,
             and
             that
             the
             Statutes
             be
             put
             in
             Execution
             ,
             that
             His
             Subjects
             may
             have
             no
             cause
             to
             complain
             of
             any
             Wrong
             or
             Oppression
             ,
          
           
           
             contrary
             to
             their
             just
             Rights
             and
             Liberties
             .
          
        
         
           For
           it
           must
           be
           a
           more
           then
           an
           ordinary
           Hypochondriacal
           Melancholy
           ,
           that
           can
           perswade
           any
           Man
           to
           think
           ,
           that
           if
           the
           Process
           of
           Arrest
           or
           Outlawry
           could
           by
           any
           foresight
           or
           prospect
           have
           been
           believed
           ,
           to
           have
           been
           either
           a
           grievance
           ,
           or
           illegal
           ,
           or
           any
           Seminary
           of
           ill
           Consequences
           ,
           that
           ever
           to
           be
           lamented
           unhappy
           Parliament
           begun
           in
           November
           1640.
           would
           in
           that
           fatal
           Remonstrance
           of
           theirs
           ,
           published
           to
           the
           People
           the
           15th
           .
           day
           of
           December
           following
           ,
           wherein
           they
           were
           so
           willing
           to
           amass
           every
           thing
           that
           might
           but
           look
           like
           a
           grievance
           of
           the
           People
           ,
           and
           were
           so
           effascinated
           in
           their
           evil
           purposes
           ,
           as
           they
           crowded
           in
           amongst
           them
           many
           essentials
           and
           necessaries
           of
           Government
           ,
           have
           omitted
           such
           an
           important
           and
           often
           happening
           grievance
           (
           if
           any
           could
           with
           any
           colour
           of
           Law
           or
           reason
           have
           believed
           it
           ;
           or
           that
           in
           the
           nineteen
           high
           and
           mighty
           Propositions
           sent
           by
           them
           unto
           him
           in
           June
           1642.
           or
           in
           the
           Message
           or
           
           Committe
           of
           the
           Lords
           and
           Commons
           then
           remaining
           at
           Westminster
           ,
           sent
           unto
           him
           at
           Oxford
           in
           Anno
           1643.
           by
           the
           Earl
           of
           
             Northumberland
             ,
             William
             Peirpont
          
           Esquire
           ,
           and
           others
           ;
           or
           in
           the
           Treaty
           and
           Propositions
           at
           Vxbridge
           for
           Peace
           ,
           betwixt
           the
           King
           and
           that
           misnamed
           Parliament
           in
           the
           year
           1644.
           such
           a
           necessary
           ,
           if
           it
           had
           been
           thought
           to
           have
           been
           one
           ,
           should
           have
           been
           neglected
           ;
           or
           in
           the
           Message
           of
           the
           Lords
           and
           Commons
           ,
           in
           the
           then
           so
           called
           Parliament
           ,
           sent
           unto
           him
           when
           he
           was
           a
           Prisoner
           at
           Holimby
           in
           the
           year
           1647.
           with
           propositions
           for
           Peace
           ,
           nothing
           should
           have
           been
           desired
           to
           prohibit
           Arrests
           ;
           but
           on
           the
           contrary
           an
           Act
           of
           Parliament
           was
           required
           ,
           for
           confirmation
           of
           all
           Customs
           ,
           Charters
           ,
           Liberties
           ,
           and
           Franchises
           of
           the
           City
           of
           London
           ,
           which
           for
           many
           hundred
           of
           years
           before
           had
           been
           approved
           :
           Or
           that
           in
           the
           Bills
           and
           Propositions
           sent
           unto
           Him
           in
           the
           same
           year
           to
           the
           Isle
           of
           Wight
           ,
           when
           he
           was
           there
           a
           close
           Prisoner
           :
           
           Or
           in
           an
           Act
           or
           Ordinance
           ,
           made
           by
           the
           Lord
           Major
           and
           Common
           Councel
           of
           London
           in
           the
           year
           1660.
           for
           the
           better
           regulating
           of
           that
           Cities
           Courts
           
           at
           Guild-hall
           ,
           in
           which
           notice
           was
           taken
           of
           their
           ancient
           Customs
           ,
           and
           diverse
           abuses
           committed
           by
           
             Serjeants
             at
             Mace
          
           and
           their
           Yeomen
           ,
           in
           arresting
           of
           Men
           ,
           there
           should
           be
           no
           mention
           made
           of
           any
           original
           Grievances
           or
           Illegality
           by
           or
           in
           the
           Proces
           of
           Arrest
           ,
           nor
           any
           orders
           made
           or
           desired
           to
           be
           made
           against
           it
           .
        
         
           Until
           therefore
           this
           invisible
           and
           untelligible
           repealing
           Act
           of
           the
           Statute
           of
           25
           
             E
             3.
             ca.
          
           17.
           shall
           be
           pleased
           to
           appear
           and
           shew
           it self
           ,
           the
           Founders
           of
           that
           fancy
           may
           do
           well
           to
           build
           no
           further
           upon
           it
           ,
           but
           silence
           their
           causeless
           out-cries
           against
           it
           :
           And
           when
           such
           or
           the
           like
           imaginations
           shall
           offer
           themselves
           ,
           think
           rather
           that
           Acts
           of
           Parliament
           (
           according
           to
           the
           advice
           and
           opinion
           of
           the
           Judges
           in
           Doctor
           
           Foster's
           case
           )
           
             which
             have
             been
             established
             with
             so
             much
             solemnity
             ,
             wisdom
             ,
          
           
           
             gravity
             ,
             and
             universal
             consent
             for
             the
             good
             of
             the
             Weal
             publick
             ,
             ought
             not
             by
             any
             strained
             construction
             or
             ambiguous
             words
          
           (
           if
           there
           had
           any
           been
           )
           in
           any
           subsequent
           Act
           
             to
             be
             laid
             aside
             ,
             disused
             ,
             or
             abrogated
          
           ;
           and
           that
           doubtful
           aequivocal
           words
           (
           if
           there
           had
           been
           any
           )
           ought
           according
           
           to
           the
           rule
           in
           Gregories
           Case
           ,
           
           to
           be
           interpreted
           in
           the
           better
           and
           more
           likely
           sence
           .
        
         
           And
           not
           trouble
           themselves
           as
           they
           have
           lately
           done
           for
           before
           the
           year
           1640
           and
           1641.
           (
           when
           
             Liberty
             ran
             mad
          
           ,
           and
           the
           Factious
           part
           of
           the
           People
           did
           too
           much
           read
           the
           Books
           of
           Plunder
           and
           Sequestration
           ,
           and
           admired
           the
           Models
           and
           Contrivances
           of
           
             Hugh
             Peters
             ,
             Huson
          
           the
           Cobler
           ,
           Pride
           the
           Drayman
           ,
           and
           every
           Mechanick
           and
           Tradesman
           ,
           and
           every
           Mercenary
           Red-coat
           Rebel-Souldier
           ,
           who
           would
           by
           his
           indigested
           conceptions
           be
           a
           Solon
           or
           Licurgus
           )
           they
           did
           not
           to
           subvert
           ,
           as
           they
           endeavour'd
           to
           do
           ,
           our
           long
           experimented
           &
           approved
           Laws
           &
           Customs
           ,
           to
           make
           room
           for
           their
           own
           ungodly
           advantages
           ,
           and
           sordidly
           ignorant
           alterations
           ,
           and
           at
           the
           same
           time
           allow
           the
           Caption
           and
           Horning
           of
           that
           by
           them
           Conquered
           and
           once
           illegally
           Covenanting
           Scotland
           to
           be
           lawful
           .
        
         
           Nor
           vex
           themselves
           and
           others
           ,
           as
           they
           have
           done
           with
           the
           Chymeras
           and
           phancies
           of
           that
           never
           to
           be
           found
           repealed
           Statute
           of
           25
           
             E.
             3.
             cap.
          
           17.
           and
           their
           so
           much
           mistaken
           Gorgons
           head
           ,
           and
           affrights
           of
           their
           Liberties
           being
           likely
           to
           
           be
           lost
           by
           that
           or
           other
           our
           Laws
           ,
           when
           our
           Laws
           and
           the
           due
           Execution
           thereof
           are
           and
           have
           been
           by
           our
           Kings
           and
           Princes
           ,
           and
           their
           just
           authority
           the
           only
           means
           under
           God
           to
           preserve
           them
           .
        
         
           Or
           be
           so
           over-lavish
           in
           shooting
           their
           Bolts
           ,
           in
           undertaking
           to
           assert
           ,
           That
           
             England
             is
             impoverished
             more
             then
             a
             Million
             of
             Money
             Sterling
             every
             year
             by
             Sheriffs
             ,
             Bailiffs
             ,
             Serjeants
             ,
             Marshals-men
             ,
             Proces-makers
             ,
             Habeas
             Corpus
             ,
             Rules
             ,
             Writers
             ,
          
           &c.
           
           (
           As
           a
           late
           Anonimous
           Champion
           of
           those
           kind
           of
           
             Liberty
             mongers
          
           terms
           them
           )
           for
           which
           he
           would
           decoy
           as
           many
           inconsiderate
           People
           as
           he
           could
           ,
           into
           an
           opinion
           and
           belief
           ,
           that
           the
           
             Creditor
             is
             not
             the
             better
             one
             Peny
             for
             it
          
           ;
           which
           is
           as
           impossible
           to
           be
           proved
           or
           be
           lieved
           ,
           as
           that
           Bears
           are
           enabled
           by
           Nature
           to
           fly
           and
           usually
           do
           it
           ;
           or
           that
           the
           Mountains
           of
           Mountains
           the
           Alpes
           ,
           those
           highest
           Hills
           of
           the
           Christian
           World
           ,
           do
           usually
           at
           every
           Jubile
           leap
           to
           Rome
           ,
           to
           obtain
           an
           Indulgence
           or
           Pardon
           from
           that
           Holy
           Father
           ,
           for
           being
           
             so
             high-minded
          
           .
        
         
           And
           what
           ever
           far
           lesser
           Sum
           of
           Money
           those
           Officers
           Fees
           (
           which
           as
           to
           the
           Process-makers
           
           are
           very
           small
           and
           dearly
           enough
           earned
           )
           do
           amount
           unto
           yearly
           ,
           it
           will
           be
           very
           difficult
           for
           that
           
             Man
             of
             confidence
          
           ,
           whosoever
           he
           be
           to
           prove
           that
           none
           or
           very
           many
           of
           the
           Creditors
           did
           not
           receive
           satisfaction
           of
           their
           Debts
           and
           charges
           ,
           or
           more
           then
           a
           Peny
           ,
           or
           were
           not
           the
           better
           for
           it
           (
           for
           the
           Defendant
           ,
           where
           there
           is
           any
           ability
           to
           answer
           and
           pay
           them
           ,
           do
           most
           commonly
           bear
           the
           burden
           of
           them
           )
           and
           that
           the
           Defendants
           Charges
           in
           a
           year
           do
           amount
           to
           a
           Million
           of
           Money
           Sterling
           ,
           or
           any
           such
           vast
           Sums
           of
           Money
           ,
           as
           his
           monstrous
           and
           incredibile
           guess
           ,
           bewixt
           sleeping
           and
           waking
           ,
           hath
           calculated
           it
           ,
           and
           will
           be
           as
           wide
           of
           any
           truth
           or
           probability
           as
           if
           he
           had
           said
           ,
           That
           he
           had
           in
           a
           Forreign
           Country
           seen
           two
           Phaenixes
           rosted
           ,
           and
           brought
           to
           eat
           in
           a
           dish
           ,
           and
           had
           been
           in
           a
           colder
           Climat
           ,
           where
           the
           extremity
           of
           cold
           was
           so
           great
           as
           the
           words
           spoken
           over
           night
           did
           freeze
           ,
           and
           were
           legibly
           to
           be
           read
           in
           the
           Air
           the
           next
           Morning
           .
        
         
           And
           those
           
             Sons
             of
             Rapine
          
           ,
           who
           are
           so
           given
           to
           change
           ,
           and
           doe
           make
           it
           their
           business
           
           to
           hunt
           our
           Laws
           ,
           like
           the
           Ermyns
           for
           the
           booty
           of
           their
           skins
           ,
           may
           better
           employ
           their
           time
           in
           a
           sad
           and
           serious
           repentance
           of
           that
           dirt
           ,
           and
           many
           scandals
           which
           they
           have
           most
           injuriously
           flung
           upon
           them
           ,
           &
           in
           throwing
           amongst
           the
           People
           those
           ,
           though
           foolish
           ,
           yet
           infectious
           tales
           and
           opinions
           ,
           that
           
             There
             are
             now
             ten
             thousand
             Men
             in
             Prison
             for
             Debt
             ,
             and
             that
             the
             Proces
             of
             Outlawry
             have
             done
             more
             mischief
             to
             the
             People
             of
             England
             ,
          
           then
           the
           Writs
           of
           Capias
           (
           which
           neither
           he
           nor
           any
           other
           can
           ever
           prove
           to
           have
           been
           primarily
           or
           causally
           and
           
             per
             se
          
           guilty
           of
           it
           )
           or
           then
           
             the
             Bills
             of
             Middlesex
             or
             Writs
             of
             latitat
             ,
          
           which
           must
           either
           be
           done
           in
           his
           humour
           or
           natural
           of
           telling
           rampant
           or
           impossible
           tales
           ,
           or
           on
           purpose
           to
           cast
           those
           legal
           Process
           and
           proceedings
           ,
           into
           an
           Odium
           or
           hatred
           ,
           and
           will
           appear
           to
           be
           as
           much
           misled
           by
           his
           ignorance
           ,
           as
           he
           was
           before
           in
           his
           overhasty
           Arithmeticque
           ,
           when
           he
           adventures
           to
           say
           ,
           that
           
             a
             noble
             Man
             ,
             by
             being
             outlawed
             ,
             is
             made
             incapable
             to
             sit
             in
             the
             house
             of
             Peers
             ,
             a
             Clergy-man
             may
             forfeit
             his
             Benefice
             ,
             or
             a
             Lawyer
             be
             made
             incapable
             of
             pleading
             at
             the
             Bar
             ,
          
           when
           our
           Laws
           do
           remember
           
           no
           such
           matters
           ;
           and
           a
           Noble
           man
           and
           Peer
           of
           Parliament
           cannot
           in
           any
           Civil
           action
           ,
           or
           ordinary
           Trespas
           by
           our
           Laws
           be
           outlawed
           ;
           and
           although
           some
           other
           Persons
           may
           by
           abuse
           or
           error
           happen
           to
           be
           outlawed
           ,
           when
           they
           should
           not
           be
           outlawed
           ,
           and
           by
           some
           evil
           accident
           never
           be
           able
           to
           find
           the
           Plaintiff
           or
           his
           Attorney
           ,
           whereby
           to
           recover
           his
           damages
           ,
           yet
           it
           is
           so
           seldom
           as
           it
           is
           very
           rare
           ;
           and
           our
           Laws
           as
           they
           did
           never
           undertake
           to
           prophesie
           ,
           or
           to
           have
           a
           prescience
           or
           certain
           knowledge
           of
           things
           to
           come
           ,
           so
           they
           never
           provided
           against
           
             raro
             contingentia
          
           ,
           things
           seldom
           happening
           ,
           or
           of
           little
           consequence
           ,
           neither
           can
           our
           or
           any
           other
           Laws
           be
           able
           at
           all
           times
           ,
           to
           prevent
           all
           the
           tricks
           and
           evil
           actions
           ,
           which
           the
           deceitfulness
           of
           mens
           hearts
           do
           too
           often
           put
           in
           practise
           .
           And
           that
           nameless
           Author
           may
           ,
           upon
           his
           better
           acquaintance
           with
           our
           Laws
           ,
           inform
           himself
           ,
           and
           those
           for
           whom
           he
           so
           much
           busieth
           himself
           ,
           that
           if
           an
           Outlawry
           should
           ,
           as
           he
           surmiseth
           ,
           be
           indirectly
           gained
           ,
           the
           Court
           out
           of
           which
           it
           proceedeth
           do
           ,
           when
           discovered
           ,
           never
           fail
           severely
           to
           punish
           such
           an
           
           Offender
           ,
           and
           give
           what
           remedies
           they
           can
           unto
           those
           that
           do
           suffer
           by
           it
           ;
           and
           that
           there
           is
           a
           Statute
           ,
           which
           was
           made
           in
           the
           Tenth
           year
           of
           the
           Reign
           of
           King
           Henry
           the
           Sixth
           ,
           
           and
           renewed
           in
           the
           18th
           .
           year
           of
           the
           said
           Kings
           Reign
           ,
           yet
           unrepealed
           to
           prevent
           and
           remedy
           it
           .
        
         
           And
           is
           as
           much
           out
           of
           the
           way
           when
           he
           saith
           ,
           That
           Tenures
           in
           Villenage
           were
           repealed
           by
           Act
           of
           Parliament
           ,
           
           when
           in
           the
           Parliament
           of
           the
           fifth
           year
           of
           the
           Reign
           of
           King
           Richard
           the
           Second
           ,
           the
           Manumissions
           of
           Villaines
           ,
           which
           had
           been
           extorted
           from
           that
           Kingby
           
             Wat
             Tiler
          
           and
           his
           rout
           of
           Rebels
           ,
           were
           declared
           to
           be
           void
           ,
           and
           the
           wearing
           out
           of
           that
           Tenure
           ,
           in
           the
           many
           Intestine
           Wars
           and
           Troubles
           of
           the
           Nation
           ,
           and
           the
           favour
           and
           indulgence
           of
           our
           later
           Kings
           and
           Princes
           ,
           and
           the
           Nobility
           and
           Gentry
           of
           this
           Kingdom
           ,
           is
           to
           be
           ascribed
           more
           thereunto
           ,
           and
           a
           desuetude
           &
           length
           of
           time
           ,
           then
           unto
           any
           thing
           else
           ,
           which
           hath
           so
           washed
           many
           a
           jolly
           Gentleman
           that
           would
           be
           ,
           and
           Men
           of
           great
           Estates
           ,
           whose
           Extractions
           and
           Originals
           (
           were
           at
           the
           first
           lodged
           in
           those
           Tenures
           )
           in
           the
           Waters
           of
           
           Lethe
           and
           Oblivion
           ,
           as
           there
           are
           now
           very
           few
           or
           none
           to
           be
           found
           of
           them
           .
        
         
           And
           is
           as
           little
           to
           be
           excused
           when
           he
           saith
           ,
           That
           the
           Mortmaines
           of
           Abbies
           were
           taken
           away
           by
           Acts
           of
           Parliament
           ,
           unless
           that
           he
           means
           by
           the
           total
           dissolution
           of
           them
           ,
           which
           hapned
           long
           after
           those
           Mortmaines
           ,
           and
           is
           as
           wide
           from
           the
           mark
           ,
           in
           his
           impertinent
           Accompt
           of
           the
           Money
           or
           profits
           of
           the
           Bishops
           Courts
           ,
           as
           he
           is
           of
           any
           proof
           or
           certainty
           ,
           that
           they
           are
           a
           burden
           ,
           and
           can
           hardly
           instance
           any
           one
           Attorney
           (
           but
           certainly
           not
           many
           )
           that
           hath
           in
           one
           Writ
           of
           Priviledge
           ,
           named
           or
           sued
           one
           hundred
           Defendants
           ,
           and
           held
           them
           to
           special
           Bail
           ,
           whereas
           such
           a
           vexation
           would
           have
           been
           remedied
           by
           an
           Appeal
           unto
           any
           Judge
           of
           the
           Court
           ,
           out
           of
           which
           such
           Writ
           issued
           ,
           who
           had
           by
           the
           Law
           a
           power
           in
           his
           discretion
           ,
           to
           order
           whether
           any
           special
           Bail
           should
           be
           given
           ,
           as
           the
           case
           required
           .
        
      
       
         
         
           CHAP.
           XIV
           .
           That
           the
           Nation
           hath
           not
           been
           base
           or
           slavish
           ,
           ever
           since
           the
           making
           of
           the
           said
           Act
           of
           Parliament
           of
           25
           E.
           3.
           ca.
           17.
           
        
         
           ANd
           is
           to
           prove
           ,
           when
           he
           can
           ,
           that
           many
           Men
           have
           languished
           to
           death
           for
           fear
           of
           an
           imprisonment
           ;
           for
           some
           one
           or
           few
           melancholick
           Persons
           ,
           may
           in
           their
           retirements
           ,
           sad
           apprehensions
           or
           multiplied
           fears
           ,
           have
           indangered
           their
           healths
           ,
           which
           makes
           not
           the
           Justice
           or
           Laws
           of
           the
           Nation
           to
           be
           any
           more
           guilty
           or
           cause
           of
           it
           ,
           or
           deserve
           to
           be
           abrogated
           :
           Then
           the
           sacred
           Scripture
           is
           to
           be
           blamed
           ,
           for
           that
           some
           Persons
           have
           by
           the
           reading
           of
           it
           ,
           or
           hearing
           of
           it
           preached
           ,
           been
           so
           disturbed
           with
           an
           affright
           of
           conscience
           ,
           as
           they
           have
           been
           distracted
           ,
           or
           laid
           violent
           hands
           upon
           themselves
           .
        
         
           Or
           that
           His
           late
           Majesty
           of
           glorious
           Memory
           (
           if
           not
           mis-informed
           by
           the
           concealed
           Author
           of
           such
           frivolous
           ,
           feigned
           and
           false
           
           complaints
           ,
           or
           by
           some
           of
           his
           Proselites
           )
           had
           so
           deep
           a
           sense
           of
           his
           Subjects
           sufferings
           ,
           by
           such
           Writs
           and
           Process
           as
           he
           intended
           the
           inlargement
           of
           Prisoners
           for
           Debt
           ,
           and
           the
           abolishing
           of
           all
           Arrests
           and
           Outlawries
           for
           the
           future
           ,
           by
           the
           then
           Parliament
           ,
           if
           he
           could
           have
           received
           any
           recompence
           for
           the
           remitting
           of
           all
           forfeitures
           ,
           and
           other
           profits
           arising
           to
           His
           Crown
           ;
           nor
           doth
           give
           us
           any
           evidence
           for
           such
           wild
           imaginations
           ,
           nor
           ever
           will
           be
           able
           to
           do
           it
           ;
           or
           that
           the
           Nation
           hath
           been
           base
           and
           slavish
           since
           the
           said
           Act
           of
           Parliament
           of
           25
           
             E.
             3.
             ca.
          
           17.
           and
           other
           Acts
           of
           Parliament
           since
           made
           ,
           which
           our
           Laws
           ,
           Records
           ,
           and
           Histories
           ;
           will
           abundantly
           confute
           ,
           and
           our
           Neighbour
           Nations
           envying
           our
           Glory
           ,
           Freedom
           ,
           Peace
           and
           Plenty
           ,
           may
           decry
           as
           an
           ingrateful
           and
           horrid
           falsity
           ,
           deserving
           to
           be
           had
           in
           everlasting
           detestation
           .
        
         
           Unto
           which
           bundle
           of
           untruths
           ,
           and
           feaverish
           deliriums
           ,
           are
           likewise
           to
           be
           added
           those
           giddy
           Assertions
           ;
           that
           the
           People
           are
           unsecure
           in
           their
           Estates
           ,
           and
           that
           their
           good
           and
           welfare
           depends
           upon
           their
           being
           manumitted
           and
           enfranchised
           in
           their
           persons
           ,
           
           and
           made
           Noble
           and
           free
           by
           Abolishing
           of
           the
           Process
           of
           Arrest
           and
           Outlary
           .
           And
           that
           such
           an
           Act
           of
           Grace
           will
           be
           accompted
           by
           all
           goodmen
           and
           their
           posterities
           ,
           a
           sufficient
           recompence
           for
           all
           the
           Subjects
           past
           sufferings
           ,
           and
           be
           the
           greatest
           mercy
           that
           ever
           any
           King
           of
           England
           extended
           to
           his
           Subjects
           ,
           since
           they
           were
           a
           Nation
           .
        
         
           Which
           should
           it
           take
           effect
           ,
           may
           be
           as
           little
           successful
           to
           the
           pretended
           Advocat
           and
           his
           Party
           ,
           and
           the
           Trade
           and
           Interest
           of
           the
           Kingdom
           ;
           as
           the
           Eagles
           carrying
           in
           another
           Case
           ,
           the
           burning
           Cole
           in
           the
           Apologue
           to
           her
           Nest
           :
           And
           until
           they
           could
           have
           been
           sure
           of
           a
           better
           ,
           which
           they
           are
           never
           like
           to
           be
           ,
           might
           have
           forborne
           their
           Snarling
           and
           Barking
           at
           our
           Laws
           ,
           of
           which
           that
           Act
           of
           Parliament
           of
           25.
           
           
             E.
             3.
             ca.
          
           17.
           
           Was
           accompted
           to
           be
           a
           part
           ,
           which
           until
           the
           Distemper
           which
           seized
           upon
           a
           seditious
           part
           of
           the
           people
           ,
           in
           the
           unhappy
           year
           of
           1641.
           were
           ▪
           so
           well
           beloved
           and
           deservedly
           commended
           ,
           as
           Thirning
           ,
           
           Chief
           Justice
           of
           the
           Court
           of
           Common
           Pleas
           ,
           publickly
           declared
           in
           the
           12th
           .
           year
           of
           the
           Reign
           of
           King
           Henry
           the
           
           4th
           .
           that
           the
           Laws
           of
           England
           were
           in
           the
           Reign
           of
           King
           Edward
           the
           
             3d.
             In
             the
             greatest
             perfection
             ,
             that
             ever
             they
             were
             the
             Judges
             Sage
             ,
             and
             learneds
             and
             the
             pleading
             ,
             the
             greatest
             Honour
             and
             Ornament
             of
             the
             Law
             ,
             were
             in
             that
             Kings
             Reigne
             of
             that
             excellency
             as
             those
             of
             former
             times
             were
             but
             feeble
             unto
             them
             .
          
           
           Sir
           
             John
             Fortescue
          
           Knight
           ,
           Lord
           Chief
           Justice
           of
           the
           Court
           of
           Kings
           Bench
           ,
           in
           the
           Reign
           of
           King
           Henry
           the
           sixth
           ,
           by
           comparing
           of
           our
           Laws
           and
           Government
           ,
           with
           the
           Laws
           and
           Government
           of
           France
           and
           other
           Nations
           ,
           hath
           in
           his
           learned
           Book
           !
           Written
           on
           that
           Subject
           ,
           proved
           and
           demonstrated
           that
           our
           Laws
           of
           
             England
             ,
             Do
             deserve
             the
             Preheminence
             over
             all
             other
             Laws
             ,
             and
             do
             more
             secure
             the
             People
             in
             their
             Estates
             ,
             Liberties
             ,
             and
             Properties
          
           then
           those
           of
           France
           ,
           or
           any
           other
           Nation
           .
        
         
           Queen
           Elizabeth
           ,
           who
           made
           it
           her
           constant
           and
           usual
           Charge
           to
           her
           Judges
           ,
           to
           do
           Justice
           ,
           and
           not
           to
           disturbe
           or
           delay
           it
           .
           Governed
           her
           people
           by
           her
           Laws
           ,
           in
           Plenty
           ,
           Peace
           ,
           and
           Prosperity
           ,
           to
           the
           Worlds
           admiration
           ,
           Terror
           of
           her
           Enemies
           ,
           and
           the
           Comfort
           and
           Support
           of
           her
           
           Friends
           and
           Allies
           ;
           did
           so
           after
           her
           death
           Reign
           and
           live
           in
           her
           peoples
           hearts
           ,
           as
           they
           in
           or
           about
           London
           have
           to
           this
           time
           ,
           from
           the
           Coronation
           or
           beginning
           of
           her
           happy
           Reign
           ,
           now
           above
           one
           hundred
           and
           sixteen
           years
           ago
           ,
           in
           a
           grateful
           acknowledgment
           of
           it
           ,
           never
           omitted
           to
           Celebrate
           that
           day
           ,
           with
           the
           Ringing
           of
           Bells
           ,
           some
           legacies
           having
           been
           given
           in
           some
           places
           also
           ,
           
           for
           the
           perpetuating
           thereof
           ;
           King
           James
           had
           a
           great
           care
           of
           the
           expedition
           and
           execution
           of
           the
           Laws
           ,
           in
           whose
           peaceable
           and
           plentiful
           Reign
           ,
           ten
           years
           have
           passed
           without
           any
           Tax
           or
           Assessment
           of
           the
           people
           :
           And
           King
           Charles
           his
           Son
           ,
           made
           a
           great
           part
           of
           his
           Coyn
           to
           wear
           the
           Inscription
           ,
           that
           he
           fought
           against
           a
           Rebellious
           part
           of
           his
           Subjects
           ,
           to
           maintain
           the
           Laws
           ,
           priviledges
           of
           Parliament
           ,
           and
           liberties
           of
           the
           people
           ,
           and
           dyed
           a
           Martyr
           ,
           because
           he
           would
           not
           betray
           ,
           or
           deliver
           them
           up
           to
           a
           Lawless
           ,
           unlimited
           ,
           and
           ever
           to
           be
           dreaded
           Arbitrary
           power
           .
        
         
           So
           as
           that
           seducing
           Author
           ,
           might
           have
           found
           a
           better
           imployment
           ,
           then
           to
           throw
           
           dirt
           at
           our
           Laws
           before
           he
           understands
           them
           ,
           and
           might
           have
           been
           able
           to
           have
           given
           a
           better
           accompt
           of
           his
           time
           ,
           if
           he
           had
           followed
           the
           advice
           of
           Sir
           
             Edward
             Coke
          
           ;
           Who
           was
           so
           much
           a
           welwiller
           to
           the
           Proces
           of
           Arrest
           and
           Utlary
           ,
           as
           whilst
           he
           was
           Chief
           Justice
           of
           the
           Court
           of
           Comon
           Pleas
           ,
           he
           did
           never
           dislike
           or
           refuse
           the
           putting
           his
           name
           and
           Teste
           to
           such
           kind
           of
           Writs
           ,
           under
           the
           Kings
           Seal
           entrusted
           to
           his
           custody
           ;
           and
           being
           afterwards
           made
           Lord
           Chief
           Justice
           of
           the
           Court
           of
           Kings
           Bench
           ,
           had
           so
           good
           an
           opinion
           of
           the
           Process
           of
           Arrest
           ,
           and
           the
           necessity
           and
           usefulness
           thereof
           ,
           as
           that
           to
           maintain
           and
           support
           the
           Writs
           of
           Latitat
           and
           Bills
           of
           Midlesex
           in
           Actions
           of
           Debt
           ,
           and
           other
           personal
           Actions
           then
           too
           often
           made
           by
           that
           Court
           ,
           which
           had
           no
           Jurisdiction
           or
           Conusans
           thereof
           ;
           but
           in
           Case
           of
           a
           Defendants
           present
           imprisonment
           ,
           or
           of
           priviledge
           of
           some
           of
           their
           Members
           to
           hold
           Pleas
           in
           such
           kind
           of
           actions
           ,
           he
           feigned
           a
           prescription
           to
           be
           made
           and
           used
           in
           the
           declarations
           thereupon
           ,
           that
           the
           Defendant
           was
           in
           
             Custodia
             Marr
             '
             Marescalli
             Curiae
          
           and
           actually
           a
           Prisoner
           ,
           when
           he
           neither
           was
           so
           at
           the
           
           time
           of
           the
           making
           of
           the
           said
           Writs
           ,
           or
           the
           time
           of
           the
           Defendants
           giving
           Bond
           for
           his
           appearance
           to
           the
           Sheriff
           ,
           or
           at
           the
           time
           of
           the
           Plaintiffs
           declaring
           against
           him
           ,
           as
           he
           did
           publiquely
           declare
           in
           Print
           ,
           That
           every
           man
           ought
           ,
           
             next
             to
             his
             duty
             to
             God
             and
             his
             King
             ,
             to
             yield
             a
             due
             reverence
             and
             obedience
             to
             the
             Common
             Laws
             of
          
           England
           ,
           
             for
             that
             of
             all
             Laws
             humane
             they
             were
             most
             equal
             ,
             most
             certain
             ,
             of
             great
             antiquity
             ,
             least
             delay
             ,
             most
             beneficial
             ,
             and
             easie
             to
             be
             observed
          
           ;
           And
           
             That
             he
             could
             defend
             them
             against
             any
             Man
             ,
             that
             is
             not
             malicious
             without
             understanding
             ,
             and
             make
             it
             manifest
             to
             any
             Man
             of
             judgment
             and
             indifferency
             ,
             by
             proofs
             pregnant
             and
             demonstrations
             ,
             and
             by
             Records
             and
             testimonies
             luculent
             and
             irrefragable
             .
          
        
         
           Which
           just
           and
           due
           value
           and
           estimation
           of
           our
           Laws
           may
           well
           be
           credited
           ,
           when
           if
           a
           Jury
           of
           the
           Subjects
           of
           our
           Neighbour
           Nations
           ,
           Kings
           and
           Princes
           ,
           or
           of
           the
           Republique
           of
           Holland
           ,
           that
           
             Corporation
             of
             Kings
          
           ,
           were
           impannelled
           and
           fitted
           with
           the
           knowledge
           ,
           and
           understanding
           of
           the
           excellency
           of
           them
           ,
           they
           could
           not
           either
           as
           to
           the
           imposing
           or
           payment
           of
           Taxes
           ,
           or
           to
           any
           
           other
           particulars
           ,
           refuse
           to
           give
           a
           Verdict
           upon
           Oath
           ,
           that
           our
           Laws
           and
           Customes
           do
           in
           their
           perfection
           ,
           and
           right
           reason
           generally
           far
           excel
           those
           by
           which
           they
           are
           governed
           ,
           aud
           that
           the
           Subjects
           of
           England
           and
           Wales
           are
           by
           the
           happiness
           of
           a
           well
           tempered
           Monarchy
           ,
           and
           our
           Laws
           as
           secure
           from
           any
           danger
           of
           arbitrary
           power
           as
           any
           people
           under
           Heaven
           .
        
         
           And
           he
           would
           find
           it
           to
           be
           a
           difficulty
           insuperable
           to
           ptocure
           our
           Merchants
           of
           England
           ,
           or
           any
           of
           those
           who
           do
           undertake
           to
           insure
           the
           hazardous
           adventures
           of
           those
           that
           do
           go
           or
           send
           to
           Sea
           ,
           and
           see
           the
           wonders
           of
           the
           deep
           and
           adventure
           their
           personal
           Estates
           upon
           the
           cholerick
           waves
           thereof
           ,
           not
           seldom
           accompanied
           with
           humerous
           and
           raging
           winds
           ,
           to
           give
           him
           an
           assurance
           and
           certainty
           ,
           that
           the
           people
           shall
           not
           be
           ruined
           by
           that
           his
           goodly
           indigested
           project
           ,
           which
           in
           its
           folly
           and
           inconveniencies
           ,
           as
           to
           the
           credit
           ,
           reputation
           and
           Justice
           of
           the
           Nation
           ,
           exceeds
           that
           of
           
             Jack
             Cade
          
           ,
           that
           great
           Master
           of
           Ignorance
           ,
           who
           had
           perswaded
           his
           Rable-rout
           to
           believe
           ,
           that
           it
           would
           be
           an
           excellent
           piece
           of
           Reformation
           ,
           and
           
           much
           for
           the
           good
           of
           the
           people
           ,
           to
           suppress
           all
           learning
           and
           dispatch
           all
           business
           and
           affaires
           by
           the
           help
           only
           of
           the
           Score
           and
           the
           Tally
           .
        
         
           And
           will
           howsoever
           be
           as
           incertain
           of
           the
           success
           ,
           which
           none
           but
           mad
           Men
           ,
           and
           such
           as
           the
           Turks
           and
           Men
           of
           Mecha
           do
           usually
           adore
           ,
           can
           believe
           to
           be
           answerable
           to
           the
           end
           of
           publick
           good
           ;
           as
           he
           may
           sooner
           adventure
           to
           make
           an
           Affidavit
           ,
           if
           any
           credit
           could
           be
           given
           unto
           it
           ,
           of
           the
           possession
           infallible
           of
           the
           imaginary
           Elixir
           or
           
             Philosophers
             Stone
          
           ,
           the
           only
           Essay
           of
           the
           gaining
           whereof
           ,
           hath
           undone
           and
           emptied
           the
           Purses
           and
           Estates
           of
           many
           more
           learned
           then
           ever
           he
           will
           be
           ,
           then
           that
           the
           People
           of
           England
           have
           either
           lived
           in
           Slavery
           since
           the
           making
           of
           that
           Statute
           of
           25.
           
           
             E.
             3.
             ca.
          
           17.
           or
           that
           there
           will
           such
           an
           happiness
           and
           mercy
           arrive
           or
           redound
           ,
           as
           he
           pretends
           unto
           them
           ,
           by
           the
           abolishing
           of
           the
           Process
           of
           Arrest
           and
           Outlawry
           ,
           when
           seven
           parts
           of
           eight
           ,
           the
           whole
           to
           be
           divided
           into
           no
           more
           ,
           shall
           be
           ruined
           in
           their
           present
           Estate
           ,
           and
           future
           hopes
           of
           a
           better
           for
           want
           of
           credit
           and
           trust
           :
           And
           all
           the
           
             Men
             of
             Money
          
           lent
           out
           
           and
           trusted
           ,
           which
           are
           the
           smaller
           number
           ,
           shall
           be
           in
           danger
           enough
           of
           loosing
           it
           ;
           And
           the
           Free-holders
           of
           Lands
           ,
           which
           comparatively
           ,
           are
           far
           the
           smaller
           part
           of
           the
           Nation
           ,
           shall
           be
           only
           the
           Men
           ,
           and
           perhaps
           not
           half
           ,
           or
           a
           quarter
           of
           them
           ,
           that
           may
           be
           trusted
           or
           compelled
           to
           appear
           to
           any
           Actions
           of
           Debt
           ,
           or
           for
           Money
           which
           shall
           be
           commenced
           or
           brought
           against
           them
           ;
           And
           the
           Trade
           of
           the
           Nation
           which
           is
           now
           not
           so
           much
           outward
           as
           it
           either
           should
           or
           ought
           to
           be
           ,
           shall
           be
           very
           little
           stocked
           ,
           or
           driven
           with
           ready
           Money
           for
           want
           of
           trust
           ,
           or
           such
           a
           Process
           as
           may
           with
           any
           certainty
           ,
           or
           expedition
           compel
           the
           performance
           of
           it
           .
        
         
           Or
           that
           His
           late
           or
           now
           Majesty
           ,
           when
           our
           Kings
           and
           Princes
           were
           wont
           in
           many
           of
           their
           Writs
           and
           Rescripts
           ,
           to
           acknowledge
           that
           they
           were
           
             Debitores
             Justitiae
          
           ,
           Debtors
           to
           their
           people
           in
           matters
           of
           Justice
           ,
           
             &
             Astricti
          
           ,
           bound
           and
           obliged
           unto
           it
           by
           their
           Coronation
           Oaths
           ,
           could
           ever
           think
           it
           to
           be
           agreeable
           to
           their
           interests
           ,
           or
           correspondent
           to
           their
           Oaths
           ,
           and
           other
           obligations
           to
           God
           and
           Man
           ,
           to
           throw
           the
           Justice
           of
           the
           Land
           ,
           with
           which
           they
           have
           been
           by
           God
           intrusted
           ,
           
           into
           a
           Chaos
           and
           confusion
           ,
           to
           gratifie
           the
           humors
           of
           a
           smali
           or
           inconsiderable
           number
           of
           his
           Subjects
           ,
           the
           
             quondam
             Rebells
          
           ,
           and
           most
           factious
           and
           ignorant
           part
           of
           them
           ,
           and
           ruine
           the
           multitude
           ,
           who
           are
           as
           much
           committed
           to
           their
           cares
           as
           the
           other
           ,
           
             Ne
             cum
             parti
             alicui
             placeant
             reliquas
             deserant
             ,
          
           Least
           when
           they
           seek
           to
           please
           a
           few
           ,
           they
           do
           forsake
           and
           abandon
           those
           who
           are
           much
           the
           
             major
             part
          
           ,
           and
           greater
           number
           .
        
         
           Howsoever
           let
           Sir
           
             Edward
             Coke
          
           say
           and
           write
           all
           that
           he
           can
           ,
           in
           the
           never
           to
           be
           denyed
           just
           praises
           and
           commendations
           of
           our
           Laws
           ,
           those
           that
           without
           any
           cause
           or
           knowledge
           do
           too
           much
           maligne
           and
           hate
           them
           ,
           adore
           a
           resolved
           infatuation
           ,
           and
           believe
           their
           Fort
           of
           Phansies
           to
           be
           impregnable
           ,
           and
           out
           of
           the
           danger
           of
           any
           Assaults
           ,
           or
           being
           taken
           ,
           will
           by
           their
           good
           wills
           ,
           rather
           then
           forsake
           their
           designs
           ,
           and
           the
           hopes
           they
           have
           of
           some
           new
           employments
           ,
           oblige
           and
           tye
           him
           to
           his
           former
           mistaken
           opinions
           ,
           delivered
           in
           the
           aforesaid
           Sir
           
             William
             Herberts
          
           Case
           ,
           and
           likewise
           in
           his
           Comment
           ▪
           upon
           
             Magna
             Carta
             ca.
          
           29.
           
           That
           the
           
             Imprisonment
             of
             the
             body
             for
             Debt
             ,
             unless
             in
             
             the
             King
             Case
             ,
             was
             not
             by
             the
             Common
             Law
             before
             the
             making
             of
             the
             Statute
             of
             25
             E.
             3.
             ca.
          
           17.
           although
           in
           all
           his
           Reports
           and
           Comments
           ,
           and
           other
           his
           learned
           Writings
           ,
           he
           hath
           not
           at
           all
           inveighed
           against
           the
           Process
           of
           Arrest
           and
           Outlawry
           in
           Actions
           of
           Debt
           ,
           or
           other
           personal
           Actions
           ,
           or
           declared
           or
           made
           any
           mention
           ,
           that
           they
           were
           either
           illegal
           or
           a
           grievance
           :
           And
           when
           he
           said
           ,
           
             That
             Imprisonment
             of
             the
             body
             for
             Debt
             ,
             unless
             in
             the
             Kings
             Case
             ,
             was
             not
             before
             the
             making
             of
             the
             aforesaid
             Act
             of
             Parliament
             ,
          
           did
           no
           where
           say
           ,
           that
           it
           was
           not
           before
           that
           time
           ,
           upon
           Contempts
           of
           Courts
           of
           Justice
           ,
           or
           the
           Writs
           or
           Mandates
           thereof
           ,
           or
           upon
           a
           probability
           of
           a
           Defendants
           running
           away
           ;
           and
           are
           the
           more
           pertinatious
           in
           it
           by
           Sir
           Edward
           Coke's
           being
           so
           much
           enamored
           on
           a
           Manuscript
           ,
           called
           the
           
             Mirror
             of
             Justice
          
           ,
           which
           as
           to
           the
           Copie
           ,
           which
           he
           follows
           and
           cites
           in
           his
           aforesaid
           Comments
           upon
           
             Magna
             Carta
          
           ,
           and
           that
           so
           called
           
             Mirror
             of
             Justice
          
           ,
           which
           was
           afterwards
           printed
           and
           published
           in
           the
           year
           one
           thousand
           six
           hundred
           forty-six
           ,
           by
           
             William
             Hughs
          
           of
           Grayes-Inn
           Esquire
           ,
           
             Flagranti
             bello
          
           ,
           when
           the
           Laws
           and
           
           Liberties
           of
           the
           People
           were
           by
           a
           wicked
           Rebellion
           ,
           under
           a
           pretence
           of
           Reformation
           of
           Religion
           for
           some
           years
           before
           endeavoured
           ,
           to
           have
           been
           destroyed
           ,
           and
           said
           to
           be
           translated
           out
           of
           an
           old
           French
           Copy
           ,
           which
           hath
           been
           justly
           suspected
           ,
           &
           in
           many
           important
           matters
           proved
           to
           be
           fictitious
           ,
           &
           to
           Men
           of
           Learning
           ,
           and
           those
           that
           have
           traced
           the
           paths
           or
           fields
           of
           Learning
           and
           Manuscripts
           ,
           and
           observed
           the
           contrariety
           ,
           omissions
           ,
           additions
           ,
           transcriptions
           ,
           mistakings
           ,
           interpolations
           ,
           annotations
           ,
           impostures
           and
           words
           ,
           therein
           creeping
           out
           of
           the
           margent
           into
           the
           Text
           ;
           and
           those
           many
           counterfeit
           Books
           and
           Manuscripts
           ,
           which
           even
           in
           the
           primitive
           times
           of
           the
           Church
           and
           after
           Ages
           ,
           have
           been
           imposed
           upon
           Posterity
           ,
           and
           too
           often
           are
           and
           may
           be
           seen
           ;
           will
           administer
           no
           matter
           of
           wonder
           .
        
         
           They
           therefore
           who
           do
           so
           cherish
           and
           delight
           in
           the
           novelty
           of
           opinions
           ,
           and
           are
           most
           pleased
           with
           those
           which
           are
           likeliest
           to
           answer
           their
           expectations
           of
           gain
           and
           profit
           ,
           or
           may
           serve
           to
           engage
           the
           protection
           and
           favour
           of
           some
           hopeful
           and
           prevailing
           Partie
           and
           Faction
           ,
           may
           do
           an
           Act
           of
           Justice
           to
           
           themselves
           and
           others
           ,
           to
           pause
           a
           while
           and
           look
           a
           little
           more
           ,
           into
           the
           aforesaid
           opinions
           of
           Sir
           
             Edward
             Coke
          
           ,
           although
           he
           must
           be
           acknowledged
           to
           have
           been
           a
           very
           great
           Rabbi
           in
           our
           Laws
           ,
           and
           consider
           well
           the
           Grounds
           ,
           Authorities
           and
           Reasons
           ,
           upon
           which
           he
           hath
           founded
           them
           ,
           before
           they
           do
           
             Jurare
             in
             verba
             Magistri
          
           ,
           and
           espouse
           or
           build
           upon
           them
           .
        
      
       
         
           CHAP.
           XV.
           An
           Examination
           of
           the
           opinions
           of
           Sir
           Edward
           Coke
           ,
           in
           his
           Report
           of
           the
           said
           Sir
           William
           Herberts
           Case
           ,
           touching
           the
           Process
           of
           Arrest
           used
           in
           our
           Laws
           ,
           and
           the
           many
           Errours
           appearing
           in
           the
           Book
           or
           Manuscript
           ,
           called
           the
           Mirror
           of
           Justice
           ,
           and
           the
           fictitious
           matters
           and
           relations
           mentioned
           therein
           .
        
         
           FOr
           although
           
             in
             Criminalibus
             &
             Capitalibus
             causis
          
           ,
           in
           Criminal
           and
           Capital
           causes
           ,
           an
           Arrest
           or
           real
           Citation
           ,
           as
           the
           Civil
           Lawyers
           call
           it
           ,
           is
           and
           hath
           ever
           been
           used
           by
           the
           Laws
           of
           God
           ,
           Nature
           and
           Nations
           :
           
           There
           shall
           not
           be
           such
           gentle
           Process
           or
           Proceedings
           ,
           by
           way
           of
           Attachment
           as
           is
           usual
           in
           other
           Cases
           ,
           but
           such
           Malefactors
           are
           presently
           to
           be
           arrested
           ,
           and
           the
           Goal
           or
           Prison
           is
           to
           be
           their
           Sureties
           ,
           until
           they
           defend
           or
           clear
           themselves
           ;
           yet
           ▪
           those
           kind
           of
           necessary
           proceedings
           can
           have
           no
           other
           original
           or
           ground
           to
           support
           or
           warrant
           them
           ,
           but
           what
           proceeds
           from
           the
           before
           recited
           grounds
           or
           causes
           ,
           or
           some
           of
           them
           ;
           because
           until
           the
           Fact
           be
           tryed
           ,
           it
           is
           but
           an
           accusation
           ,
           and
           not
           alwayes
           so
           much
           as
           a
           probability
           ,
           but
           a
           change
           or
           suspition
           that
           it
           was
           done
           by
           him
           that
           is
           accused
           ,
           and
           there
           will
           be
           alwayes
           a
           magis
           and
           minus
           ,
           and
           variatioe
           of
           Circumstances
           in
           such
           kind
           of
           Offences
           ,
           which
           may
           either
           lessen
           or
           heighten
           them
           ;
           Nor
           do
           those
           Rules
           which
           are
           given
           by
           
             Bracton
             ▪
          
           for
           the
           reason
           of
           Arrests
           or
           Restraints
           of
           liberty
           in
           personal
           Actions
           before
           judgment
           ,
           that
           a
           
             Habeas
             Corpus
          
           ,
           which
           amounteth
           in
           effect
           to
           a
           Capias
           or
           Restraint
           of
           the
           person
           or
           his
           liberty
           ,
           
           is
           presently
           to
           be
           granted
           
             propter
             privilegium
             eruce
             signatorum
             &
             mercatorum
             ,
          
           in
           respect
           or
           favour
           of
           those
           that
           were
           to
           go
           to
           the
           Holy
           
           War
           ,
           or
           were
           Merchants
           ;
           or
           
             propter
             causam
             sive
             necessitatem
          
           ,
           for
           some
           urgent
           cause
           or
           necessity
           of
           dispatch
           ;
           or
           in
           Trespas
           ,
           
             propter
             atrecitatem
             injuriae
          
           ,
           the
           horridness
           or
           evil
           of
           the
           Offence
           ,
           or
           
             propter
             personam
             contra
             quem
             injuriatum
             est
             ,
             ut
             si
             injuriatus
             sit
             Domino
             Regi
             vel
             Reginae
             ,
             vel
             eorum
             liberis
             ,
             vel
             Fratribus
             ,
             vel
             Sororibus
             ,
             vel
             eorum
             Parentibus
             &
             Propinquis
             ,
          
           in
           respect
           of
           the
           Person
           against
           whom
           the
           wrong
           is
           done
           ;
           as
           the
           King
           ,
           Queen
           ,
           their
           Children
           ,
           Brothers
           ,
           Sisters
           ,
           or
           their
           Parents
           or
           Kindred
           ;
           come
           up
           to
           the
           Rules
           of
           Justice
           for
           urgency
           of
           Affairs
           ,
           necessities
           ,
           or
           occesions
           ,
           considerations
           ,
           or
           respect
           of
           Persons
           ,
           can
           of
           themselves
           be
           no
           cause
           of
           making
           Justice
           ,
           which
           is
           not
           to
           be
           a
           respecter
           of
           Persons
           to
           be
           Eccentrick
           ,
           or
           go
           a
           step
           out
           of
           her
           way
           ,
           or
           to
           do
           any
           thing
           in
           one
           case
           ,
           which
           should
           not
           or
           ought
           not
           to
           be
           done
           in
           other
           Cases
           ,
           having
           the
           like
           ground
           of
           reason
           and
           justice
           ,
           attended
           with
           the
           same
           circumstances
           ;
           neither
           can
           
             atrocitas
             facti
             vel
             injuriae
          
           ,
           the
           grandeur
           and
           oughliness
           of
           the
           offence
           ,
           be
           the
           sole
           cause
           or
           ground
           of
           Arrest
           ,
           in
           common
           or
           petty
           actions
           of
           Trespas
           ,
           or
           for
           words
           ,
           if
           there
           could
           properly
           
           be
           any
           atrocitas
           or
           hainousness
           in
           them
           ,
           or
           where
           it
           is
           done
           involuntarily
           ;
           as
           in
           Cases
           of
           Trespass
           ,
           or
           damage
           done
           by
           a
           mans
           Cattle
           ,
           for
           Trespass
           may
           be
           greater
           or
           lesser
           ;
           and
           if
           every
           Trespass
           could
           be
           understood
           to
           be
           of
           the
           greater
           size
           or
           magnitnde
           ,
           and
           so
           horrid
           and
           enormous
           ;
           yet
           there
           can
           be
           no
           reason
           to
           make
           the
           Caption
           or
           Arrest
           to
           be
           in
           part
           of
           Corporal
           punishment
           ,
           before
           the
           Judge
           or
           Magistrate
           be
           ascertained
           of
           the
           guilt
           of
           the
           Party
           ,
           or
           instructed
           how
           to
           keep
           the
           order
           which
           the
           Laws
           of
           God
           ,
           Nature
           and
           Nations
           ,
           and
           our
           
             Magna
             Carta
          
           have
           enjoyned
           ;
           that
           is
           to
           say
           ,
           to
           punish
           only
           
             secundum
             quantitatem
             delicti
          
           ,
           according
           to
           the
           nature
           of
           the
           offence
           .
        
         
           And
           that
           supposed
           ground
           or
           reason
           given
           by
           Sir
           
             Edward
             Coke
          
           ,
           will
           be
           as
           deficient
           that
           the
           Common
           Law
           of
           England
           ,
           abhorring
           all
           force
           as
           the
           capital
           Enemy
           to
           it
           ,
           subjects
           the
           body
           to
           imprisonment
           until
           it
           hath
           made
           agreement
           with
           the
           Party
           ,
           and
           fined
           to
           the
           King
           ,
           bring
           any
           better
           reason
           with
           it
           .
        
         
           For
           if
           the
           King
           shall
           (
           as
           he
           conceiveth
           )
           punish
           force
           by
           a
           Capias
           to
           Arrest
           the
           body
           before
           the
           party
           be
           permitted
           to
           defend
           him-or
           
           a
           Tryal
           had
           by
           Jury
           ,
           whether
           he
           be
           guilty
           or
           not
           ,
           that
           would
           be
           more
           against
           
             Magna
             Carta
          
           ,
           then
           any
           Process
           of
           Capias
           or
           Arrest
           in
           Debt
           can
           be
           dreamed
           or
           fancied
           to
           be
           ,
           and
           a
           
             Capias
             pro
             fine
          
           ,
           after
           a
           Tryal
           and
           finding
           guilty
           ,
           will
           either
           shew
           that
           it
           was
           not
           the
           arresting
           of
           the
           body
           in
           Trespass
           ,
           which
           was
           intended
           or
           inflicted
           for
           the
           punishment
           ,
           but
           the
           
             Capias
             pro
             fine
          
           ;
           and
           if
           both
           ,
           the
           Capias
           in
           Trespass
           before
           Judgement
           ,
           and
           the
           
             Capias
             pro
             fine
          
           after
           Judgement
           ,
           should
           be
           inflicted
           for
           one
           and
           the
           same
           offence
           .
        
         
           They
           would
           not
           be
           
             secundum
             modum
             sive
             quantitatem
             delicti
          
           ,
           proportionate
           to
           the
           offence
           ,
           and
           the
           Capias
           to
           Arrest
           would
           be
           before
           the
           King
           or
           his
           Courts
           of
           Justice
           ,
           could
           be
           ascertained
           that
           there
           was
           an
           offence
           .
        
         
           Nor
           will
           that
           other
           cause
           or
           ground
           given
           by
           him
           in
           the
           Report
           of
           the
           said
           Sir
           
             William
             Herberts
          
           Case
           ,
           that
           the
           King
           may
           by
           the
           Common
           Law
           arrest
           the
           body
           of
           the
           Debtor
           ,
           for
           that
           
             Thesaurus
             Regis
             est
             vinoulum
             &
             bellorum
             nervus
             ,
          
           The
           Money
           and
           Treasure
           of
           the
           King
           is
           the
           Bond
           of
           Peace
           ,
           and
           Sinuwes
           of
           War
           obtain
           the
           conclusion
           which
           he
           aims
           
           at
           :
           For
           that
           were
           to
           make
           a
           King
           or
           supream
           Magistrate
           ,
           which
           ought
           to
           be
           
             Lex
             viva
          
           ,
           and
           Justice
           it self
           ,
           to
           destroy
           that
           which
           he
           was
           sworn
           to
           protect
           ,
           and
           give
           him
           licence
           to
           break
           Laws
           ,
           who
           is
           not
           in
           ordinary
           Cases
           against
           the
           Rules
           of
           Justice
           ,
           and
           right
           reason
           ,
           to
           give
           such
           a
           liberty
           to
           himself
           or
           any
           others
           ,
           or
           to
           do
           an
           act
           for
           an
           advantage
           or
           necessity
           ,
           which
           the
           even
           and
           adequate
           Rules
           of
           Justice
           ,
           common
           right
           ,
           or
           right
           reason
           cannot
           allow
           .
        
         
           So
           as
           by
           the
           favour
           of
           so
           great
           an
           autho●●ty
           in
           our
           Laws
           as
           Sir
           
             Edward
             Coke
          
           is
           ,
           and
           with
           as
           much
           reverence
           as
           is
           or
           can
           be
           due
           to
           so
           great
           a
           lover
           of
           the
           Laws
           of
           England
           ,
           and
           the
           veneration
           which
           he
           justly
           merits
           :
           I
           must
           of
           necessity
           ,
           by
           what
           appears
           in
           the
           Cabinet
           and
           Treasury
           of
           time
           and
           Antiquity
           ,
           and
           what
           is
           clearly
           to
           be
           perceived
           in
           those
           pure
           streams
           ,
           which
           the
           Fountains
           of
           Justice
           and
           right
           reason
           have
           imparted
           unto
           Mankind
           ,
           assert
           what
           I
           have
           done
           ,
           and
           conclude
           that
           he
           was
           a
           man
           ,
           and
           hath
           as
           the
           best
           Authors
           may
           in
           their
           Books
           sometimes
           do
           ,
           which
           are
           not
           Scripture
           and
           Canonical
           ,
           erred
           in
           averring
           that
           there
           was
           no
           Process
           of
           
           arresting
           the
           body
           of
           a
           Debtor
           ,
           either
           before
           or
           after
           judgment
           ,
           until
           the
           Statute
           of
           25
           Ed.
           3.
           which
           gave
           Process
           of
           Outlawry
           in
           Actions
           of
           Debt
           .
        
         
           When
           in
           allowing
           Process
           of
           Arrest
           in
           debt
           in
           the
           Kings
           Case
           ,
           as
           he
           doth
           in
           Actions
           of
           Trespass
           ,
           he
           must
           acknowledge
           the
           same
           reason
           and
           necessity
           ,
           (
           which
           is
           a
           just
           and
           rational
           coertion
           to
           appear
           before
           the
           Tribunals
           of
           Justice
           ,
           and
           of
           caution
           to
           be
           given
           to
           abide
           their
           judgments
           ,
           to
           be
           in
           Actions
           of
           Debt
           ,
           and
           other
           personal
           Actions
           .
        
         
           And
           he
           himself
           in
           many
           of
           his
           Books
           and
           Writings
           hath
           as
           well
           as
           the
           Civil
           Law
           ,
           and
           our
           Common
           Law
           ,
           and
           the
           Law
           of
           Nations
           affirmed
           ,
           that
           the
           same
           Reason
           may
           claim
           the
           like
           Law
           ;
           For
           the
           reason
           that
           Joseph
           would
           have
           imprisoned
           his
           Brethren
           ,
           upon
           a
           suspition
           that
           they
           were
           come
           to
           espie
           the
           Land
           ,
           
           and
           kept
           Simeon
           a
           Prisoner
           until
           their
           words
           (
           and
           denials
           )
           were
           proved
           ,
           gives
           us
           the
           reason
           ,
           necessity
           ,
           and
           justice
           of
           arresting
           in
           personal
           Actions
           and
           Debt
           ,
           as
           well
           as
           Trespass
           ,
           until
           cause
           or
           caution
           be
           given
           of
           appearing
           in
           Courts
           of
           Justice
           ,
           and
           performing
           the
           judgments
           .
        
         
         
           And
           that
           learned
           Judge
           could
           ,
           if
           he
           were
           now
           living
           ,
           very
           well
           remember
           ,
           that
           he
           hath
           often
           said
           as
           well
           as
           found
           ,
           that
           many
           of
           our
           Acts
           of
           Parliament
           are
           but
           declaratory
           of
           the
           Common
           Law
           ,
           and
           that
           which
           was
           long
           before
           used
           ,
           and
           understood
           to
           be
           as
           it
           was
           reasonable
           .
        
         
           
             That
             the
             matter
             or
             thing
             excepted
             in
             an
             Act
             of
             Parliament
             ,
             is
             not
             included
             in
             any
             purvieu
             or
             provision
             of
             it
             ,
             but
             is
             out
             of
             the
             reach
             and
             gun-shot
             thereof
             ;
             and
             that
             when
             in
             the
             Statute
             of
          
           Magna
           Carta
           
             made
             in
          
           9
           H.
           3.
           ca.
           29.
           
             it
             is
             said
             ,
             That
          
           no
           Freeman
           shall
           be
           taken
           and
           imprisoned
           ,
           or
           be
           disseised
           of
           his
           Freehold
           or
           Liberties
           ,
           or
           free
           Customes
           ,
           or
           be
           outlawed
           or
           exiled
           ,
           or
           otherwise
           destroyed
           ,
           but
           by
           lawful
           judgment
           of
           his
           Peers
           ,
           or
           by
           the
           Law
           of
           the
           Land.
           
             And
             by
          
           25
           Ed.
           3.
           ca.
           4.
           
           That
           no
           Man
           shall
           be
           taken
           by
           Petition
           or
           suggestion
           ,
           but
           by
           Indictment
           or
           Presentment
           ,
           or
           by
           Process
           made
           by
           Writ
           original
           at
           the
           Common
           Law.
           
        
         
           He
           is
           in
           his
           Comment
           upon
           
             Magna
             Carta
          
           ,
           
           and
           that
           Statute
           of
           9
           H.
           3.
           of
           opinion
           ,
           that
           the
           words
           
             Per
             legem
             terrae
             ,
             do
             refer
             to
             all
             the
             procedent
             matters
             in
             that
             Chapter
             or
             Statute
             ,
             
             that
             that
             Statute
             was
             but
             declaratory
             of
             the
             old
             Law
             of
          
           England
           ,
           
             That
             a
             Commitment
             by
             Lawfull
             warrant
             either
             indeed
             or
             in
             Law
             is
             accounted
             in
             Law
             a
             due
             process
             or
             proceeding
             of
             Law
             ,
             and
             by
             the
             Law
             of
             the
             Land
             as
             well
             as
             by
             force
             of
             the
             Kings
             writ
             :
             and
             that
             if
             a
             man
             be
             suspected
             ,
             and
             he
             flyeth
             or
             hideth
             himself
             ,
             it
             is
             a
             good
             cause
             to
             arrest
             him
             ,
          
           that
           
             in
             many
             cases
             a
             man
             may
             be
             by
             the
             Law
             of
             the
             Land
             taken
             and
             imprisoned
             by
             force
             of
             the
             Kings
             writ
             upon
             a
             suggestion
             made
          
           ;
           and
           
             that
             against
             those
             that
             attempt
             to
             subvert
             and
             enervate
             the
             Kings
             Laws
             there
             lyeth
             a
             writ
             to
             the
             Sheriffe
             in
             nature
             of
             a
             Commission
             ad
             capiendum
             impugnatores
             juris
             Regis
             ,
          
           
           
             &
             ad
             ducendum
             eos
             ad
             Gaolam
             de
             Newgate
             ,
          
           to
           arrest
           the
           Impugners
           of
           the
           Kings
           Laws
           ,
           and
           to
           bring
           them
           to
           the
           Gaole
           of
           Newgate
           ,
           and
           if
           he
           had
           not
           been
           of
           that
           opinion
           ,
           the
           words
           of
           
             Magna
             Charta
          
           in
           that
           Statute
           of
           9.
           
           H.
           3.
           can
           if
           they
           were
           put
           upon
           the
           rack
           and
           tortured
           ,
           bear
           no
           other
           genuine
           sense
           or
           interpretation
           then
           that
           
             no
             man
             shall
             be
             taken
             or
             imprisoned
             but
             by
             lawfull
             judgment
             of
             his
             Peers
             ,
             or
             by
             the
             law
             of
             the
             land
             ,
          
           And
           those
           words
           of
           the
           Statute
           of
           25.
           
           
             Ed.
             3.
             ca.
          
           4.
           that
           
             no
             man
             
             shall
             be
             taken
             by
             petition
             or
             suggestion
             ,
             but
             by
             indictment
             or
             presentment
             ,
             or
             by
             process
             made
             by
             writ
             original
             at
             the
             Common
             Law
          
           can
           receive
           no
           other
           construction
           ,
           but
           that
           a
           man
           may
           be
           taken
           by
           process
           made
           by
           writ
           original
           at
           the
           Common
           Law
           ,
           of
           which
           nature
           are
           the
           process
           or
           writs
           of
           Capias
           in
           the
           Court
           of
           Common
           Pleas
           at
           Westminster
           ,
           which
           are
           made
           upon
           original
           writs
           issuing
           out
           of
           the
           Chancery
           ,
           have
           been
           in
           use
           upon
           occasion
           ,
           and
           are
           matters
           of
           record
           before
           the
           Justices
           in
           this
           Kingdom
           ,
           long
           before
           the
           making
           of
           those
           Statutes
           .
           And
           such
           an
           universal
           approved
           Ancient
           long
           and
           continued
           Praxis
           founded
           and
           fixt
           upon
           the
           Laws
           of
           God
           ,
           Nature
           and
           Nations
           ,
           in
           order
           to
           the
           preservation
           of
           Faith
           and
           Justice
           ;
           those
           grand
           Supporters
           of
           humane
           Societies
           ,
           should
           need
           no
           Advocate
           to
           plead
           and
           justifie
           the
           necessary
           use
           thereof
           ,
           but
           be
           sufficient
           to
           perswade
           the
           opponents
           to
           acquiesce
           in
           the
           reason
           and
           legality
           of
           it
           .
        
         
           And
           that
           great
           Lawyer
           Sir
           
             Edward
             Coke
          
           ,
           might
           have
           had
           more
           lawrels
           to
           have
           encompassed
           and
           grown
           up
           by
           his
           urne
           ,
           and
           had
           not
           so
           much
           Eclipsed
           that
           great
           reputation
           
           which
           he
           had
           gained
           in
           his
           Studies
           ,
           and
           Profession
           of
           the
           Laws
           as
           he
           hath
           ;
           if
           he
           had
           not
           without
           a
           due
           and
           serious
           examination
           so
           much
           taken
           upon
           trust
           ,
           Caressed
           ,
           Magnified
           ,
           and
           recommended
           to
           posterity
           that
           Manuscript
           ,
           called
           the
           Mirror
           of
           Justice
           ,
           and
           some
           other
           Manuscripts
           so
           often
           by
           him
           appealed
           unto
           ,
           and
           vouched
           in
           his
           2.
           part
           .
           of
           the
           Institutis
           ,
           or
           Comment
           upon
           
             Magna
             Charta
          
           :
           In
           which
           Consarcination
           called
           the
           
             Mirror
             of
             Justice
          
           ,
           that
           
             Mirror
             of
             Justice
             ,
             Maker
          
           or
           Deviser
           dreameth
           truly
           to
           have
           recited
           some
           exemplary
           Judgmeets
           ,
           or
           direful
           punishments
           inflicted
           by
           King
           Alured
           ,
           or
           Alfred
           ,
           upon
           44.
           
           Judges
           of
           his
           ;
           times
           for
           supposed
           Errors
           and
           Misdemeanors
           by
           them
           committed
           ,
           And
           hanged
           them
           ,
           who
           with
           great
           probability
           may
           be
           believed
           not
           yet
           to
           have
           been
           hanged
           by
           that
           King
           or
           any
           other
           ,
           for
           that
           if
           any
           such
           remarkable
           things
           or
           Examples
           of
           Justice
           ,
           had
           ever
           been
           done
           by
           him
           ,
           they
           could
           not
           in
           all
           likelihood
           have
           escaped
           our
           old
           Historians
           ,
           
             Symeon
             ,
             Dunelmensis
             ,
             Ailredus
             Abbas
             Rievalensis
             ,
             John
             Brompton
             ,
             William
             Malmesbury
             ,
             Henry
             Huntington
             ,
             Roger
             Hoveden
             ,
             Henry
             Knighton
             ,
             
             Matthew
          
           of
           
             Westminster
             ,
             Ingulphus
          
           ,
           and
           all
           our
           other
           Ancient
           times
           ,
           Remenbrances
           ,
           nor
           would
           have
           been
           unrecorded
           by
           
             Asser
             Menvensis
             ,
          
           ,
           who
           for
           the
           fame
           of
           his
           Learning
           being
           sent
           for
           out
           of
           Wales
           ,
           to
           come
           and
           live
           with
           him
           ,
           was
           preferred
           by
           him
           and
           made
           a
           Bishop
           ,
           and
           residing
           in
           his
           Court
           ,
           Wrote
           his
           life
           and
           recommended
           to
           Posterity
           ,
           his
           most
           memorable
           Actions
           ,
           excellent
           Qualities
           and
           Endowments
           ,
           but
           was
           so
           far
           from
           the
           Registring
           of
           any
           such
           Severeties
           ,
           as
           on
           the
           contrary
           he
           doth
           make
           mention
           of
           the
           extraordinary
           clemency
           and
           lenity
           of
           that
           Virtuous
           Prince
           ,
           who
           although
           he
           was
           a
           most
           diligent
           inquisitor
           of
           any
           male
           administration
           of
           Justice
           by
           his
           Judges
           ;
           yet
           saith
           
             Asser
             Menevensis
             ,
             Leniter
             Advocatos
             aut
             per
             scipsum
             ,
             aut
             per
             alios
             suos
             fideles
             quoslibet
             Interrogabat
             quare
             Ita
             ,
             nequiter
             ,
             Judicassent
             utrum
             per
             ignorantiam
             aut
             propter
             aliam
             malevolentiam
             :
             id
             est
             utrum
             pro
             aliquorum
             amore
             vel
             Timore
             ,
          
           
           
             aut
             aliquorum
             odio
             aut
             etiam
             pro
             alicujus
             pecuniae
             cupiditate
             .
          
           Gently
           calling
           them
           to
           him
           ,
           he
           did
           by
           himself
           or
           others
           whom
           he
           might
           trust
           demand
           of
           them
           :
           Wherefore
           they
           had
           given
           such
           
           Judgments
           ,
           whether
           ignorantly
           or
           for
           any
           ill
           will
           ,
           or
           for
           love
           ,
           fear
           ,
           hatred
           ,
           covetousness
           ,
           or
           love
           of
           Money
           ,
           
             Denique
             si
             illi
             Judices
             profiterentur
             propterea
             se
             talia
             Ita
             :
             Judicasse
             eo
             quod
             nihil
             rectius
             ,
             de
             his
             rebus
             scire
             poterint
             tunc
             ille
             discrete
             ,
             &
             moderanter
             ,
             illorum
             imperitiam
             ,
             &
             insipientiam
             redarguens
             aiebat
             ;
             Ita
             inquiens
             nimirum
             admiror
             vestram
             hanc
             insolentiam
             eo
             quod
             dei
             dono
             &
             meo
             ,
             sapientium
             gradus
             usurpati
             sapientiae
             autem
             studium
             &
             operam
             neglexistis
             .
          
           But
           if
           those
           Judges
           did
           confess
           that
           they
           had
           so
           Judged
           ,
           or
           done
           because
           they
           knew
           no
           better
           ,
           then
           he
           did
           discreetly
           and
           moderately
           shew
           them
           their
           ignorance
           ,
           and
           say
           unto
           them
           ,
           truly
           I
           do
           very
           much
           wonder
           at
           your
           folly
           ;
           for
           that
           by
           Gods
           guist
           and
           mine
           ,
           you
           have
           taken
           upon
           you
           the
           degree
           of
           my
           wise
           men
           and
           Judges
           ,
           but
           the
           study
           of
           the
           Laws
           you
           have
           neglected
           .
           
             Qua
             propter
             aut
             terrenarum
             potestatum
             ministeria
             quae
             habetis
             illico
             ,
             dimittetis
             aut
             sapientiae
             studiis
             multo
             devotius
             docere
             &
             studiatis
             impero
             :
          
           Wherefore
           I
           command
           you
           either
           suddainly
           to
           leave
           your
           places
           ,
           or
           give
           your
           minds
           more
           unto
           study
           .
           
             Quibus
             auditis
             verbis
             perterriti
             veluti
             pro
             
             maxima
             vindicta
             Correcti
             Comites
             &
             praepositi
             ad
             aequitatis
             discendae
             studium
             totis
             viribus
             se
             vertere
             nitebautur
             ,
             ita
             ut
             mirum
             in
             modum
             illiterati
             ab
             infantia
             Comites
             pene
             omnes
             prepositi
             &
             ministri
             litteratoriae
             arti
             studerent
             malentes
             insuetam
             disciplinam
             quam
             laboriose
             ,
             discere
             quam
             potestatum
             ministeria
             dimittere
             .
          
           Whereupon
           they
           viz.
           His
           Earles
           and
           subordinate
           Judges
           ,
           being
           as
           much
           terrified
           as
           if
           they
           had
           been
           actually
           punished
           ,
           did
           wholly
           addict
           themselves
           to
           the
           study
           of
           the
           Laws
           ,
           so
           as
           to
           a
           wonder
           the
           Earles
           and
           Judges
           aforesaid
           ;
           many
           of
           whom
           from
           their
           youth
           were
           ignorant
           and
           illiterate
           ,
           did
           by
           study
           endeavour
           to
           make
           themselves
           more
           able
           ,
           choosing
           rather
           the
           hardship
           thereof
           then
           to
           be
           put
           out
           of
           their
           places
           .
        
         
           And
           the
           names
           of
           those
           Judges
           ,
           which
           were
           said
           to
           have
           been
           hanged
           ,
           do
           if
           there
           were
           any
           such
           very
           much
           favour
           of
           later
           times
           ,
           or
           if
           any
           of
           them
           were
           Earles
           (
           for
           so
           most
           of
           the
           provincial
           Judges
           then
           used
           to
           be
           )
           should
           if
           guilty
           ,
           by
           the
           custome
           of
           this
           and
           other
           Nations
           ,
           unto
           which
           this
           of
           ours
           may
           in
           that
           and
           many
           other
           things
           be
           found
           not
           to
           have
           been
           altogether
           a
           stranger
           ,
           not
           in
           all
           likeilhood
           
           have
           been
           subjected
           to
           so
           vile
           and
           vulgar
           a
           punishment
           ,
           and
           the
           offences
           for
           which
           those
           imaginary
           Judges
           are
           by
           that
           Author
           said
           to
           have
           been
           hanged
           ,
           were
           such
           of
           which
           there
           were
           then
           for
           ought
           appears
           no
           Laws
           ,
           in
           being
           to
           make
           them
           guilty
           of
           the
           breach
           thereof
           .
        
         
           For
           all
           the
           Laws
           of
           King
           Ina
           ,
           which
           have
           come
           unto
           us
           who
           reigned
           here
           in
           the
           year
           of
           our
           Lord
           712.
           and
           next
           preceeded
           King
           Alfred
           ,
           
           and
           most
           of
           the
           Laws
           of
           King
           Alfred
           and
           the
           Saxon
           and
           Danish
           Laws
           of
           their
           several
           Kings
           ,
           which
           reigned
           after
           him
           did
           ordain
           and
           inflict
           their
           punishments
           by
           pecuniary
           mulcts
           with
           relation
           to
           their
           
             Capitis
             estimationes
          
           valuation
           of
           their
           Qualities
           and
           Estates
           ,
           and
           there
           were
           certain
           known
           and
           appointed
           Rates
           for
           the
           redemption
           of
           Lahshlite
           or
           Manbote
           for
           Manslaughter
           ,
           or
           the
           death
           of
           a
           man
           ,
           he
           which
           killed
           a
           Stranger
           forfeited
           2.
           partes
           of
           
             esiimationis
             Capitis
          
           to
           the
           King
           ,
           and
           the
           3.
           part
           to
           the
           Children
           or
           kindred
           of
           the
           party
           slain
           .
           Theft
           was
           punished
           by
           the
           Laws
           of
           King
           Alured
           ,
           who
           reigned
           in
           the
           year
           871.
           
             ratione
             60.
             hidarum
          
           ,
           so
           as
           if
           the
           offender
           had
           
           been
           the
           owner
           of
           60.
           hides
           of
           Land
           he
           which
           stole
           any
           thing
           out
           of
           the
           Church
           was
           to
           pay
           the
           value
           of
           the
           thing
           ,
           
           and
           to
           have
           his
           hand
           cut
           off
           and
           there
           was
           a
           
             Capitis
             estimatio
          
           ,
           for
           a
           Nun
           taken
           by
           force
           out
           of
           a
           Nunnery
           ,
           or
           Killing
           a
           woman
           great
           with
           Child
           ,
           a
           man
           having
           for
           some
           Criminal
           offence
           forfeited
           his
           liberty
           ,
           or
           being
           adjudged
           to
           be
           a
           Slave
           for
           Felony
           was
           not
           to
           be
           hanged
           untill
           the
           2.
           offence
           ,
           
           and
           it
           was
           in
           the
           accusers
           option
           or
           choice
           to
           have
           him
           only
           beaten
           ;
           of
           which
           book
           compiled
           out
           of
           many
           fragments
           ,
           the
           Author
           doth
           not
           seem
           ;
           to
           be
           well
           pleased
           with
           our
           
             Magna
             Charta
          
           ,
           and
           appears
           to
           be
           a
           great
           fault
           finder
           and
           complainer
           of
           the
           abuses
           of
           too
           many
           things
           in
           the
           Laws
           of
           the
           time
           wherein
           he
           lived
           ,
           and
           doth
           not
           well
           agree
           with
           himself
           in
           some
           of
           his
           own
           positions
           :
           as
           where
           he
           saith
           it
           was
           forbidden
           that
           
             none
             should
             be
             distrained
             by
             their
             move
             able
             Goods
             ,
          
           
           
             but
             by
             their
             Bodies
             or
             Fees.
          
           In
           another
           place
           concludeth
           that
           the
           
             Imprisonment
             of
             the
             Body
             of
             a
             man
             is
             an
             offence
             if
             not
             for
             tortious
             Judgments
             .
          
           That
           no
           man
           is
           imprisonable
           for
           Debt
           ,
           and
           none
           to
           be
           utlawed
           if
           not
           for
           mortal
           Felony
           and
           menmentioneth
           
           the
           use
           of
           Justices
           in
           Eire
           when
           Sir.
           
             Henry
             Spelman
          
           saith
           ,
           
           the
           Justices
           Itinerant
           ,
           or
           in
           Eire
           ,
           
           were
           not
           here
           instituted
           untill
           the
           reign
           of
           our
           King
           Henry
           the
           2.
           
        
         
           And
           might
           have
           remembred
           if
           he
           had
           been
           so
           conversant
           ,
           as
           he
           pretended
           with
           King
           Alfreds
           Laws
           ,
           
           that
           Imprisonment
           of
           the
           body
           in
           Civil
           actions
           was
           not
           unusual
           in
           the
           time
           of
           his
           reign
           ;
           For
           that
           by
           one
           of
           his
           Laws
           ,
           if
           a
           man
           had
           given
           a
           pledge
           upon
           oath
           and
           promised
           (
           which
           was
           not
           then
           infrequent
           )
           
             quod
             juste
             &
             legitime
             praestare
             potuisset
             neque
             prestiterit
             arma
             fortunasquae
             ,
             suas
             omnia
             amicorum
             fidei
             concredito
             ipse
             in
             custodiam
             Regiam
             per
             40.
             dies
             mittitor
             subiturus
             supplicii
             quod
             ei
             Episcopus
             pro
             meritis
             imposuerit
             sin
             spatio
             haud
             plene
             confecto
             fugam
             agitarit
             fugientem
             que
             ante
             verterunt
             per
             40
             dies
             in
             Carcerem
             ut
             quidem
             antea
             fieri
             oportuit
             conjicitor
             verum
             si
             fuga
             elapsus
             fuerit
             ab
             omni
             legis
             patrocinio
             destitutus
             habetor
             :
             atque
             in
             omnibus
             Christi
             Ecclesiis
             Anathema
             esto
             .
             Quod
             si
             quisquam
             alius
             pro
             se
             fidem
             dederit
             penas
             fide
             jussonis
             violatae
             dato
             &
             imperatum
             subito
             .
          
           That
           which
           he
           might
           justly
           ,
           perform
           ,
           and
           did
           neglect
           ,
           and
           not
           do
           it
           ,
           his
           armes
           and
           
           all
           his
           Estate
           and
           Fortunes
           should
           be
           sequestred
           into
           the
           hands
           of
           his
           friends
           ,
           and
           himself
           imprisoned
           in
           the
           Kings
           Prison
           ,
           by
           the
           space
           of
           40.
           dayes
           ,
           there
           to
           undergo
           such
           punishment
           as
           the
           Bishop
           according
           to
           his
           desert
           shall
           impose
           upon
           him
           ,
           but
           if
           before
           that
           time
           elapsed
           ,
           he
           shall
           escape
           and
           be
           taken
           again
           ,
           let
           him
           be
           imprisoned
           for
           40.
           dayes
           as
           he
           should
           before
           ,
           And
           if
           he
           shall
           again
           escape
           ,
           then
           let
           him
           be
           out
           of
           the
           protection
           of
           the
           Law
           ,
           and
           excommunicate
           ,
           but
           if
           any
           have
           been
           his
           surety
           let
           him
           pay
           the
           forfeiture
           .
        
      
       
         
         
           CHAP.
           XVI
           .
           That
           the
           late
           incessant
           needless
           complaints
           against
           our
           Laws
           ,
           and
           the
           proceedings
           in
           our
           Courts
           of
           Justice
           ,
           had
           in
           the
           bottom
           of
           it
           a
           design
           of
           overturning
           Monarchy
           and
           Government
           ,
           and
           to
           create
           offices
           places
           and
           employments
           ,
           and
           profits
           to
           ,
           the
           contrivers
           thereof
           ,
           and
           their
           Party
           .
        
         
           BUt
           there
           must
           be
           somthing
           else
           that
           hath
           made
           all
           this
           stirre
           and
           inquietude
           ,
           in
           the
           minds
           of
           those
           Causeless
           kind
           of
           Murmurers
           ,
           and
           hath
           so
           far
           transported
           themselves
           out
           of
           themselves
           ,
           as
           to
           forsake
           the
           reason
           of
           mankind
           ;
           for
           otherwise
           it
           cannot
           easily
           get
           admittance
           into
           any
           mans
           apprehension
           and
           belief
           :
           That
           Land-Souldiers
           ,
           Seamen
           ,
           Mariners
           ,
           Merchants
           ,
           Mechanicks
           and
           ,
           some
           Tradesmen
           for
           of
           some
           of
           every
           of
           those
           sorts
           were
           too
           many
           ,
           of
           our
           late
           Church
           and
           State
           ,
           and
           
             Law
             reformers
          
           composed
           ,
           should
           if
           they
           would
           
           not
           be
           at
           leasure
           to
           consider
           that
           publique
           utility
           and
           neeessity
           ,
           do
           in
           many
           Cases
           both
           by
           the
           Laws
           of
           God
           Nature
           and
           Nations
           ,
           sometimes
           Curbe
           restrain
           lessen
           or
           take
           away
           the
           free
           use
           of
           properties
           ,
           so
           patiently
           and
           willingly
           without
           any
           mutining
           endure
           the
           rigorous
           penalties
           ,
           forfeitures
           and
           severities
           of
           the
           Laws
           of
           War
           and
           Navigation
           ,
           and
           the
           arbitrary
           exactions
           and
           impositions
           of
           their
           Companies
           ,
           and
           Governours
           of
           Trade
           ;
           And
           not
           at
           all
           reare
           the
           cry
           of
           Oppression
           and
           Invasion
           of
           their
           Liberties
           ,
           and
           yet
           so
           kick
           and
           wince
           at
           the
           legal
           and
           far
           more
           easie
           Rules
           of
           Justice
           ,
           and
           may
           therefore
           require
           some
           search
           to
           be
           made
           for
           the
           fountain
           and
           rise
           of
           that
           popular
           Frenzy
           and
           distemper
           ,
           and
           that
           so
           much
           mistaken
           late
           outcry
           against
           the
           Writts
           ,
           and
           Process
           of
           Arrest
           ,
           and
           Outlawry
           ,
           when
           the
           arguments
           which
           are
           framed
           and
           brought
           by
           that
           vulgar
           and
           leveling
           race
           of
           people
           ,
           do
           abundantly
           declare
           that
           they
           have
           not
           much
           troubled
           themselves
           with
           the
           reading
           and
           true
           understanding
           of
           those
           Laws
           ,
           which
           they
           do
           so
           labour
           to
           scandelize
           ,
           and
           the
           Records
           
           of
           the
           nation
           who
           do
           bear
           witness
           of
           them
           .
        
         
           In
           the
           Inquest
           whereof
           the
           late
           pious
           Martyr
           King
           Charles
           ,
           hath
           pointed
           out
           the
           way
           unto
           a
           more
           full
           discovery
           of
           their
           designes
           ,
           when
           he
           did
           foresee
           it
           ,
           as
           in
           a
           Declaration
           published
           for
           the
           better
           satisfaction
           of
           his
           people
           ,
           in
           December
           1641.
           
           After
           that
           the
           house
           of
           Commons
           had
           made
           their
           aforesaid
           unhappy
           Remonstrance
           ,
           he
           did
           not
           omit
           to
           give
           them
           to
           understand
           that
           he
           feared
           that
           
             a
             malignant
             party
             in
             that
             house
             did
             go
             about
             by
             discountenancing
             the
             present
             Laws
             ,
          
           
           
             to
             loosen
             the
             bonds
             of
             government
             ;
             to
             the
             end
             ,
             that
             all
             disorder
             and
             confusion
             might
             breake
             in
             upon
             him
             .
          
        
         
           And
           in
           his
           answer
           to
           the
           above
           mentioned
           19.
           propositions
           sent
           unto
           him
           by
           both
           houses
           of
           Parliament
           the
           2.
           of
           
             June
             1642.
          
           
           Declared
           unto
           them
           
             that
             those
             that
             had
             the
             conduct
             of
             that
             affair
             ,
          
           
           
             thought
             fit
             to
             remove
             a
             troublesome
             rub
             out
             of
             their
             way
             ,
          
           viz.
           
             (
             the
             Law
             )
             to
             the
             end
             they
             might
             undermine
             the
             very
             foundation
             of
             it
             .
          
        
         
           Which
           every
           day
           after
           grew
           more
           and
           more
           visible
           ,
           when
           they
           being
           called
           together
           
           to
           council
           and
           advise
           him
           ,
           could
           not
           by
           their
           Votes
           ,
           which
           they
           would
           make
           as
           binding
           and
           obligatory
           ,
           as
           if
           they
           were
           Laws
           made
           and
           established
           by
           their
           Soveraign
           ,
           wrest
           and
           take
           from
           him
           the
           Militia
           ,
           or
           Sword
           wherewith
           he
           should
           protect
           and
           defend
           his
           people
           ;
           took
           it
           to
           be
           not
           a
           little
           advantagious
           to
           their
           purposes
           ,
           to
           ravel
           and
           dislocate
           the
           method
           and
           proceedings
           of
           his
           Laws
           and
           Justice
           ;
           
             By
             which
             his
             Throne
             was
             established
             ,
          
           that
           by
           overturning
           the
           long
           approved
           Laws
           and
           Customs
           of
           the
           Kingdom
           ,
           upon
           which
           the
           best
           Monarchy
           in
           the
           World
           was
           built
           ,
           they
           might
           open
           a
           passage
           to
           let
           in
           that
           gain
           and
           Anarchy
           which
           they
           aimed
           at
           ,
           which
           being
           once
           made
           known
           to
           their
           Emissaries
           ,
           and
           so
           much
           encouragement
           given
           by
           their
           members
           of
           that
           which
           was
           then
           untruly
           called
           a
           Parliament
           ,
           who
           rather
           then
           fail
           of
           Petitions
           unto
           them
           from
           the
           sons
           of
           Zerviah
           and
           Shimei
           out
           of
           every
           Countrey
           ,
           City
           ,
           Corporation
           ,
           and
           Market
           Town
           ,
           caused
           Printed
           Bills
           to
           be
           affixed
           upon
           the
           Posts
           and
           Corners
           of
           the
           Streets
           in
           London
           ,
           whose
           multitudes
           of
           Inhabitants
           
           in
           Masters
           ,
           Apprentizes
           ,
           Tapsters
           ,
           and
           other
           Illiterate
           and
           Vulgar
           kind
           of
           people
           could
           readily
           afford
           them
           good
           store
           of
           such
           ,
           as
           had
           been
           borne
           or
           lived
           in
           every
           County
           ,
           City
           ,
           and
           Corporation
           of
           England
           and
           Wales
           ,
           to
           give
           a
           meeting
           at
           a
           place
           appointed
           to
           some
           Members
           of
           Parliament
           ,
           for
           the
           framing
           of
           Petitions
           unto
           it
           ;
           And
           thus
           the
           Hounds
           being
           uncoupled
           and
           let
           loose
           to
           chase
           the
           Royal
           Hart
           ,
           and
           the
           Presbyterian
           Ministers
           like
           Huntsmen
           busied
           in
           the
           ha
           loo
           ,
           lo
           ho
           ,
           ha
           loo
           loo
           ,
           so
           ho.
           Whooping
           and
           following
           to
           cheer
           and
           set
           them
           on
           ,
           and
           busying
           themselves
           to
           remove
           all
           things
           that
           might
           hinder
           the
           pursuit
           of
           their
           Petitions
           ,
           for
           the
           presenting
           whereof
           Pulpit
           Granado
           men
           were
           employed
           to
           procure
           them
           to
           be
           brought
           with
           100
           or
           200
           or
           more
           of
           the
           factious
           on
           Horseback
           ,
           with
           the
           Petitions
           ready
           printed
           ,
           or
           Tackt
           to
           their
           Hats
           or
           Hatbands
           ,
           with
           Swords
           by
           their
           sides
           :
           The
           London
           Porterswere
           set
           on
           to
           Petition
           against
           the
           Militia
           ,
           when
           they
           were
           only
           told
           it
           was
           against
           the
           Watermen
           for
           carrying
           Trunks
           and
           other
           Burdens
           by
           Water
           .
           And
           a
           Schoolmaster
           at
           Stamford
           ,
           was
           
           so
           wickedly
           Ingenious
           as
           to
           make
           his
           Boyes
           subscribe
           a
           Petition
           to
           that
           Parliament
           against
           Episcopacy
           ▪
           as
           if
           their
           Parents
           had
           actually
           done
           it
           .
        
         
           In
           the
           mean
           time
           ,
           the
           Diurnals
           ,
           News
           Books
           ,
           and
           seditious
           Pamphlets
           the
           Stationers
           :
           Arrowes
           and
           Artillery
           were
           day
           by
           day
           shot
           to
           wound
           him
           ,
           and
           incense
           the
           people
           against
           him
           ;
           and
           some
           of
           the
           Parliament
           men
           were
           heard
           to
           say
           ,
           
             That
             they
             could
             not
             do
             their
             work
             without
             them
          
           ;
           And
           the
           design
           was
           carried
           on
           so
           prosperously
           ,
           as
           too
           many
           thought
           their
           time
           best
           of
           all
           bestowed
           ,
           to
           pull
           down
           or
           take
           in
           pieces
           either
           all
           our
           old
           Laws
           ,
           or
           such
           a
           part
           of
           them
           ,
           as
           might
           not
           only
           undermine
           the
           frame
           and
           constitution
           of
           the
           Monarchy
           ,
           but
           innovate
           and
           introduce
           so
           much
           of
           their
           own
           Modells
           and
           Inventions
           ,
           as
           might
           either
           directly
           lead
           to
           a
           republique
           ,
           or
           some
           new
           devices
           of
           Anarchy
           .
        
         
           
             A
             Book
             called
             the
             pollution
             of
             University
             Learning
             ,
             printed
             in
             1642.
             
             Marched
             in
             the
             van
             ,
             together
             with
             another
             Book
             called
             the
          
           Observator
           
             and
             his
             Jesuitical
             principles
          
           ,
           Quod
           efficit
           tale
           est
           magis
           tale
           ,
           
             and
             that
             
             the
             King
             was
          
           singulis
           Major
           ,
           but
           universis
           Minor
           ,
           
             and
             those
             kind
             of
             Engines
             ,
             were
             greatly
             incouraged
             in
             their
             attempts
             by
             a
             Book
             ;
             of
          
           Junius
           Brutus
           ,
           his
           vindiciae
           contra
           Tirannos
           ,
           
             translated
             out
             of
          
           Latine
           into
           English
           ,
           
             to
             infect
             the
             people
             with
             Treasonable
             Doctrines
             .
             And
             a
             Book
             intituled
          
           Maxims
           Vnfolded
           ,
           
             That
             the
             Election
             of
             the
             Kings
             of
          
           England
           ;
           ought
           to
           be
           by
           the
           consent
           of
           the
           people
           .
           The
           Royal
           and
           politique
           power
           in
           all
           Causes
           ,
           and
           over
           all
           persons
           ,
           is
           properly
           the
           Parliament
           The
           Oath
           of
           Supremacy
           ,
           binds
           not
           in
           Conscience
           to
           the
           King
           against
           the
           Parliament
           ,
           but
           the
           Pope
           :
           
             And
             another
             book
             written
             by
             Mr.
          
           William
           Prynn
           ,
           
           an
           utter
           Barrister
           of
           Lincolnes
           Inne
           ;
           
             Entituled
             the
          
           Soveraigne
           power
           of
           Parliaments
           and
           Kingdoms
           ,
           
             Printed
             at
          
           London
           
             in
             the
             year
             1643.
             
             Wherein
             with
             heaped
             quotations
             ,
             and
             much
             Learning
             ,
             and
             reading
             the
             wrong
             way
             ,
             he
             was
             willing
             to
             invite
             his
             Readers
             to
             believe
             that
             the
          
           Court
           of
           Parliament
           had
           a
           lawful
           power
           to
           question
           the
           Kings
           Patents
           ,
           Charters
           ,
           Commissions
           ,
           Proclamations
           ,
           Grants
           ,
           Warrants
           ,
           Writts
           ,
           and
           Commandments
           ,
           whether
           they
           be
           legal
           ,
           and
           
           to
           Cancell
           and
           repeale
           them
           that
           be
           illegal
           or
           mischievous
           and
           onerous
           to
           the
           subject
           ,
           not
           only
           without
           but
           against
           his
           consent
           .
           It
           is
           lawful
           for
           the
           people
           submitting
           themselves
           to
           prescribe
           the
           King
           and
           his
           successors
           ,
           what
           Laws
           they
           please
           ;
           the
           Sheriffs
           of
           every
           County
           were
           antiently
           elected
           by
           the
           Freeholders
           ,
           and
           had
           power
           to
           raise
           the
           Militia
           ,
           that
           the
           Navy
           ,
           Ammunition
           ,
           Armes
           ,
           and
           Revenue
           of
           the
           King
           ,
           though
           they
           be
           in
           his
           possession
           ,
           are
           the
           Kingdoms
           ;
           That
           Kings
           and
           their
           great
           Officers
           ,
           Counsellors
           ,
           and
           Justices
           ,
           were
           at
           the
           first
           created
           and
           elected
           by
           the
           people
           ,
           that
           the
           King
           hath
           an
           absolute
           Negative
           voice
           in
           the
           passing
           of
           Bills
           of
           common
           right
           and
           Justice
           for
           the
           publique
           good
           ,
           that
           the
           Parliaments
           present
           necessary
           defensive
           war
           is
           just
           and
           lawfull
           ,
           both
           in
           point
           of
           Law
           ,
           Divinity
           and
           Conscience
           ,
           and
           no
           Treason
           or
           Rebellion
           :
           the
           Parliament
           hath
           a
           right
           and
           Jurisdiction
           to
           impose
           Taxes
           and
           Contributions
           upon
           the
           subjects
           ,
           for
           defence
           of
           the
           King
           in
           case
           of
           the
           King
           his
           wilfull
           absence
           ,
           or
           Arming
           against
           them
           .
           
             Seconded
             by
             a
             Book
             entituled
          
           Lex
           Rex
           ,
           
             written
             as
             believed
             by
             one
          
           Rutherford
           
             a
             Scottish
             Divine
             ,
             Printed
             at
          
           London
           
           by
           John
           Field
           ,
           
             and
             published
             in
             the
             year
             1644.
             
             By
             the
             then
             usurped
             authority
             ,
             wherein
             he
             falsly
             endeavoured
             to
             maintaine
             against
             all
             the
             grounds
             and
             fundamentals
             of
             Law
             and
             Religion
             :
          
           That
           Kings
           and
           their
           Families
           have
           no
           calling
           to
           the
           Crown
           ;
           but
           only
           by
           the
           people
           ,
           Royalty
           is
           not
           transmitted
           from
           Father
           to
           Son
           ,
           
           if
           the
           people
           may
           limit
           the
           King
           ,
           they
           give
           him
           the
           power
           ,
           who
           is
           the
           servant
           of
           the
           people
           ,
           both
           objectively
           and
           subjectively
           ,
           and
           is
           inferiour
           unto
           them
           ;
           who
           cannot
           make
           away
           their
           power
           ,
           but
           do
           retain
           the
           fountain
           power
           of
           making
           a
           King
           ,
           that
           to
           swear
           non
           self
           preservation
           ,
           and
           to
           swear
           self
           Murther
           ,
           is
           all
           one
           :
           The
           King
           is
           a
           Fiduciary
           Life-Renter
           ,
           not
           a
           Lord
           or
           Heritor
           ,
           the
           conscience
           of
           the
           people
           is
           immediately
           subordinate
           to
           God
           ,
           not
           to
           the
           King
           mediatly
           or
           immediately
           ,
           the
           Judges
           are
           the
           immediate
           Vicars
           of
           God
           ,
           not
           of
           the
           King
           ;
           The
           Parliament
           hath
           more
           power
           then
           the
           King
           ,
           The
           Crown
           is
           the
           Patrimony
           of
           the
           Kingdom
           ,
           not
           of
           him
           who
           is
           King
           or
           of
           his
           Father
           :
           The
           Parliament
           are
           not
           Judges
           by
           derivation
           from
           the
           King
           :
           Who
           cannot
           make
           or
           unmake
           Judges
           Inferior
           Judges
           ,
           are
           
           more
           necessary
           than
           a
           King
           :
           Parliaments
           may
           conveen
           and
           Judge
           without
           a
           King
           :
           Are
           co-ordinate
           Judges
           with
           him
           ,
           not
           advisers
           only
           .
           Subordination
           of
           the
           King
           to
           the
           Parliament
           ,
           and
           Co-ordination
           are
           both
           consistent
           :
           The
           King
           transgressing
           in
           a
           hainous
           manner
           ,
           is
           under
           the
           coaction
           of
           Law
           :
           Defensive
           Wars
           are
           lawful
           :
           And
           there
           may
           be
           a
           distinction
           betwixt
           the
           Kings
           person
           and
           his
           Royal
           power
           .
           The
           Physical
           act
           of
           taking
           away
           the
           life
           of
           offending
           persons
           ,
           when
           commanded
           by
           the
           Law
           of
           self-defence
           is
           no
           Murther
           .
           Wars
           raised
           by
           the
           Subjects
           and
           Estates
           for
           their
           own
           just
           defence
           ,
           against
           the
           Kings
           bloody
           Emissaries
           are
           lawfull
           :
           Parliament
           power
           ,
           is
           a
           fountain
           power
           above
           the
           King
           :
           Who
           is
           but
           a
           noble
           Vassal
           of
           the
           Kingdom
           :
           Is
           not
           head
           of
           the
           Church
           .
           The
           people
           in
           some
           Cases
           may
           convene
           without
           the
           King
           :
           Subsidies
           are
           the
           Kingdoms
           due
           rather
           then
           the
           Kings
           .
        
         
           And
           thus
           provided
           ,
           and
           the
           scaling
           ladders
           made
           ready
           to
           storm
           the
           Laws
           ,
           which
           were
           the
           Forts
           and
           Bulwarks
           of
           the
           King
           and
           Government
           ,
           and
           heretofore
           made
           it
           their
           business
           to
           give
           help
           or
           shelter
           to
           the
           King
           ,
           the
           Deformers
           rather
           then
           Reformers
           ,
           do
           hasten
           
           one
           another
           to
           be
           up
           and
           doing
           .
           And
           therefore
           in
           a
           Pamphlet
           entituled
           
             Liberty
             vindicated
             against
             Slavery
          
           .
           Printed
           in
           the
           year
           1645.
           the
           Author
           declared
           that
           
             Imprisonment
             for
             Debts
             ,
             is
             against
             the
             foundamental
             Laws
             of
          
           England
           .
           Propositions
           were
           shortly
           after
           made
           unto
           that
           company
           of
           
             Monarchy
             underminers
          
           ,
           called
           the
           Parliament
           for
           the
           laying
           aside
           the
           
             six
             Clarks
             in
             Chancery
             ,
             and
             the
             imploying
             their
             under
             Clarks
             at
             Cheaper
             Rates
             .
          
        
         
           In
           the
           year
           1646.
           
           Mr.
           
             John
             Cooke
          
           of
           
             Grayes
             Inne
          
           ,
           who
           sufficiently
           deserved
           to
           be
           hanged
           ,
           drawn
           ,
           and
           quartered
           ,
           as
           he
           was
           afterwards
           as
           a
           Traytor
           ,
           in
           a
           Book
           dedicated
           to
           the
           most
           high
           and
           most
           honourable
           Court
           of
           Parliament
           ,
           the
           supreme
           as
           he
           calls
           it
           Judicatory
           of
           the
           Kingdom
           ,
           saith
           that
           the
           
             alteration
             of
             fundamental
             Laws
          
           ,
           as
           Sir
           
             Edward
             Coke
          
           saith
           ,
           
             produces
             many
             inconveniencies
             ,
             as
             in
             that
             statute
             of
             imprisoning
             mens
             bodies
             for
             Debt
             .
          
           And
           there
           must
           needs
           be
           good
           work
           in
           that
           their
           sport
           of
           pulling
           down
           and
           setting
           up
           ,
           when
           it
           hath
           been
           as
           truly
           said
           as
           verified
           ,
           that
           the
           Kings
           Parliament
           began
           in
           1640.
           and
           continued
           
           with
           some
           freedom
           of
           Votes
           ,
           untill
           December
           1641.
           
           From
           thence
           it
           was
           governed
           by
           the
           City
           of
           London
           and
           their
           Tumults
           ,
           Propositions
           ,
           and
           Petitions
           ,
           unto
           December
           1643.
           
           And
           from
           thence
           by
           the
           Scots
           and
           their
           rebellious
           
             League
             and
             Covenant
          
           ,
           unto
           the
           Month
           of
           June
           1647.
           
           When
           the
           Presbyterians
           had
           the
           ascendant
           and
           predominancy
           ,
           and
           that
           was
           not
           unjustly
           called
           the
           
             Apprentises
             Parliament
          
           ;
           And
           after
           that
           Sir
           
             Thomas
             Fairfax
          
           his
           Parliament
           ,
           which
           was
           governed
           by
           his
           Army
           ,
           and
           their
           Addresses
           ,
           Declarations
           ,
           and
           Proposals
           ,
           wherein
           the
           Independant
           party
           were
           Superior
           ,
           and
           ought
           to
           be
           called
           the
           
             Agitators
             Parliament
          
           .
        
         
           The
           King
           in
           the
           mean
           time
           ,
           in
           his
           great
           desire
           of
           peace
           with
           those
           whose
           wicked
           designes
           never
           intended
           it
           ,
           not
           making
           that
           right
           use
           which
           he
           otherwise
           might
           have
           done
           ,
           of
           the
           successes
           which
           God
           had
           given
           him
           in
           the
           just
           defence
           of
           himself
           and
           his
           Loyal
           Subjects
           ,
           and
           the
           Laws
           ,
           Liberties
           ,
           and
           Religion
           of
           his
           People
           ,
           tired
           with
           the
           treachery
           of
           those
           that
           too
           often
           betrayed
           ,
           and
           sold
           his
           just
           advantages
           ,
           and
           
           overpowered
           with
           an
           Army
           of
           Covenanting
           Scots
           ,
           who
           came
           to
           assist
           their
           brother
           Rebells
           of
           England
           ,
           and
           believing
           himself
           to
           be
           somthing
           safe
           in
           their
           Oaths
           and
           Promises
           ,
           and
           flying
           to
           them
           for
           Succour
           ,
           was
           by
           a
           party
           of
           them
           contrary
           to
           the
           Laws
           of
           God
           and
           Nations
           ,
           sold
           to
           the
           English
           Rebells
           ,
           for
           
             two
             hundred
             thousand
             Pounds
          
           Sterling
           ,
           Too
           great
           a
           summe
           of
           Money
           to
           be
           restored
           again
           ,
           as
           Judas
           did
           the
           thirty
           pence
           ,
           the
           wages
           of
           his
           sin
           for
           the
           betraying
           of
           our
           Lord
           and
           Saviour
           ,
           and
           by
           tricks
           and
           devices
           carried
           Prisoner
           from
           place
           to
           place
           ,
           untill
           he
           was
           barbarously
           Murthered
           .
           And
           the
           Heire
           and
           Royal
           Issue
           driven
           out
           of
           their
           Inheritance
           ,
           and
           then
           every
           Mechanick
           head
           was
           set
           on
           worke
           to
           frame
           a
           new
           Government
           ,
           in
           which
           there
           were
           as
           many
           diversities
           of
           opinions
           ,
           as
           there
           were
           Ignorances
           and
           Sinister
           ends
           ,
           to
           advance
           their
           particular
           ambitions
           or
           advantages
           ,
           and
           a
           mart
           being
           kept
           of
           Whimsies
           ,
           some
           being
           much
           in
           love
           with
           the
           Balletting
           box
           used
           at
           Venice
           ,
           others
           with
           the
           Rota
           and
           Mr.
           
             Harringtons
             Oceana
          
           ,
           and
           all
           or
           too
           many
           thus
           
           busied
           ,
           Sedition
           and
           Ignorance
           sat
           in
           their
           Triumphal
           Chariots
           with
           the
           Laws
           ▪
           Learning
           and
           Religion
           of
           the
           Nation
           like
           so
           many
           Captive
           Kings
           in
           Chains
           attending
           ,
           all
           which
           did
           not
           fully
           correspond
           with
           the
           Votes
           and
           expectation
           of
           the
           Presbyterians
           ,
           when
           as
           Cromwell
           the
           g●●at
           Encourager
           of
           the
           Independents
           or
           Fanatick
           party
           ,
           then
           the
           more
           numerous
           ,
           feeling
           his
           own
           strength
           and
           having
           a
           prospect
           of
           a
           better
           design
           of
           establishing
           himself
           ,
           did
           so
           delay
           and
           trifle
           with
           the
           Parliament
           his
           Masters
           in
           their
           desires
           of
           disbanding
           the
           Armies
           ,
           as
           the
           Presbyterian
           Souldiers
           in
           the
           mean
           time
           selling
           their
           Debenturs
           ,
           the
           wages
           of
           their
           Rebellion
           and
           wickedness
           ,
           at
           16
           d.
           or
           18
           d.
           a
           pound
           ,
           with
           a
           long
           Interest
           ,
           to
           the
           Independents
           ,
           who
           were
           thereby
           easily
           enabled
           to
           buy
           King
           ,
           Queen
           and
           Princes
           ,
           the
           Bishops
           ,
           and
           Dean
           and
           Chapters
           ,
           Nobility
           and
           Delinquents
           Lands
           ,
           as
           they
           mis-called
           them
           ;
           and
           that
           party
           being
           so
           well
           gratified
           ,
           were
           not
           afterwards
           unwilling
           to
           Lacquey
           after
           his
           hypocrisie
           ,
           and
           permit
           him
           to
           frame
           and
           make
           his
           own
           Instrument
           and
           method
           of
           a
           more
           arbitrary
           Government
           then
           our
           Laws
           
           permitted
           ,
           or
           any
           of
           our
           Kings
           or
           Princes
           exercised
           ,
           and
           to
           be
           as
           a
           single
           person
           Protector
           of
           all
           the
           Knaves
           and
           Fools
           in
           
             England
             ,
             Scotland
             ,
             Ireland
          
           and
           Wales
           ,
           withall
           their
           fancied
           and
           supposed
           Liberties
           ,
           which
           as
           they
           used
           them
           were
           but
           to
           hunt
           and
           chase
           all
           that
           were
           loyal
           and
           honest
           ,
           and
           thought
           they
           might
           do
           any
           thing
           to
           the
           
             Amorites
             ,
             Moab
          
           and
           Amalek
           ,
           and
           that
           all
           the
           Scripture
           was
           contained
           in
           Gain
           ,
           being
           [
           as
           they
           supposed
           ]
           Sanctified
           into
           a
           pretence
           and
           outward
           semblance
           of
           Godliness
           .
        
         
           In
           the
           later
           end
           of
           the
           year
           1648.
           some
           thousands
           of
           Well-affected
           ,
           as
           their
           Sedition
           perswaded
           them
           ,
           inhabiting
           the
           Cities
           of
           London
           and
           Westminster
           ,
           Borough
           of
           Southwark
           ,
           and
           Hamlets
           ,
           supposing
           the
           Time
           to
           smile
           upon
           their
           purposes
           ,
           did
           Petition
           that
           which
           when
           the
           King
           was
           murthered
           was
           no
           Parliament
           ,
           that
           they
           would
           consider
           the
           many
           thousands
           that
           were
           ruined
           by
           perpetual
           imprisonment
           for
           Debt
           ,
           and
           provide
           for
           their
           enlargement
           .
        
         
           
             In
             the
             year
             1649.
             one
          
           Thomas
           Faldoe
           of
           Grays-Inne
           
             
               Esq
            
             was
             so
             loth
             to
             have
             his
             Conceipts
             and
             Opinions
             lag
             behind
             ,
             as
             in
             a
             
             Pamphlet
             entituled
             ,
          
           Reformation
           of
           Proceedings
           at
           Law
           ,
           
             published
             on
             the
             behalf
             of
             himself
             and
             the
             Commonwealth
             of
          
           England
           ,
           
             he
             complained
             ,
             That
          
           the
           Law
           of
           Property
           was
           depressed
           and
           useless
           ,
           by
           the
           colour
           of
           the
           Statute
           of
           Imprisonment
           ,
           and
           sacrificed
           to
           all
           the
           Birds
           of
           prey
           ,
           even
           to
           Covetousness
           the
           mother
           of
           Cruelty
           ,
           in
           the
           several
           Offices
           and
           Instruments
           of
           Justice
           .
        
         
           
             And
             in
             the
             same
             year
             came
             out
             a
             Representation
             of
             divers
             as
             they
             called
             themselves
             Well-affected
             persons
             in
             or
             about
             the
             City
             of
          
           London
           ,
           
             petitioning
             the
             Parliament
             ,
             That
          
           all
           tenures
           in
           Capite
           ,
           and
           all
           inferiour
           Jurisdictions
           ,
           being
           great
           grievances
           and
           oppressions
           ,
           might
           be
           taken
           away
           ,
           the
           Laws
           translated
           into
           English
           ,
           the
           Six
           Clarks
           ,
           Head
           Registers
           ,
           Masters
           of
           Chancery
           ,
           and
           the
           Petty-bag
           ,
           Affidavit
           Office
           ,
           Prothonotaries
           ,
           and
           all
           other
           grand
           Monopolies
           and
           Patentees
           ,
           might
           be
           abolished
           ,
           no
           mans
           life
           taken
           away
           for
           Felony
           ,
           unless
           accompanied
           with
           Murther
           ;
           that
           the
           eldest
           Sons
           in
           every
           Family
           might
           have
           a
           double
           Portion
           in
           the
           Fathers
           Estate
           ,
           and
           the
           rest
           be
           divided
           amongst
           the
           younger
           Children
           ;
           that
           no
           Fines
           be
           paid
           to
           any
           Cursitor
           ,
           or
           upon
           any
           Original
           Writ
           ,
           
           but
           may
           be
           quite
           abolished
           ;
           that
           no
           mans
           person
           might
           be
           imprisoned
           for
           Debt
           ,
           but
           his
           Estate
           made
           liable
           to
           satisfie
           the
           same
           :
           it
           being
           more
           suitable
           to
           the
           Turkish
           or
           Heathenish
           practice
           ,
           then
           to
           Christian
           English
           Professors
           of
           the
           Gospel
           ,
           to
           rack
           and
           grind
           the
           bodies
           of
           men
           in
           prison
           .
        
         
           
             At
             the
             heels
             whereof
             was
             brought
             to
             that
          
           Assembly
           at
           Westminster
           ,
           
             (
             who
             named
             themselves
             a
          
           Parliament
           ,
           
             and
             to
             cherish
             such
             doings
             seldom
             failed
             by
             their
             Speaker
             to
             give
             thanks
             in
             the
             name
             of
             the
             House
             to
             all
             Petition
             and
             Declaration-drivers
             )
             a
             Petition
             of
             the
             Well-affected
             in
             the
             County
             of
          
           Buckingham
           ,
           
             said
             to
             be
             a
             Representation
             of
             the
             middle
             sort
             of
             men
             within
             the
             three
          
           Chilterne
           
             Hundreds
             of
          
           Disborough
           ,
           Burnam
           and
           Stoke
           ,
           
             and
             part
             of
          
           Alesbury
           
             Hundred
             ,
             declaring
          
           ,
           That
           they
           had
           waited
           eight
           years
           in
           the
           pursuance
           of
           their
           just
           Rights
           and
           Freedom
           ,
           with
           which
           God
           had
           invested
           them
           and
           the
           whole
           Nation
           ,
           kept
           from
           them
           by
           Arbitrary
           power
           and
           Tyrannical
           factors
           of
           the
           Nobility
           ,
           Courtiers
           ,
           Episcopal
           Priests
           ,
           cheating
           Lawyers
           ,
           Impropriators
           ,
           Patentee
           men
           ,
           Lords
           of
           Mannors
           ,
           and
           all
           illegal
           Courts
           ,
           and
           other
           diabolilical
           
           interessed
           parties
           ,
           and
           desire
           that
           all
           Licences
           ,
           Commissions
           ,
           &c.
           and
           Grants
           from
           the
           late
           King
           ,
           whose
           first
           predecessor
           was
           that
           Outlandish
           Bastard
           
             William
             the
             Conqueror
          
           ,
           from
           whence
           proceeded
           the
           original
           of
           all
           their
           slavery
           both
           in
           Tenures
           ,
           Laws
           ,
           Terms
           ,
           Customs
           ,
           &c.
           in
           an
           Outlandish
           tongue
           ,
           the
           Lawyers
           being
           the
           chief
           Instruments
           of
           their
           misery
           ,
           might
           be
           abolished
           ;
           and
           protesting
           against
           all
           arbitrary
           Laws
           ,
           Terms
           ,
           Lawyers
           ,
           Impripriators
           ,
           Lords
           of
           Manors
           ,
           Priviledges
           ,
           Customs
           ,
           Tolls
           ,
           Tithes
           ,
           going
           to
           the
           Terms
           at
           Westminster
           ,
           payment
           of
           Heriots
           ,
           Quit-Rents
           ,
           Head-Silver
           ,
           Lawyers
           Fees
           ,
           and
           the
           whole
           Norman
           power
           ,
           being
           a
           burden
           too
           intollerable
           to
           bear
           ;
           did
           invite
           all
           men
           to
           enter
           upon
           Commons
           ,
           and
           cut
           and
           fell
           the
           Wood
           growing
           thereon
           ,
           and
           desired
           
             (
             which
             they
             would
             not
             be
             willing
             to
             do
             if
             they
             had
             been
             Lords
             of
             Manors
             ,
             and
             other
             the
             parties
             struck
             at
             )
          
           to
           go
           by
           the
           golden
           rule
           of
           Equity
           ,
           viz.
           to
           do
           as
           they
           would
           be
           done
           by
           ,
           not
           to
           tyrannize
           over
           any
           ,
           or
           to
           be
           tyrannized
           over
           .
        
         
           Another
           Pamphleteer
           feared
           he
           should
           be
           taken
           to
           be
           ill
           affected
           to
           the
           babe
           of
           Sedition
           ,
           if
           he
           also
           should
           not
           be
           doing
           
           somewhat
           ,
           in
           a
           
             Modest
             Plea
          
           as
           he
           terms
           it
           ,
           dedicated
           to
           the
           High
           Court
           of
           Parliament
           ,
           which
           he
           would
           have
           to
           be
           the
           Supreme
           Authority
           of
           the
           Nations
           ,
           prayed
           ,
           
             that
             there
             might
             be
             an
             equal
             Commonwealth
             against
             Monarchy
          
           ;
           wherein
           there
           is
           a
           Lift
           against
           the
           
             Vniversities
             ,
             Colledge
             Lands
             ,
             Tenures
             ,
             Hereditary
             Nobility
             ,
             Church
             Revenues
             ,
             Churches
          
           and
           
             Bells
             ,
             Mercenary
             Lawyers
          
           and
           Tithes
           ,
           with
           an
           Apology
           for
           
             Younger
             Brothers
          
           ,
           and
           desires
           a
           restitution
           of
           the
           Tenures
           in
           Gavelkind
           .
        
         
           In
           the
           same
           year
           ,
           the
           Lord
           General
           Fairfax
           ,
           Lieutenant
           General
           Cromwell
           ,
           the
           Lord
           Mayor
           of
           London
           ,
           Colonel
           Harrison
           ,
           Mr.
           
             Francis
             Allin
          
           ,
           Colonel
           Martin
           ,
           and
           others
           ,
           were
           impowred
           to
           place
           and
           displace
           any
           Judges
           of
           the
           Courts
           at
           Westminster
           ,
           and
           
             all
             Officers
             thereunto
             belonging
             ,
             and
             all
             Sheriffs
             and
             Justices
             of
             Peace
             .
          
        
         
           Mr.
           John
           Hare
           
             being
             unwilling
             to
             stay
             behind
             such
             Company
             ,
             in
             a
             Pamphlet
             sent
             out
             upon
             that
             design
             ,
             desired
             ,
             that
          
           the
           Norman
           yoke
           might
           be
           taken
           off
           ;
           
             and
             saith
             ,
             that
          
           the
           Norman
           Innovations
           are
           destructive
           to
           
           the
           honour
           ,
           freedom
           ,
           and
           other
           unquestionable
           Rights
           of
           the
           Nation
           .
        
         
           
             In
             the
             same
             year
             ,
             the
             Officers
             and
             Souldiers
             in
             the
             Regiments
             of
             Colonel
          
           Scroope
           ,
           Sanders
           and
           Walton
           ,
           
             and
             the
             Souldiers
             in
             the
             Garrisons
             of
          
           Arundel
           ,
           Rye
           and
           Chichester
           ,
           
             did
             petition
             the
             Lord
             General
          
           Fairfax
           ,
           that
           the
           abuses
           in
           the
           Courts
           of
           Justice
           be
           reformed
           ,
           that
           there
           be
           a
           Registring
           of
           Deeds
           and
           Contracts
           ,
           Tithes
           abolished
           ,
           Six
           Clarks
           in
           Chancery
           taken
           away
           ,
           and
           their
           Clarks
           sworn
           Attornies
           .
        
         
           Mr.
           Sadler
           
             a
             Lawyer
             ,
             and
             a
             man
             in
             such
             favour
             with
             the
             Usurper
             ,
             as
             he
             was
             by
             them
             made
             one
             of
             the
             Judges
             for
             the
             proving
             of
             Wills
             and
             Testaments
             ,
             in
             his
             Book
             entituled
             ,
          
           The
           Rights
           of
           the
           Kingdom
           ,
           and
           Custom
           of
           our
           Ancestors
           ,
           saith
           ,
           that
           the
           Writs
           of
           Capias
           as
           now
           used
           were
           very
           mischievous
           ,
           did
           not
           lye
           at
           the
           Common
           Law
           in
           Actions
           of
           Debt
           ;
           
             cites
             Sir
          
           Edward
           Cokes
           
             opinion
             in
             Sir
          
           William
           Herberts
           
             Case
             ,
             and
             declared
          
           ,
           that
           in
           Debt
           the
           Mirrour
           of
           Justice
           did
           pronounce
           the
           Outlawry
           to
           be
           a
           great
           abuse
           .
        
         
           
             In
             the
             year
          
           1650.
           
           S.
           D.
           
             then
             an
             Attorney
             ,
             (
             but
             since
             his
             Majesties
             happy
             Restauration
             
             and
             the
             altering
             of
             the
             Scene
             ,
             Knighted
             and
             put
             into
             several
             places
             of
             Honour
             and
             Trust
             ,
             )
             having
             convened
             and
             gathered
             together
             some
             Tides-men
             ,
             and
             small
             understanding
             Clarks
             and
             Attorneys
             ,
             that
             were
             well
             inclined
             to
             set
             their
             Watches
             by
          
           Cromwells
           new
           Court-Dial
           ,
           
             did
             in
             order
             to
             the
             Regulation
             of
             the
             Law
             ,
             propound
             a
          
           Law
           to
           be
           made
           against
           Fines
           to
           be
           paid
           upon
           Original
           Writs
           ,
           for
           that
           
             (
             the
             best
             reason
             that
             they
             could
             give
             against
             it
             )
          
           it
           was
           against
           the
           reason
           of
           the
           Fundamental
           Laws
           of
           England
           ,
           which
           never
           imposeth
           any
           Fines
           but
           against
           offenders
           ;
           
             and
             the
             like
          
           against
           Vtlaries
           ,
           
             which
             were
          
           unnecessary
           ,
           and
           did
           tend
           only
           to
           Charges
           and
           delay
           ;
           
             and
             that
             a
          
           second
           Summons
           being
           served
           upon
           a
           Defendant
           and
           left
           at
           his
           house
           ,
           and
           by
           the
           Sheriff
           or
           his
           Officer
           retorned
           upon
           Record
           ,
           the
           first
           Summons
           being
           made
           seven
           days
           before
           the
           day
           of
           Apparance
           ,
           in
           which
           time
           the
           Plaintiff
           may
           enter
           his
           Declaration
           in
           Court
           ,
           and
           if
           no
           Apparance
           entred
           within
           eight
           days
           after
           ,
           then
           a
           new
           Summons
           in
           the
           nature
           of
           a
           
             Scire
             facias
          
           to
           be
           awarded
           upon
           the
           Imparlance
           roll
           ,
           to
           summon
           him
           to
           appear
           at
           a
           certain
           day
           to
           come
           ,
           when
           not
           appearing
           and
           pleading
           
           within
           eight
           days
           after
           Judgment
           shall
           be
           given
           by
           default
           .
        
         
           Mr.
           John
           Jones
           of
           Nayoth
           
             in
             the
             County
             of
          
           Brecon
           ,
           
             in
             a
             Book
             printed
             and
             published
             in
             the
             same
             year
             ,
             entituled
             ,
          
           Judges
           Judged
           
             out
             of
             their
             own
             mouths
             ,
             or
             the
             Question
             resolved
             by
          
           Magna
           Charta
           
             who
             have
             been
          
           Englands
           Enemies
           ,
           King-seducers
           ,
           and
           the
           Peoples
           destroyers
           ,
           
             from
             King
          
           Henry
           
             the
             3d.
             to
             King
          
           Henry
           
             the
             8th
             .
             and
             before
             and
             since
             ,
             stated
             by
             Sir
          
           Edward
           Coke
           
             late
             Lord
             Chief
             Justice
             of
             the
             Court
             of
             Kings-Bench
             ,
             wherein
             that
             mighty
          
           Cambro-Britain
           
             in
             his
             own
             opinion
             doth
             with
             as
             little
             Law
             as
             Reason
          
           charge
           the
           Judges
           and
           Professors
           of
           the
           Law
           ,
           with
           the
           destruction
           of
           honest
           men
           whom
           it
           should
           save
           ,
           and
           the
           saving
           of
           all
           those
           whom
           it
           should
           destroy
           or
           punish
           for
           unlawful
           respects
           and
           considerations
           ,
           tending
           to
           their
           own
           profits
           and
           ends
           :
           And
           that
           by
           Prerogative
           Statutes
           devised
           by
           mercenary
           Lawyers
           to
           steal
           from
           the
           people
           their
           Birth-right
           ,
           contrary
           to
           
             Magna
             Charta
          
           ,
           and
           the
           Common
           Law
           of
           England
           ,
           they
           are
           become
           an
           intollerable
           mischief
           to
           the
           Commonwealth
           ,
           and
           do
           deserve
           exemplary
           punishments
           ;
           
             and
             cites
             the
             said
             
             Sir
          
           Edward
           Cokes
           
             opinion
             in
             his
             Comment
             upon
          
           Magna
           Charta
           ,
           
             cap.
             29.
             that
          
           the
           Custom
           of
           England
           declared
           by
           
             Magna
             Charta
          
           doth
           not
           extend
           to
           the
           imprisonment
           of
           any
           Debtors
           but
           the
           Kings
           .
        
         
           And
           assisted
           those
           his
           wicked
           and
           false
           Rabshakesmes
           with
           another
           little
           Book
           ,
           called
           the
           
             Cry
             of
             Bloud
          
           ,
           dedicated
           to
           
             Oliver
             Cromwell
          
           ,
           General
           as
           he
           stiled
           him
           of
           the
           puissant
           Army
           of
           the
           Parliament
           of
           England
           ,
           wherein
           charging
           the
           crime
           of
           Murder
           ,
           and
           of
           the
           bloud
           of
           the
           righteous
           Abel
           ,
           as
           he
           is
           almost
           frantickly
           pleased
           to
           fancy
           it
           ,
           upon
           the
           Process
           of
           Arrest
           and
           Outlawry
           ,
           and
           that
           innocent
           and
           most
           necessary
           way
           of
           compelling
           men
           to
           Justice
           ,
           he
           stileth
           them
           a
           
             course
             of
             Sin
          
           ,
           and
           the
           Offices
           of
           those
           who
           do
           make
           them
           the
           
             gift
             of
             the
             Devil
          
           ,
           and
           
             the
             Lawyers
             liars
          
           ;
           although
           Mr.
           
             John
             Cooke
          
           of
           Grays-Inne
           ,
           before
           the
           Devil
           had
           entred
           into
           him
           and
           ingaged
           him
           to
           be
           a
           prosecutor
           of
           his
           Soveraign
           ,
           even
           to
           the
           Murder
           of
           him
           ,
           did
           in
           his
           Book
           printed
           in
           the
           year
           1646.
           entituled
           ,
           
             A
             Vindication
             of
             the
             Professors
             and
             Profession
             of
             the
             Law
             ,
          
           dedicated
           to
           the
           then
           Parliament
           ,
           declare
           ,
           
           that
           he
           was
           confident
           that
           
             the
             Common
             Lawyers
             of
          
           England
           
             are
             as
             understanding
             rational
             men
             ,
             as
             any
             Practisers
             of
             any
             Profession
             whatsoever
             in
             the
             world
          
           ;
           and
           he
           durst
           say
           ,
           that
           
             there
             are
             more
             Godly
             religious
             Lawyers
             ,
             Attorneys
             and
             Sollicitors
             in
          
           England
           ,
           
             then
             in
             all
             that
             habitable
             part
             of
             the
             world
             called
             Christendom
             .
          
        
         
           Mr.
           William
           Leach
           
             of
             the
          
           Middle-Temple
           
             proposed
             ,
             that
          
           no
           Defendant
           should
           be
           enforced
           to
           appear
           unto
           any
           Action
           ,
           before
           a
           Poenal
           Summons
           ,
           and
           a
           Declaration
           first
           filed
           ,
           unless
           in
           case
           of
           likelihood
           to
           depart
           the
           Land
           ,
           or
           to
           make
           away
           his
           Goods
           ;
           
             and
             in
             such
             case
          
           ,
           upon
           an
           affidavit
           to
           be
           made
           before
           a
           Justice
           of
           Peace
           by
           any
           Officer
           to
           be
           arrested
           .
        
         
           Isaac
           Pennington
           
             the
             younger
             ,
             the
             Son
             of
             that
             man
             of
             Faction
             his
             Father
             ,
             offered
             in
             a
             Pamphlet
             to
             assert
             ,
             that
          
           the
           Rights
           ,
           Liberties
           and
           safety
           of
           the
           people
           were
           in
           themselves
           ,
           and
           derivatively
           in
           the
           Parliament
           their
           Substitutes
           and
           Representatives
           ,
           and
           that
           the
           people
           ought
           well
           to
           look
           to
           their
           rectifying
           right
           ,
           that
           it
           may
           have
           its
           free
           current
           .
        
         
           Mr.
           Henry
           Robinson
           
             in
             his
             publick
             Proposals
             
             for
             a
             cheap
             and
             easie
             distribution
             of
             Justice
             ,
          
           would
           have
           a
           publick
           Country
           Registry
           for
           Lands
           ,
           and
           another
           for
           Debts
           ,
           and
           that
           in
           every
           City
           ,
           Corporation
           and
           Division
           in
           each
           County
           ,
           Judges
           may
           be
           appointed
           with
           an
           yearly
           Salary
           .
        
         
           By
           a
           Petition
           of
           many
           calling
           themselves
           a
           Free-people
           ,
           promoted
           by
           
             John
             Wildman
          
           and
           
             John
             Lilburne
          
           Gent.
           they
           do
           require
           that
           all
           the
           Laws
           ,
           Process
           and
           Inrolments
           of
           England
           be
           written
           in
           English
           ,
           and
           a
           Roman
           or
           Secretary
           hand
           .
        
         
           
             Hugh
             Peters
          
           ,
           a
           Prompter
           at
           a
           Play-house
           long
           before
           he
           was
           a
           my
           mick
           Preacher
           and
           the
           abuse
           of
           the
           Pulpit
           ,
           having
           made
           many
           a
           Renegado
           Voyage
           from
           England
           to
           Holland
           ,
           thence
           to
           New-England
           ,
           and
           from
           thence
           in
           the
           company
           of
           other
           
             Birds
             of
             Prey
          
           pearching
           here
           again
           in
           England
           ,
           was
           so
           unwilling
           not
           to
           be
           as
           busie
           in
           the
           ruine
           of
           his
           Country
           ,
           as
           other
           men
           of
           the
           Trinkets
           and
           new
           Fangles
           were
           ,
           as
           in
           his
           Book
           entituled
           ,
           Endeavours
           (
           as
           he
           saith
           )
           
             aiming
             at
             the
             Glory
             of
             God
             ,
             that
             Peace
             and
             Truth
             may
             meet
             together
             ,
          
           undertaketh
           to
           prove
           ,
           that
           Government
           by
           succession
           from
           Father
           to
           
           Son
           was
           none
           of
           Gods
           institution
           in
           the
           first
           and
           purest
           Times
           ,
           that
           Custom
           hath
           worn
           out
           Truth
           ,
           but
           we
           were
           to
           enquire
           for
           the
           old
           and
           good
           ways
           ,
           and
           Christ
           saith
           it
           was
           not
           so
           in
           the
           beginning
           .
        
         
           
             And
             in
          
           June
           1651.
           
             in
             his
             Book
             entituled
          
           ,
           Good
           Work
           for
           a
           Good
           Magistrate
           ,
           
             would
             have
          
           Registers
           to
           be
           setled
           in
           every
           Parish
           of
           all
           Mortgages
           ,
           
           Alienations
           ,
           &c.
           and
           from
           thence
           transmitted
           to
           the
           County
           or
           Shire-Town
           ;
           that
           in
           every
           County
           every
           Hundred
           do
           choose
           three
           men
           to
           be
           Peace-makers
           for
           a
           year
           ,
           to
           determine
           all
           common
           controversies
           without
           Appeal
           ;
           Wills
           and
           Testaments
           to
           be
           acknowledged
           before
           two
           next
           Justices
           ,
           and
           entred
           in
           the
           Parochial
           Registries
           ;
           five
           or
           seven
           in
           every
           Town
           or
           Hundred
           to
           be
           yearly
           chosen
           to
           determine
           all
           Debts
           or
           Strifes
           ,
           whereof
           three
           to
           give
           sentence
           without
           Appeal
           ;
           that
           Summons
           instead
           of
           Arrests
           may
           be
           left
           at
           mens
           houses
           ,
           none
           to
           distrain
           for
           Taxes
           or
           Debts
           ,
           but
           the
           Debtors
           outward
           doors
           to
           be
           taken
           away
           and
           carried
           to
           the
           Town-house
           ,
           and
           as
           many
           other
           new
           doors
           as
           shall
           be
           set
           in
           the
           place
           ;
           every
           man
           plead
           his
           own
           cause
           ,
           and
           if
           he
           think
           himself
           too
           weak
           ,
           let
           him
           
           have
           liberty
           to
           take
           a
           Friend
           or
           Neighbour
           to
           plead
           for
           him
           ,
           but
           no
           Advocates
           or
           Seriveners
           to
           plead
           for
           any
           man
           ;
           if
           any
           Lawyers
           be
           continued
           ,
           let
           them
           be
           allowed
           and
           paid
           by
           the
           State
           ;
           all
           Suits
           in
           London
           and
           great
           Cities
           to
           be
           determined
           in
           a
           week
           .
           Which
           being
           done
           ,
           it
           was
           very
           advisable
           to
           burn
           all
           the
           old
           Records
           ,
           even
           those
           in
           the
           Tower
           ,
           the
           monuments
           of
           Tyranny
           .
        
         
           And
           had
           so
           in
           a
           short
           time
           after
           haled
           on
           his
           design
           of
           destroying
           all
           the
           Records
           and
           memorials
           of
           the
           Laws
           of
           England
           ,
           to
           make
           way
           for
           his
           new
           contrivances
           ,
           as
           a
           Serjeant
           at
           Arms
           of
           the
           then
           miscalled
           Parliament
           ,
           or
           one
           of
           their
           
             Mock-Majesty
             Mace-bearers
          
           ,
           had
           an
           express
           order
           (
           happily
           diverted
           by
           some
           other
           affair
           when
           it
           was
           ready
           to
           be
           put
           in
           execution
           )
           to
           throw
           all
           the
           Records
           remaining
           in
           the
           
             Treasuries
             at
             Westminster
          
           into
           the
           River
           of
           Thames
           .
        
         
           And
           the
           Law
           that
           it
           might
           the
           better
           be
           baited
           and
           abused
           ,
           (
           as
           if
           no
           Foreigners
           could
           ever
           have
           occasion
           to
           read
           ,
           understand
           ,
           or
           make
           use
           of
           them
           )
           must
           with
           its
           Writs
           ,
           Records
           ,
           Process
           and
           Proceedings
           ,
           
           for
           the
           time
           to
           come
           be
           written
           in
           English
           ,
           many
           of
           the
           Law-books
           being
           in
           order
           thereunto
           ,
           by
           the
           factious
           and
           greedy
           avarice
           of
           many
           of
           the
           Book-sellers
           and
           Stationers
           ,
           procured
           to
           be
           mercenarily
           translated
           into
           English
           ,
           and
           exposed
           to
           the
           rude
           eyes
           and
           hands
           of
           the
           ignorant
           ,
           and
           the
           little
           reason
           that
           the
           Owners
           of
           it
           do
           use
           to
           have
           ,
           whereby
           to
           make
           it
           a
           Ludibrium
           ,
           and
           the
           wonder
           of
           their
           lesser
           Intellect
           ,
           which
           might
           easily
           happen
           where
           they
           wanted
           the
           keys
           and
           assistance
           of
           other
           Learnings
           ;
           and
           every
           thing
           their
           shallow
           apprehensions
           could
           not
           reach
           or
           fathom
           ,
           was
           by
           them
           supposed
           to
           be
           Norman
           slavery
           ,
           Antichristian
           ,
           or
           Idolatry
           ;
           the
           Records
           must
           no
           more
           be
           written
           in
           the
           long-lasting
           and
           durable
           Court
           and
           Chancery
           hands
           ,
           or
           manner
           of
           writing
           ,
           made
           out
           of
           the
           old
           
             Saxon
             ,
             Gothick
          
           ,
           and
           Reunick
           Characters
           ,
           as
           they
           were
           wont
           to
           be
           ,
           and
           had
           been
           for
           many
           ages
           before
           ,
           but
           in
           a
           Secretary
           hand
           ,
           not
           that
           strong
           and
           legible
           hand
           heretofore
           used
           ,
           but
           a
           kind
           of
           Jack-an-Apes
           hand
           ,
           composed
           of
           Antick
           frisking
           undistinguishable
           letters
           ,
           so
           written
           with
           the
           side
           of
           a
           
           Pen
           and
           small
           slit
           ,
           as
           that
           scratching
           rather
           then
           writing
           hath
           been
           often
           seen
           ,
           not
           to
           be
           able
           to
           keep
           company
           with
           the
           Parchment
           it
           was
           wrote
           upon
           ,
           the
           small
           period
           of
           
             Oliver
             Cromwells
          
           wickedly
           usurped
           Dominion
           .
        
         
           Which
           needless
           change
           and
           novelty
           ,
           with
           other
           the
           doings
           of
           the
           Factious
           and
           Rebellious
           ,
           so
           wrought
           upon
           the
           minds
           of
           the
           ruder
           sort
           of
           the
           people
           ,
           to
           the
           joy
           and
           comfort
           of
           those
           who
           thought
           themselves
           to
           be
           specially
           Godly
           ,
           as
           the
           Lawyers
           could
           not
           pass
           in
           the
           Streets
           without
           many
           reproaches
           ,
           and
           not
           always
           without
           the
           scorn
           of
           being
           asked
           if
           they
           had
           any
           Latin
           ,
           by
           those
           that
           did
           never
           understand
           it
           ,
           or
           were
           ever
           likely
           or
           in
           a
           capacity
           to
           do
           it
           .
           And
           Pride
           the
           Drayman
           ,
           turned
           by
           an
           accursed
           Rebellion
           into
           a
           Colonel
           ,
           could
           say
           ,
           that
           he
           hoped
           shortly
           to
           see
           ,
           or
           it
           would
           never
           be
           well
           untill
           the
           Lawyers
           Gowns
           were
           like
           the
           Scottish
           Colours
           hung
           up
           in
           Westminster
           hall
           .
           So
           great
           was
           his
           and
           his
           partisans
           malice
           and
           hatred
           to
           those
           Laws
           ,
           which
           once
           they
           seemed
           to
           be
           so
           much
           in
           love
           with
           ,
           professed
           and
           covenanted
           to
           maintain
           .
        
         
         
           In
           the
           same
           year
           that
           so
           remarkable
           
             Thomas
             Elsliot
          
           ,
           calling
           himself
           a
           member
           of
           
             Jesus
             Christ
          
           ,
           and
           of
           the
           English
           Common-wealth
           ,
           
             a
             free-born
             person
             of
             the
          
           English
           
             Nation
             ,
             Esquire
             at
             Arms
             ,
             Conquerour
             of
             the
             Gentlemen
             of
             the
             Long
             Robe
             ,
          
           now
           or
           late
           the
           Satan
           of
           the
           Commonwealth
           ,
           in
           his
           Book
           entituled
           
             The
             true
             Mariner
          
           ,
           with
           his
           Metaphorical
           and
           Hieroglifical
           Ship
           demonstrating
           the
           way
           to
           Paradice
           ,
           dedicated
           to
           
             Oliver
             Cromwell
          
           ,
           saith
           the
           Prothonotaries
           and
           Registers
           in
           the
           Courts
           of
           Justice
           are
           immense
           Foxes
           ,
           the
           Attorneys
           and
           Clarks
           Kindle-coals
           ,
           the
           Bum-bailiffs
           ,
           Serjeants
           at
           Mace
           and
           Marshals-men
           ,
           
             Serpents
             ,
             Toads
             ,
             Rats
          
           and
           Mice
           .
        
         
           James
           Stocall
           
             Colonel
             of
             a
             Regiment
             of
             fifteen
             hundred
             men
             in
             the
             Isle
             of
          
           Jersey
           ,
           
             proposed
             ,
             that
          
           if
           a
           man
           be
           overburdened
           with
           Debts
           and
           imprisoned
           ,
           and
           his
           Estate
           not
           able
           to
           pay
           ,
           he
           ought
           if
           he
           come
           into
           Court
           and
           affirm
           it
           upon
           his
           Oath
           ,
           to
           be
           freed
           of
           all
           his
           Creditors
           ,
           so
           as
           he
           do
           leave
           them
           what
           he
           hath
           whereby
           to
           satisfie
           every
           Creditor
           according
           to
           the
           priority
           of
           every
           mans
           Debt
           .
        
         
         
           
             Shortly
             after
             followed
             Proposals
             by
             some
          
           Chancery
           Clarks
           ,
           
             aiming
             to
             hurt
             their
             Masters
             the
          
           Six
           Clarks
           in
           Chancery
           ,
           
             and
             make
             what
             benefit
             they
             could
             for
             themselves
             ,
             that
          
           twelve
           ancient
           practising
           Clarks
           to
           be
           chosen
           two
           out
           of
           every
           Office
           ,
           by
           the
           major
           votes
           of
           the
           Clarks
           ,
           and
           presented
           to
           the
           Lord
           Keeper
           ,
           Lord
           Chancellor
           ,
           or
           Lords
           Commissioners
           of
           the
           Great
           Seal
           ,
           and
           out
           of
           them
           to
           be
           chosen
           some
           Overseers
           or
           Superintendents
           ,
           and
           to
           have
           an
           Annual
           stipend
           ;
           the
           Subpoena
           Office
           to
           be
           nulled
           ,
           and
           those
           Writs
           to
           be
           made
           by
           the
           Chancery
           Clarks
           ;
           the
           Affidavit
           Office
           to
           be
           taken
           away
           ,
           Lawyers
           Fees
           to
           be
           ascertained
           ,
           and
           none
           to
           take
           any
           more
           Fee
           in
           that
           Term
           for
           any
           particular
           Cause
           ,
           and
           no
           matters
           to
           be
           referred
           to
           Masters
           of
           Chancery
           but
           Accompts
           .
        
         
           Charles
           George
           Cock
           
             would
             have
          
           Vtlaries
           abolished
           ,
           and
           no
           Arrest
           ,
           and
           that
           there
           be
           only
           a
           Summons
           without
           a
           Writ
           or
           attaching
           the
           person
           ,
           and
           if
           twice
           summoned
           let
           him
           be
           proceeded
           against
           upon
           his
           Goods
           .
        
         
           
             In
             the
             year
          
           1652.
           
           Gerrard
           Winstanley
           
             published
             his
             opinion
             ,
             that
          
           the
           Kings
           old
           Laws
           cannot
           govern
           a
           free
           Commonwealth
           ,
           
           and
           it
           is
           not
           possible
           for
           a
           people
           to
           be
           too
           free
           ;
           
             and
             in
             a
             Book
             entituled
          
           ,
           The
           Law
           of
           Freedom
           ,
           or
           true
           Magistracy
           restored
           ,
           
             complaineth
             ,
             that
          
           Tolls
           in
           the
           Market
           are
           a
           burden
           ,
           that
           the
           Gentry
           do
           oppress
           the
           Common
           people
           ,
           live
           idly
           upon
           their
           labours
           ,
           and
           carry
           away
           all
           the
           comfort
           and
           livelihood
           of
           the
           Earth
           ;
           that
           the
           powers
           of
           Lords
           of
           Manors
           do
           remain
           still
           over
           their
           Brethren
           ,
           requiring
           Fines
           and
           Heriots
           ,
           beating
           them
           off
           the
           free
           use
           of
           their
           Commons
           ;
           the
           Commoners
           have
           cast
           out
           the
           King
           ,
           therefore
           they
           are
           in
           equity
           free
           from
           the
           slavery
           of
           that
           Lordly
           power
           ,
           and
           that
           it
           will
           blast
           the
           power
           of
           the
           Parliament
           and
           Army
           to
           see
           the
           Government
           of
           the
           Commonwealth
           to
           be
           built
           upon
           the
           Kingly
           Laws
           and
           Principles
           ;
           and
           that
           all
           slaveries
           and
           oppressions
           which
           have
           been
           brought
           upon
           mankind
           ,
           have
           been
           by
           Kings
           ,
           Lords
           of
           Manors
           ,
           Lawyers
           ,
           Landlords
           &
           Divines
           ,
           who
           ought
           to
           be
           cast
           out
           ;
           and
           prayeth
           that
           there
           may
           be
           a
           Judge
           in
           every
           Shire
           ,
           Peace-makers
           in
           every
           Town
           ,
           Overseers
           and
           a
           band
           of
           Souldiers
           attending
           them
           .
        
         
           
             Another
             proposeth
             ,
             that
          
           instead
           of
           an
           Arrest
           a
           Summons
           might
           be
           sufficient
           ,
           and
           if
           no
           Apparance
           Judgment
           and
           Execution
           to
           pass
           .
        
         
         
           In
           the
           year
           1653.
           in
           a
           Book
           entituled
           ,
           a
           supply
           to
           a
           draught
           of
           a
           Systeme
           proposed
           by
           a
           Committee
           for
           the
           Regulation
           of
           the
           Law
           ,
           it
           was
           desired
           ,
           that
           
             none
             be
             arrested
             ,
             attached
             ,
             molested
             or
             troubled
             by
             any
             Original
             or
             other
             Writ
             .
          
        
         
           And
           thus
           whilst
           too
           many
           addle-headed
           Reformers
           were
           labouring
           to
           establish
           wickedness
           by
           a
           Law
           or
           Authority
           ,
           and
           the
           major
           part
           of
           the
           Members
           of
           the
           miscalled
           Parliament
           having
           as
           they
           thought
           rear'd
           their
           designs
           to
           that
           height
           and
           nearness
           of
           accomplishment
           ,
           that
           they
           took
           themselves
           to
           be
           
             Officers
             of
             Righteousness
          
           ,
           elected
           and
           chosen
           to
           do
           wonderfull
           things
           ,
           that
           
             Gods
             will
             might
             be
             done
             on
             earth
             as
             it
             was
             in
             heaven
             ,
          
           that
           
             every
             one
             might
             be
             holy
             ,
             and
             the
             Pots
             ,
             yea
             the
             Bells
             upon
             the
             Horses
             ,
          
           as
           they
           were
           pleased
           to
           phrase
           it
           ,
           
             might
             be
             holiness
             unto
             the
             Lord
             ,
          
           and
           
             that
             God
             might
             reign
             and
             be
             all
             in
             all
          
           ;
           they
           (
           did
           in
           that
           hurry
           and
           fit
           of
           Zeal
           ,
           without
           any
           solid
           or
           rectified
           reason
           ,
           cause
           or
           consideration
           ,
           without
           the
           hearing
           of
           any
           defences
           to
           be
           made
           against
           their
           supposed
           to
           be
           infallible
           Judgments
           ,
           (
           Vote
           that
           the
           High
           Court
           of
           Chancery
           ,
           and
           all
           
           the
           other
           Courts
           at
           Westminster-hall
           ,
           should
           be
           dissolved
           and
           no
           more
           made
           use
           of
           ;
           and
           a
           Member
           of
           that
           Society
           ,
           and
           a
           Burgess
           for
           the
           Town
           or
           University
           of
           Cambridge
           ,
           who
           might
           have
           done
           well
           to
           have
           disswaded
           his
           Election
           until
           he
           had
           learned
           more
           wit
           ,
           was
           so
           willing
           to
           have
           the
           Civil
           Laws
           here
           used
           to
           be
           destroyed
           ,
           or
           set
           packing
           with
           the
           Common
           Laws
           ,
           as
           he
           could
           not
           forbear
           crying
           out
           ,
           
             Mr.
             Speaker
             ,
             one
             word
             I
             beseech
             you
             ,
             for
             Jesus
             Christ
             let
             the
             Civil
             Law
             also
             be
             put
             down
             .
          
           But
           that
           not
           well
           according
           with
           the
           sentiments
           and
           purposes
           of
           Cromwell
           their
           
             man
             of
             Sin
          
           ,
           who
           had
           designed
           to
           trepan
           them
           to
           deliver
           up
           their
           fancied
           Parliamentary
           Government
           ,
           and
           to
           bless
           God
           for
           the
           yoke
           and
           Instrument
           of
           his
           own
           making
           ,
           whereby
           he
           as
           a
           single
           person
           had
           with
           many
           curbing
           contrivances
           a
           future
           absolute
           lawless
           and
           unlimited
           power
           and
           Authority
           ,
           he
           did
           for
           the
           better
           preserving
           of
           the
           Justice
           of
           the
           Nation
           ,
           for
           the
           administration
           whereof
           he
           intended
           to
           make
           himself
           an
           allowance
           of
           Two
           hundred
           thousand
           Pound
           ,
           
             per
             annum
          
           ,
           and
           well
           understood
           to
           be
           as
           necessary
           in
           a
           Common-wealth
           
           as
           it
           had
           been
           in
           the
           best
           of
           Monarchies
           ,
           and
           some
           other
           his
           reasons
           of
           State
           ,
           whilst
           those
           Dreamers
           of
           Godly
           Reformations
           had
           upon
           his
           Summons
           and
           Command
           refused
           to
           dissolve
           or
           come
           out
           of
           their
           opinionated
           Senate
           or
           Parliament-house
           ,
           cause
           some
           of
           his
           Janisaries
           or
           Red-coat
           Souldiers
           to
           pull
           them
           out
           of
           the
           House
           ,
           and
           lock
           up
           the
           doors
           .
        
         
           And
           their
           ungodly
           and
           particular
           interests
           having
           thus
           enticed
           the
           vulgar
           and
           less
           considerate
           part
           of
           the
           people
           ,
           too
           many
           of
           them
           made
           all
           the
           hast
           they
           could
           to
           pull
           in
           pieces
           the
           frame
           ,
           and
           the
           noble
           ever
           to
           be
           admired
           constitution
           of
           our
           Government
           ,
           where
           they
           could
           be
           sure
           of
           hopes
           of
           gain
           ,
           and
           losing
           nothing
           by
           it
           ,
           and
           joyning
           with
           some
           Lawyers
           of
           the
           smaller
           size
           that
           wanted
           Practice
           ,
           and
           expected
           imployments
           by
           a
           Renverse
           of
           our
           Old
           Laws
           and
           setting
           up
           New
           ,
           the
           finews
           and
           foundations
           of
           our
           Laws
           were
           endeavoured
           to
           be
           cut
           ,
           Monarchy
           ,
           Justice
           and
           our
           Laws
           enforced
           to
           dwell
           in
           the
           Tents
           of
           Mesech
           and
           Kedar
           ,
           and
           lying
           amongst
           the
           Pots
           ,
           and
           the
           Wolves
           made
           the
           Guardians
           of
           the
           Sheep
           and
           Lambs
           ;
           
           the
           Tenth
           Commandment
           in
           the
           Decalogue
           was
           bid
           to
           stand
           off
           ,
           and
           not
           trouble
           it self
           with
           their
           business
           ,
           until
           they
           could
           be
           at
           more
           leisure
           to
           talk
           with
           it
           or
           understand
           it
           ;
           every
           one
           was
           rooting
           up
           the
           foundations
           ,
           and
           like
           those
           that
           are
           too
           busie
           in
           breaking
           bulk
           ,
           or
           taking
           the
           spoil
           of
           a
           distressed
           wreckt
           Ship
           ,
           the
           wild
           Boar
           brake
           into
           the
           Vineyard
           ,
           and
           the
           Swine
           into
           the
           Garden
           and
           Bed
           of
           Spices
           ,
           unto
           whom
           the
           Rose
           of
           Sharon
           and
           the
           Lilly
           of
           the
           Vallys
           ,
           the
           charming
           Hyacinth
           and
           Tulips
           ,
           and
           gloriously
           adorned
           other
           flowers
           ,
           and
           the
           filth
           of
           a
           Dunghill
           were
           in
           their
           grunting
           capricious
           sense
           of
           an
           equal
           if
           so
           much
           value
           and
           estimation
           .
        
         
           
             And
             Mr.
          
           John
           Dury
           a
           Scotish
           
             Minister
             ,
             who
             had
             before
             in
             the
             reign
             of
             King
          
           Charles
           the
           Martyr
           
             by
             good
             approbation
             of
             divers
             of
             our
             Bishops
             and
             Learned
             men
             of
             this
             Nation
             ,
             and
             many
             learned
             and
             worthy
             of
             the
             Reformed
             Churches
             beyond
             the
             Seas
             ,
             endeavoured
             a
             better
             agreement
             betwixt
             the
          
           Lutheran
           and
           Calvinists
           ,
           
             had
             no
             time
             or
             labour
             spare
             to
             bring
             his
             Countrymen
             and
             their
             mad
             Brethren
             of
          
           England
           
             into
             
             their
             wits
             again
             ,
             but
             for
             some
             Preferment
             had
             or
             promised
             was
             so
             well
             contented
             to
             ring
             the
             Changes
             with
             them
             ,
             as
             he
             could
             not
             let
             such
             things
             pass
             without
             some
             blessing
             or
          
           Grace
           
             said
             unto
             them
             ,
             or
             a
             box
             of
             what
             he
             took
             to
             be
             a
             more
             special
             Balm
             of
          
           Gilead
           ,
           
             bestowed
             upon
             them
             for
             the
             ease
             and
             comfort
             of
             such
             a
             small
             number
             as
             should
             be
             troubled
             with
             tender
             and
             puling
             Consciences
             ,
             as
             he
             did
             in
             his
             Re-proposals
             licensed
             by
             Mr.
          
           Joseph
           Caryl
           ,
           
             declare
             ,
             that
          
           God
           by
           an
           extraordinary
           way
           of
           providence
           had
           shaken
           the
           foundations
           of
           this
           Kingdom
           ,
           
           and
           turned
           in
           into
           a
           Commonwealth
           ,
           believed
           that
           the
           just
           Judgment
           of
           God
           had
           brought
           it
           upon
           those
           who
           without
           any
           respect
           to
           tender
           Consciences
           ,
           did
           press
           the
           ensnaring
           former
           Oaths
           of
           Allegiance
           and
           Supremacy
           ,
           and
           the
           Covenant
           ,
           and
           laid
           them
           as
           stumbling-blocks
           before
           their
           Brethren
           ;
           conceived
           that
           the
           requiring
           a
           general
           promise
           from
           Subjects
           ,
           to
           perform
           an
           undeniable
           and
           unquestionable
           duty
           to
           the
           Commonwealth
           wherein
           they
           live
           ,
           by
           those
           that
           have
           the
           power
           of
           affording
           or
           refusing
           Civil
           protection
           ,
           is
           not
           in
           the
           same
           nature
           with
           those
           former
           Oaths
           and
           Subscriptions
           :
           
           And
           that
           he
           should
           pray
           and
           intercede
           for
           such
           as
           are
           under
           the
           trouble
           of
           their
           own
           Spirits
           ,
           and
           fear
           of
           sinning
           ,
           that
           the
           many
           years
           experience
           of
           their
           quiet
           behaviour
           and
           faithfull
           services
           may
           be
           accepted
           towards
           a●
           just
           degree
           of
           security
           and
           assurance
           for
           future
           peaceableness
           .
        
         
           In
           the
           same
           year
           Mr.
           
             〈◊〉
             Gray
          
           ,
           a
           prisoner
           in
           the
           Compter
           of
           Woodstreet
           in
           London
           for
           the
           not
           payment
           of
           Tithes
           ,
           would
           perswade
           as
           many
           as
           would
           be
           so
           foolish
           as
           to
           believe
           him
           ,
           that
           
             Tithes
             were
             a
             curse
             to
             all
             Nations
             but
          
           Cana●n
           ,
           
             and
             a
             vexation
             to
             all
             people
             but
             the
          
           Hebrews
           .
        
         
           
             In
             the
             year
             1654.
             
             Mr.
          
           John
           Rogers
           ,
           
             once
             a
             Minister
             of
             the
             Church
             of
          
           England
           ,
           
             but
             afterwards
             a
             fiery
             zealot
             of
             Rebellion
             ,
             by
             his
             Book
             fuller
             of
             railing
             then
             truth
             or
             reason
             ,
             entituled
             ,
          
           
           Sagrir
           ,
           or
           Doomsday
           
             drawing
             nigh
             with
             Thunder
             and
             Lightning
             ,
             in
             an
             Alarm
             for
             New
             Laws
             and
             the
             Peoples
             Liberties
             ,
             from
             the
          
           Norman
           and
           Babylonian
           
             yokes
             ,
             wherein
             he
             calling
             the
          
           Lawyers
           Tyrants
           and
           Locusts
           ,
           
             saith
             ,
             that
             it
             is
          
           high
           time
           and
           more
           then
           time
           for
           the
           people
           to
           know
           their
           Rights
           ,
           Priviledges
           and
           Freedom
           ,
           that
           
           all
           that
           are
           past
           Children
           and
           Fools
           should
           call
           for
           them
           ,
           
             and
             that
             it
             concerns
          
           all
           to
           write
           ,
           print
           ,
           publish
           and
           declare
           against
           the
           Norman
           Tyranny
           of
           Laws
           and
           Lawyers
           ,
           
             and
             that
             he
          
           doth
           it
           with
           as
           much
           assurance
           and
           confidence
           as
           if
           he
           had
           a
           halter
           about
           his
           neck
           ,
           and
           were
           to
           endure
           the
           penalty
           of
           the
           Locrian
           Laws
           for
           failing
           in
           what
           he
           should
           alledge
           against
           them
           ;
           that
           the
           Lawyers
           are
           Antichrists
           State
           Army
           of
           Locusts
           ,
           and
           that
           the
           people
           have
           been
           robbed
           of
           their
           Rights
           to
           this
           day
           by
           the
           Income
           of
           corrupt
           Laws
           and
           Lawyers
           ,
           the
           true
           rise
           of
           their
           interest
           ,
           Innes
           of
           Court
           ,
           and
           trades
           by
           Sin
           ;
           that
           none
           are
           suffered
           to
           plead
           but
           Lawyers
           ,
           or
           such
           as
           are
           brought
           up
           in
           their
           Courts
           and
           Innes
           ,
           in
           their
           trade
           ,
           cheats
           and
           tricks
           ,
           to
           sell
           the
           Law
           at
           a
           large
           rate
           to
           Chapmen
           called
           their
           Clients
           ;
           
             and
             would
             make
             it
             to
             be
             no
             small
             grievance
             ,
             that
             ▪
          
           men
           are
           imprisoned
           for
           Debt
           ,
           every
           man
           may
           not
           plead
           his
           own
           cause
           ,
           and
           that
           there
           are
           not
           County
           Judicatories
           to
           hinder
           the
           great
           charges
           put
           upon
           the
           Nation
           to
           prosecute
           their
           Suits
           at
           London
           and
           Westminster
           .
        
         
           
             Mr
             ▪
          
           Boone
           
             an
             Attorney
             ,
             or
             something
             of
             a
             Lawyer
             ,
             with
             his
             name
             wrapt
             up
             in
             an
             
             Anagram
             ,
             in
             his
             Book
             entituled
          
           Examen
           Legum
           Angliae
           ,
           
             published
             in
             the
             year
             1656.
             whose
             reading
             of
             good
             Authors
             mentioned
             in
             his
             Quotations
             might
             have
             better
             informed
             him
             ,
             and
             made
             him
             of
             another
             opinion
             ,
             will
             not
             allow
             of
             any
             of
             our
             Laws
             that
             do
             not
             agree
             with
             the
          
           Mosaical
           ,
           
             or
             were
             not
             derived
             from
             them
             ,
             or
             of
             any
             which
             were
             made
             or
             allowed
             of
             in
             the
             times
             of
             Popery
             ,
          
           
           
             but
             saith
             ,
             that
          
           the
           Law
           of
           England
           as
           it
           is
           now
           in
           use
           is
           a
           departure
           from
           the
           Law
           of
           God
           ,
           and
           a
           taking
           of
           a
           Law
           from
           Heathens
           and
           Idolaters
           ;
           that
           the
           whole
           body
           of
           Popery
           is
           in
           a
           manner
           comprehended
           in
           Littletons
           Book
           so
           much
           commended
           by
           Sir
           
             Edward
             Coke
          
           ,
           and
           that
           the
           old
           Statutes
           made
           in
           the
           affirmance
           of
           the
           Common
           Law
           ,
           and
           the
           Books
           and
           Entries
           whereof
           he
           makes
           mention
           ,
           are
           stuffed
           with
           all
           manner
           of
           impieties
           &
           errors
           ,
           that
           
             Magna
             Charta
          
           &
           
             Charta
             Forestae
          
           do
           not
           appear
           to
           be
           any
           Acts
           of
           Parliament
           ,
           although
           they
           be
           so
           called
           ;
           that
           chiefly
           therein
           was
           intended
           the
           advancement
           of
           the
           Romish
           power
           in
           a
           Tyrannical
           Government
           ;
           that
           the
           Statutes
           of
           
             Marlebridge
             ,
             Westminster
          
           the
           first
           ,
           and
           the
           rest
           of
           the
           old
           
           Statutes
           said
           to
           be
           declaratory
           of
           the
           Common
           Law
           ,
           do
           savour
           of
           the
           power
           of
           Antichrist
           ,
           and
           do
           contain
           in
           them
           manifold
           impieties
           and
           superstitions
           ;
           that
           the
           Statute
           of
           24
           E.
           1.
           concerning
           Ecclesiastical
           Judges
           ,
           and
           the
           Statute
           made
           in
           9
           E.
           2.
           concerning
           Prohibitions
           ,
           Clarks
           convict
           ,
           Prelates
           ,
           Spiritual
           Courts
           ,
           Excommunications
           ,
           Abjurations
           ,
           power
           of
           the
           ordinary
           Fees
           of
           the
           Church
           ,
           Superstitious
           Houses
           ,
           Monasteries
           ,
           Parsons
           ,
           Parsonages
           ,
           containing
           sixteen
           Chapters
           ,
           are
           nothing
           else
           but
           Popery
           ,
           and
           the
           advancement
           thereof
           ;
           and
           the
           like
           may
           be
           said
           of
           25
           
             E.
             3.
             ca.
          
           3
           ,
           4
           ,
           5
           ,
           7
           ,
           8
           ,
           9.
           concerning
           lapses
           of
           Benefices
           ,
           Clarks
           convict
           ,
           Ordinaries
           ,
           
             &c.
             that
          
           such
           causes
           as
           do
           chiefly
           require
           remedy
           in
           a
           Court
           of
           Equity
           ,
           may
           easily
           be
           determined
           by
           Judges
           in
           Courts
           of
           Law
           ;
           Common
           Recoveries
           for
           assurance
           of
           Lands
           ,
           are
           nothing
           but
           a
           pack
           of
           lies
           ;
           that
           the
           Theory
           of
           the
           Common
           Law
           ,
           and
           some
           of
           the
           Statutes
           now
           in
           force
           ,
           do
           contain
           matters
           repugnant
           to
           the
           Law
           of
           God
           ;
           that
           most
           of
           the
           old
           Statutes
           ,
           as
           well
           such
           as
           are
           said
           to
           be
           in
           affirmance
           of
           the
           Common
           Law
           ,
           as
           others
           introductory
           to
           new
           Laws
           ,
           do
           contain
           in
           them
           great
           oppressions
           and
           wrong
           to
           
           the
           people
           ,
           and
           ought
           to
           be
           amended
           ;
           that
           the
           general
           execution
           of
           the
           Laws
           ,
           as
           it
           is
           now
           practised
           ,
           is
           an
           oppression
           to
           the
           whole
           Nation
           ;
           that
           trivial
           and
           impertinent
           Suits
           are
           brought
           out
           of
           the
           Countries
           to
           Westminster
           ,
           and
           thereby
           all
           inferiour
           Courts
           are
           destroyed
           :
           
             and
             proposed
          
           a
           publick
           Registry
           to
           be
           in
           every
           County
           of
           all
           Entails
           ,
           Mortgages
           and
           Statutes
           ,
           that
           before
           any
           cause
           or
           Action
           ●e
           entred
           in
           any
           Court
           ,
           or
           come
           before
           the
           Judges
           ,
           peace
           he
           offered
           by
           the
           Plaintiffs
           ,
           and
           that
           wise
           men
           be
           appointed
           to
           take
           up
           Controversies
           ;
           that
           all
           the
           Tithes
           and
           Glebe
           Lands
           with
           other
           things
           called
           Church-duties
           ,
           may
           be
           sold
           ,
           and
           a
           competent
           means
           provided
           for
           the
           Ministers
           of
           the
           Gospel
           .
        
         
           In
           a
           Book
           entituled
           Englands
           safety
           in
           the
           Laws
           Supremacy
           ,
           and
           published
           in
           the
           year
           1659
           it
           was
           amongst
           other
           things
           required
           as
           a
           Law
           including
           the
           people●
           Liberties
           ,
           that
           
             no
             man
             be
             imprisoned
             for
             Debt
             ,
             but
             that
             all
             Estates
             real
             and
             personal
             be
             liable
             for
             discharge
             of
             Debts
             .
          
        
         
           
             In
             the
             same
             year
             in
             a
             Pamphlet
             entituled
             ,
             the
             humble
             desires
             of
             a
             Free
             Subject
             ,
             it
             was
             desired
             ,
             that
          
           not
           any
           of
           the
           free
           people
           of
           the
           
           three
           Nations
           and
           Territories
           thereunto
           belonging
           ,
           should
           not
           be
           molested
           or
           imprisoned
           ,
           or
           have
           any
           violence
           offered
           to
           their
           persons
           ,
           but
           shall
           have
           full
           power
           and
           liberty
           to
           seek
           for
           their
           redress
           unto
           the
           Law
           ,
           and
           the
           Courts
           of
           Justice
           ,
           according
           to
           the
           ancient
           constitutions
           of
           the
           Laws
           of
           the
           three
           Nations
           .
        
         
           
             In
             another
             owned
             by
             one
             Mr.
          
           James
           Freez
           ,
           
             entituled
             ,
             the
             outcry
             and
             just
             Appeal
             of
             the
             enslaved
             people
             of
          
           England
           ,
           
             to
             be
             delivered
             from
             the
             insupportable
             oppression
             of
             lawless
             yokes
             of
             misery
             ,
             it
             complains
             ,
             that
          
           thousands
           of
           people
           are
           ruined
           and
           robbed
           in
           their
           Estates
           ,
           Liberties
           and
           Lives
           ,
           by
           Arrests
           and
           Outlaries
           ,
           and
           prayeth
           that
           the
           Writs
           of
           Capias
           may
           be
           abolished
           ,
           and
           the
           imprisoned
           set
           free
           ,
           which
           would
           work
           the
           total
           downfall
           of
           Satans
           throne
           of
           Injustice
           ,
           cruelty
           and
           oppression
           ,
           even
           of
           the
           four
           Fairs
           kept
           in
           Westminster-hall
           by
           the
           ingrossers
           of
           pretended
           Justice
           ,
           where
           and
           by
           whom
           men
           are
           daily
           bought
           and
           sold
           in
           their
           Estates
           ,
           Rights
           and
           Liberties
           .
        
         
           
             Some
             of
             the
             Inhabitants
             of
          
           Hull
           
             did
             petition
             ,
             that
          
           the
           Laws
           by
           which
           the
           Common-wealth
           is
           to
           be
           governed
           ,
           may
           be
           those
           holy
           ,
           
           just
           and
           righteous
           Laws
           of
           the
           great
           and
           wise
           God
           ;
           
             and
             declaring
             ,
             that
          
           the
           Nobility
           are
           the
           Pillars
           and
           Buttresses
           of
           Monarchy
           ,
           and
           Citadels
           of
           Pride
           and
           Tyranny
           ,
           ought
           to
           be
           only
           during
           life
           ;
           that
           the
           Divines
           ,
           the
           Lawyers
           ,
           and
           hereditary
           Nobility
           ,
           are
           irreconcilable
           Antagonists
           to
           a
           Free-State
           ;
           adviseth
           an
           Agrarian
           Law
           ,
           that
           the
           proportion
           of
           Lands
           be
           stinted
           ,
           and
           a
           rotation
           of
           all
           Offices
           and
           imployments
           ,
           that
           those
           which
           are
           capable
           may
           tast
           of
           rule
           ,
           as
           well
           as
           subjection
           .
        
         
           In
           a
           Book
           called
           
             A
             Rod
             for
             the
             Lawyers
          
           ,
           they
           are
           called
           
             the
             grand
             robbers
             and
             deceivers
             of
             the
             Nation
             ,
             greedily
             devouring
             many
             millions
             of
             the
             peoples
             money
          
           ;
           and
           it
           alledgeth
           ,
           that
           
             there
             are
             in
          
           England
           &
           Wales
           
             of
             Judges
             ,
             Lawyers
             ,
             Officers
             ,
             Clarks
             ,
             Attorneys
             ,
             and
             Solicitors
             ,
             above
          
           30000
           ,
           (
           a
           quarter
           of
           that
           number
           ,
           at
           the
           largest
           reckoning
           ,
           being
           not
           to
           be
           found
           of
           them
           )
           which
           admitting
           that
           each
           of
           them
           do
           get
           250
           
             l.
             per
             annum
          
           ,
           (
           very
           many
           of
           them
           not
           getting
           100
           
             l.
             per
             annum
          
           ,
           many
           not
           50
           
             l.
             per
             annum
          
           ,
           and
           many
           not
           10
           
             l.
             per
             annum
          
           ,
           or
           so
           much
           as
           the
           Rag-gatherers
           in
           
           London-streets
           do
           ,
           who
           
           take
           it
           to
           be
           an
           ill
           week
           that
           yields
           them
           not
           10
           s.
           )
           it
           will
           saith
           that
           Calculator
           amount
           unto
           
             seven
             millions
             and
             an
             half
             per
             annum
             ,
          
           besides
           the
           charges
           of
           riding
           to
           and
           from
           London
           ;
           whereas
           if
           ever
           there
           were
           such
           a
           number
           to
           be
           proved
           ,
           there
           are
           greater
           numbers
           of
           Carpenters
           and
           Smiths
           ,
           who
           do
           yearly
           gain
           as
           much
           as
           the
           smaller
           sort
           of
           the
           Law
           Profession
           do
           by
           their
           as
           necessary
           labours
           .
        
         
           
             In
             a
             Declaration
             and
             Proclamation
             of
             the
             Army
             (
             as
             they
             called
             themselves
             )
             of
             God
             ,
             published
             in
             the
             same
             year
             ,
             they
             did
             declare
             and
             resolve
             ,
          
           
           by
           the
           help
           of
           God
           that
           there
           should
           be
           liberty
           of
           Conscience
           ,
           but
           not
           of
           Sin
           ;
           Godly
           Laws
           to
           be
           enthroned
           ,
           but
           not
           the
           Jews
           ;
           Judges
           to
           be
           in
           every
           City
           ,
           but
           not
           imposed
           ;
           Prison
           doors
           should
           be
           set
           open
           ,
           to
           let
           out
           Debtors
           to
           labour
           towards
           the
           payment
           of
           their
           Debts
           ;
           and
           look'd
           upon
           it
           as
           the
           voice
           of
           God
           calling
           upon
           them
           ,
           and
           giving
           them
           an
           opportunity
           ;
           
             and
             therefore
             desiring
          
           assistance
           in
           so
           great
           an
           enterprize
           ,
           by
           as
           many
           persons
           of
           note
           and
           ability
           as
           God
           hath
           made
           willing
           and
           able
           ,
           together
           with
           themselves
           ,
           to
           put
           in
           sufficient
           security
           for
           the
           performance
           
           thereof
           ,
           did
           intreat
           them
           to
           send
           in
           their
           names
           to
           Mr.
           
             Livewell
             Chapman
          
           ,
           Book-seller
           in
           Popes-head-alley
           by
           the
           Exchange
           ,
           who
           hath
           promised
           to
           keep
           them
           secret
           untill
           by
           sober
           and
           frequent
           meetings
           the
           matters
           may
           be
           digested
           fit
           to
           be
           presented
           to
           the
           Parliament
           and
           chief
           Officers
           of
           the
           Army
           .
        
         
           Where
           if
           the
           Propositions
           do
           prove
           acceptable
           ,
           there
           will
           be
           a
           sum
           of
           500000
           l.
           ready
           towards
           performance
           of
           the
           same
           .
        
         
           
             And
             in
             the
             Plea
             called
             the
             Armies
             Plea
             it
             is
             alledged
             ,
             that
          
           the
           peoples
           safety
           is
           the
           chief
           Soveraignty
           of
           all
           Laws
           ,
           Statutes
           ,
           Acts
           and
           Ordinances
           ,
           Covenants
           ,
           Engagements
           ,
           Promises
           ,
           Subscriptions
           ,
           Vows
           ,
           Oaths
           ,
           and
           all
           manner
           of
           obligations
           and
           expressions
           thereof
           ,
           and
           are
           only
           binding
           to
           the
           Publique
           safety
           ,
           and
           not
           to
           the
           persons
           of
           the
           Governours
           or
           forms
           of
           Government
           ,
           but
           with
           reference
           thereunto
           ,
           and
           as
           principles
           of
           truth
           and
           right
           reason
           brought
           to
           light
           by
           the
           late
           Parliament
           .
        
         
           
             And
             one
             being
             willing
             to
             come
             on
             as
             fast
             as
             he
             could
             ,
             and
             keep
             company
             with
             those
             goodly
             assertions
             ,
             saith
             ,
             that
          
           it
           is
           not
           lopping
           the
           branches
           ,
           or
           cutting
           off
           the
           Top
           branch
           of
           
           Monarchy
           ,
           that
           will
           deliver
           a
           Nation
           from
           bondage
           ,
           unless
           the
           Axe
           be
           laid
           to
           the
           root
           thereof
           ,
           to
           the
           evil
           root
           of
           bitterness
           whence
           springs
           all
           our
           misery
           ,
           to
           the
           root
           of
           every
           usurping
           and
           domineering
           Interest
           ,
           whether
           in
           things
           Civil
           or
           Divine
           .
        
         
           The
           number
           of
           Freeholders
           being
           much
           increased
           ,
           hath
           had
           a
           natural
           and
           strong
           tendency
           towards
           a
           Commonwealth
           ;
           no
           Government
           can
           be
           fix'd
           in
           this
           Nation
           ,
           but
           according
           to
           the
           Ballance
           of
           Land
           ;
           that
           Prince
           that
           is
           not
           able
           neither
           by
           his
           own
           or
           the
           publique
           Revenue
           ,
           in
           some
           measure
           to
           counterpoise
           ,
           if
           not
           over-ballance
           the
           greater
           part
           of
           the
           people
           ,
           must
           necessarily
           be
           Tenant
           at
           will.
           
        
         
           
             Another
             in
             his
             Arguments
             and
             fancied
             Reasons
             against
             the
             office
             and
             title
             of
             Kingship
             ,
             published
             in
             the
             year
             aforesaid
             ,
             saith
             ,
             that
          
           the
           Office
           of
           a
           King
           makes
           way
           for
           an
           Act
           of
           resumption
           ,
           and
           the
           unsetling
           of
           mens
           Estates
           ;
           that
           the
           abolishing
           of
           Episcopacy
           and
           Peerage
           ,
           and
           the
           establishing
           of
           Liberty
           for
           Tender
           consciences
           ,
           were
           not
           the
           ground
           of
           the
           Wars
           ,
           for
           nothing
           appeared
           at
           the
           first
           but
           the
           Militia
           ,
           the
           Negative
           voice
           ,
           and
           the
           removing
           of
           Evil
           Counsel
           ,
           the
           other
           things
           were
           
           brought
           into
           the
           quarrel
           in
           the
           progress
           of
           the
           contest
           ,
           by
           an
           higher
           hand
           of
           providence
           then
           mans
           purpose
           .
        
         
           
             One
             of
             the
             same
             company
             and
             School
             of
             contrivances
             desired
             publickly
             ,
             that
          
           no
           man
           should
           be
           imprisoned
           for
           Debt
           ,
           except
           such
           as
           are
           doubted
           to
           be
           running
           away
           ,
           and
           then
           not
           above
           three
           days
           ,
           and
           to
           be
           maintained
           by
           the
           Plaintiff
           at
           3
           s.
           a
           day
           in
           the
           mean
           time
           .
        
         
           
             In
             a
             Book
             stiled
             the
          
           Good
           Old
           Cause
           dressed
           in
           its
           Primitive
           lustre
           ,
           
             said
             to
             have
             been
             written
             by
          
           R.
           Fitz-Brian
           ,
           
             it
             was
             insinuated
             ,
             that
          
           the
           distempers
           of
           the
           Nation
           being
           so
           great
           ,
           as
           they
           could
           not
           admit
           of
           a
           redress
           and
           conserve
           still
           their
           old
           frame
           things
           must
           unavoidably
           wheel
           about
           and
           fix
           themselves
           upon
           another
           Basis
           ;
           Providence
           united
           the
           honest
           party
           of
           the
           victorious
           Army
           ,
           so
           as
           it
           was
           resolved
           that
           the
           poor
           who
           had
           nothing
           to
           pay
           their
           Debts
           ,
           should
           be
           freed
           from
           the
           bondage
           of
           a
           perpetual
           Confinement
           ;
           the
           corruption
           of
           the
           Laws
           were
           become
           at
           once
           both
           the
           shame
           and
           impoverishment
           of
           the
           Nation
           ,
           and
           some
           Expedient
           was
           to
           be
           had
           for
           the
           freeing
           of
           it
           from
           so
           horrid
           a
           Cheat
           ;
           Divine
           providence
           did
           by
           degrees
           
           point
           out
           a
           necessity
           of
           the
           change
           of
           Government
           ,
           and
           Kingship
           being
           laid
           aside
           as
           unnecessary
           ,
           chargable
           and
           dangerous
           ,
           it
           was
           devolved
           into
           a
           Commonwealth
           :
           It
           being
           a
           certain
           rule
           ,
           that
           corrupt
           and
           degenerate
           States
           cannot
           be
           perfectly
           healed
           and
           regulated
           ,
           but
           by
           stepping
           into
           those
           forms
           which
           are
           the
           farthest
           distant
           from
           that
           wherein
           they
           were
           corrupted
           .
        
         
           
             Backed
             by
             an
             Anonymous
             Author
             ,
             who
             being
             desirous
             to
             try
             an
             experiment
             ,
             as
             well
             projected
             as
             that
             of
             the
             cutting
             the
             Moon
             into
             Stars
             ,
             to
             make
             the
             greater
             light
             ,
             and
             save
             the
             expence
             and
             trouble
             of
             Candles
             ;
             and
             to
             contrive
             a
             way
             for
             the
             ruining
             at
             once
             of
             many
             of
             our
             fundamental
             Laws
             root
             and
             branch
             ,
             doth
             in
             a
             Book
             entituled
             a
          
           Chaos
           ,
           
             or
             frame
             of
             a
             Government
             by
             way
             of
             a
             Republick
             ,
             printed
             by
             the
             said
          
           Livewel
           Chapman
           ,
           
             endeavour
             a
             creation
             of
             new
             Laws
             out
             of
             a
             confusion
             of
             his
             own
             making
             ,
             wherein
             as
             a
             well-willer
             to
             the
             Publique
             ,
             as
             he
             stiles
             himself
             ,
             but
             a
             greater
             to
             all
             at
             home
             ,
             he
             doth
             in
             order
             and
             respect
             (
             which
             there
             will
             be
             no
             reason
             to
             believe
             )
             to
             the
             Lawyers
             profit
             ,
             and
             to
             the
             peoples
             enjoyment
             of
          
           
           Magna
           Charta
           ,
           propound
           National
           ,
           Provincial
           ,
           Subprovincial
           and
           Parochial
           Registries
           ,
           to
           which
           Courts
           all
           causes
           of
           Civil
           concernment
           are
           to
           be
           reduced
           ;
           all
           Suits
           in
           Law
           or
           Equity
           to
           be
           determined
           in
           six
           months
           ,
           upon
           a
           penalty
           to
           the
           Judges
           ,
           and
           loss
           of
           Cause
           to
           the
           Client
           ,
           whether
           Plaintiff
           or
           Defendant
           ,
           if
           guilty
           of
           delay
           ;
           the
           Judges
           in
           Chancery
           to
           sit
           
             de
             die
             in
             diem
          
           ,
           the
           Itinerant
           Judges
           to
           determine
           all
           Causes
           that
           shall
           be
           tryed
           before
           them
           ,
           and
           a
           Term
           of
           a
           month
           to
           be
           at
           Westminster-hall
           after
           every
           Circuit
           ,
           for
           the
           determination
           of
           matters
           of
           Law
           ,
           with
           rules
           to
           be
           given
           for
           the
           Jurisdiction
           of
           each
           Registerial
           Court
           ;
           a
           National
           Registry
           to
           be
           appointed
           at
           Westminster
           ,
           to
           consist
           of
           a
           Register
           and
           six
           Clarks
           Assistants
           or
           Deputies
           ,
           which
           may
           have
           each
           as
           many
           writing
           and
           examining
           Clarks
           under
           him
           as
           the
           business
           shall
           require
           ;
           each
           County
           of
           England
           to
           be
           one
           entire
           Province
           ,
           and
           those
           allotted
           to
           the
           Jurisdiction
           of
           the
           said
           several
           six
           Clarks
           and
           Deputies
           ,
           viz.
           so
           many
           Counties
           as
           are
           comprised
           within
           the
           several
           Circuits
           of
           the
           Judges
           ;
           in
           every
           Shire-Town
           a
           Provincial
           Register
           ,
           and
           he
           to
           have
           two
           Clarks
           assistants
           ,
           
           who
           shall
           as
           to
           the
           imployment
           divide
           the
           Province
           ,
           only
           Yorkshire
           is
           to
           have
           three
           Clarks
           assistants
           ,
           who
           are
           to
           divide
           according
           to
           the
           Ridings
           ;
           Subprovincial
           Registers
           to
           depend
           upon
           the
           Provincial
           ,
           and
           to
           have
           one
           Clark
           assistant
           ;
           every
           Parish
           ,
           or
           two
           where
           one
           is
           too
           little
           ,
           to
           have
           one
           Register
           and
           a
           Clark
           assistant
           ;
           every
           person
           having
           Estates
           in
           two
           or
           more
           Counties
           ,
           shall
           enter
           their
           Estates
           and
           Annual
           values
           in
           the
           National
           Registry
           of
           each
           Circuit
           ;
           and
           all
           that
           have
           any
           claim
           or
           right
           in
           possession
           or
           reversion
           of
           Lands
           of
           Inheritance
           of
           the
           yearly
           value
           of
           1000
           l.
           or
           upwards
           ,
           shall
           enter
           it
           accordingly
           ,
           and
           of
           the
           yearly
           value
           of
           100
           l.
           and
           under
           1000
           l.
           either
           in
           possession
           or
           remainder
           ,
           are
           to
           enter
           it
           with
           the
           Provincial
           Register
           ;
           all
           persons
           having
           Estates
           above
           the
           clear
           yearly
           value
           of
           10
           l.
           and
           under
           100
           l.
           are
           to
           enter
           them
           in
           the
           Registry
           in
           the
           Hundred
           or
           Wapentake
           of
           the
           Province
           ,
           and
           all
           not
           exceeding
           10
           
             l.
             per
             annum
          
           ,
           to
           be
           entred
           in
           the
           Parochial
           Registry
           ;
           all
           Debts
           exceeding
           1000
           l.
           to
           be
           entred
           with
           the
           National
           Registry
           ,
           all
           above
           100
           l.
           and
           not
           exceeding
           1000
           l.
           with
           the
           Provincial
           Registry
           ,
           all
           
           above
           10
           l.
           and
           not
           exceeding
           100
           l.
           with
           the
           Subprovincial
           Registry
           ,
           and
           all
           under
           10
           l.
           with
           the
           Parochial
           Register
           where
           the
           Debtor
           inhabiteth
           ,
           or
           his
           Estate
           lyeth
           :
           And
           when
           such
           Entries
           are
           perfected
           ,
           the
           National
           Register
           shall
           within
           14
           days
           certifie
           it
           unto
           the
           Provincial
           ,
           who
           shall
           within
           8
           days
           certifie
           it
           to
           the
           Subprovincial
           ,
           and
           he
           within
           6
           days
           to
           the
           Parochial
           Register
           :
           And
           where
           several
           claims
           under
           several
           titles
           shall
           be
           made
           unto
           one
           and
           the
           same
           thing
           ,
           the
           Register
           shall
           give
           notice
           thereof
           to
           the
           several
           Inhabitants
           and
           Tenants
           thereof
           ;
           the
           Parochial
           Register
           shall
           likewise
           certifie
           to
           the
           Subprovincial
           ,
           the
           Subprovincial
           to
           the
           Provincial
           ,
           and
           the
           Provincial
           to
           the
           National
           Registry
           ;
           the
           Seal
           of
           the
           National
           Registry
           shall
           be
           the
           Great
           Seal
           of
           England
           ,
           to
           be
           kept
           by
           the
           Register
           and
           his
           six
           Clarks
           ,
           and
           nothing
           to
           be
           sealed
           but
           in
           the
           presence
           of
           the
           National
           Register
           ,
           and
           two
           of
           his
           Clarks
           assistants
           ;
           each
           several
           Province
           shall
           have
           his
           peculiar
           seal
           ,
           whereon
           shall
           be
           the
           Arms
           or
           cognisance
           of
           the
           Province
           ,
           City
           or
           Corporation
           wherein
           the
           Registry
           is
           ,
           and
           shall
           be
           in
           the
           custody
           of
           the
           particular
           Register
           or
           his
           Assistants
           ;
           and
           in
           
           like
           manner
           for
           the
           Subprovincial
           and
           Parochial
           Registries
           .
           The
           several
           Registers
           where
           no
           double
           claim
           is
           entred
           ,
           shall
           give
           Certisicates
           under
           their
           seals
           of
           any
           Entries
           which
           shall
           be
           desired
           ;
           Claims
           not
           entred
           within
           three
           months
           ,
           unless
           in
           case
           of
           Infancy
           ,
           Death
           ,
           or
           being
           beyond
           Sea
           ,
           shall
           be
           an
           absolute
           bar
           ;
           Entry
           to
           be
           made
           within
           three
           months
           after
           the
           establishing
           of
           the
           Registries
           ;
           Certificates
           to
           be
           made
           under
           seal
           to
           any
           that
           shall
           desire
           it
           ,
           which
           shall
           be
           a
           sufficient
           warrant
           for
           the
           recovery
           thereof
           ,
           without
           any
           further
           trouble
           to
           the
           Creditor
           then
           to
           make
           his
           claim
           thereunto
           .
           All
           manner
           of
           Bargains
           and
           Contracts
           ,
           w●ere
           any
           Estate
           of
           Inheritance
           ,
           Mortgage
           or
           Lease
           shall
           be
           made
           ,
           or
           any
           right
           transferred
           from
           one
           to
           another
           ,
           all
           Covenants
           ,
           Conditions
           ,
           Considerations
           ,
           and
           Times
           of
           payment
           in
           the
           presence
           of
           the
           several
           parties
           ,
           shall
           be
           made
           before
           the
           several
           Registers
           ,
           certified
           under
           his
           seal
           ,
           delivered
           to
           the
           Creditor
           ,
           and
           Counterparts
           to
           the
           other
           parties
           .
           And
           Entries
           made
           of
           payments
           and
           discharges
           of
           Bargains
           personally
           by
           the
           parties
           in
           the
           presence
           of
           two
           known
           witnesses
           ,
           unless
           where
           the
           parties
           Bargaining
           shall
           be
           sufficiently
           known
           to
           the
           
           Register
           or
           his
           Deputy
           ;
           all
           Marriages
           to
           be
           entred
           in
           the
           Parochial
           Register
           ,
           the
           Covenants
           and
           Conditions
           of
           the
           Marriage
           to
           be
           entred
           and
           certified
           under
           the
           seal
           of
           the
           Register
           ,
           who
           is
           also
           to
           enter
           the
           Christening
           of
           every
           Child
           ,
           deaths
           and
           burials
           of
           all
           persons
           ,
           all
           Wills
           and
           Testaments
           ;
           the
           hiring
           and
           wages
           of
           Servants
           to
           be
           entred
           in
           the
           Parochial
           Registries
           ,
           and
           Certificates
           under
           seal
           given
           thereof
           ;
           the
           Fees
           for
           entring
           any
           Estate
           of
           Inheritance
           in
           the
           National
           Registry
           20
           
             s.
             per
          
           page
           ,
           for
           the
           two
           first
           pages
           ,
           and
           40
           s.
           for
           every
           page
           more
           ;
           for
           all
           Leases
           ,
           Mortgages
           ,
           Jointures
           ,
           Dowers
           or
           Debts
           ,
           10
           s.
           for
           the
           first
           page
           ,
           and
           20
           s.
           for
           the
           following
           pages
           ,
           including
           the
           Fees
           for
           the
           Certificates
           ;
           for
           all
           Entries
           of
           Inheritances
           in
           Fee
           in
           the
           Provincial
           Registry
           ,
           10
           s.
           for
           the
           two
           first
           pages
           ,
           and
           20
           s.
           for
           every
           page
           more
           ;
           for
           all
           Leases
           ,
           Mortgages
           ,
           Jointures
           ,
           Dowers
           or
           Debts
           ,
           7
           
             s.
             6
             d.
          
           for
           the
           first
           page
           ,
           and
           15
           s.
           for
           every
           following
           page
           ,
           Certificates
           included
           ;
           for
           the
           entry
           of
           every
           Inheritance
           in
           Fee
           in
           the
           Subprovincial
           Registry
           ,
           7
           
             s.
             6
             d.
          
           for
           the
           first
           page
           ,
           and
           10
           
             s.
             per
          
           page
           for
           every
           page
           after
           ;
           and
           for
           all
           Leases
           ,
           Mortgages
           ,
           Jointures
           ,
           
           Dowers
           or
           Debts
           ,
           5
           s.
           for
           the
           first
           page
           ,
           and
           7
           
             s.
             6
             d.
          
           for
           every
           following
           page
           ;
           for
           the
           entries
           of
           Inheritances
           in
           Fee
           in
           every
           Parochial
           Registry
           ,
           5
           s.
           for
           the
           first
           page
           ,
           and
           7
           
             s.
             6
             d.
          
           for
           every
           page
           more
           ;
           and
           for
           all
           Leases
           ,
           Mortgages
           ,
           Jointures
           ,
           Dowers
           or
           Debts
           ,
           2
           
             s.
             6
             d.
          
           for
           the
           first
           page
           ,
           and
           5
           s.
           for
           every
           following
           page
           :
           And
           in
           case
           any
           of
           the
           Entries
           of
           Debts
           ,
           Leases
           ,
           Mortgages
           ,
           Jointures
           or
           Dowers
           ,
           shall
           not
           exceed
           6
           lines
           Registerially
           wr●t
           in
           the
           Parochial
           Registry
           ,
           the
           Fee
           thereof
           shall
           be
           but
           1
           s.
           the
           Fees
           for
           the
           Certificates
           excepted
           ;
           the
           Fees
           for
           Entry
           and
           Certificate
           of
           every
           Birth
           ,
           Christening
           ,
           Death
           ,
           Burial
           ,
           in
           the
           Parochial
           Registry
           ,
           if
           it
           exceed
           not
           6
           lines
           ,
           to
           be
           only
           6
           d.
           as
           also
           for
           the
           retainer
           of
           any
           Servant
           or
           Apprentice
           ;
           but
           if
           it
           shall
           exceed
           ,
           the●
           the
           Fees
           to
           be
           according
           as
           was
           allotted
           per
           page
           .
        
         
           No
           money
           shall
           be
           recoverable
           upon
           any
           Bargains
           or
           Contracts
           whatsoever
           ,
           unless
           the
           same
           be
           entred
           in
           the
           Registries
           as
           aforesaid
           ,
           within
           :
           he
           times
           limited
           ;
           the
           Fee
           of
           the
           Seal
           of
           the
           National
           Registry
           ,
           in
           all
           cases
           of
           settlement
           of
           any
           Estate
           ,
           Lease
           ,
           Mortgage
           ,
           Jointure
           or
           Dower
           ,
           to
           be
           5
           l.
           in
           all
           cases
           of
           Debt
           ,
           not
           
           exceeding
           2000
           l.
           the
           Fee
           to
           be
           50
           s.
           otherwise
           5
           l.
           the
           Fee
           of
           every
           Provincial
           Seal
           in
           the
           cases
           aforesaid
           50
           s.
           in
           all
           cases
           of
           Debt
           25
           s.
           and
           in
           all
           cases
           of
           Debt
           ,
           Mortgages
           ,
           &c.
           to
           be
           12
           
             s.
             6
             d.
          
           
        
         
           In
           the
           National
           Registry
           3
           4th
           .
           parts
           of
           the
           Seal
           shall
           be
           to
           the
           Commonwealth
           ,
           and
           a
           4th
           .
           to
           the
           Register
           ,
           and
           his
           assistants
           and
           Clarks
           ,
           for
           all
           entries
           of
           each
           two
           first
           pages
           of
           every
           particular
           Entry
           ,
           and
           for
           all
           the
           following
           pages
           an
           8th
           .
           part
           only
           ;
           in
           each
           Provincial
           Registry
           3
           4th
           .
           parts
           of
           the
           Fees
           for
           the
           Entries
           ,
           and
           for
           Seals
           also
           ,
           to
           be
           to
           the
           Commonwealth
           ,
           and
           the
           4th
           .
           to
           the
           Register
           ,
           his
           assistants
           and
           Clarks
           ;
           in
           the
           Subprovincial
           Registry
           2
           parts
           of
           3
           of
           the
           Entries
           and
           Seals
           to
           be
           to
           the
           Commonwealth
           ,
           and
           the
           3
           to
           the
           Register
           ;
           in
           the
           Parochial
           Registry
           2
           parts
           of
           3
           of
           the
           Seal
           to
           the
           Commonwealth
           ,
           and
           the
           3
           of
           all
           the
           Fees
           of
           Entries
           to
           be
           to
           the
           Register
           ,
           his
           Clarks
           and
           Deputies
           .
        
         
           Every
           Clark
           ,
           Assistant
           or
           Deputy
           of
           the
           National
           Registry
           ,
           shall
           have
           six
           sworn
           Attorneys
           or
           Messengers
           ,
           whose
           care
           shall
           be
           to
           transmit
           his
           several
           Certificates
           to
           the
           several
           
           Registries
           of
           the
           Provinces
           ,
           solicit
           the
           causes
           in
           the
           said
           Registerial
           Court
           ,
           and
           have
           for
           every
           cause
           in
           every
           Court-day
           ,
           besides
           all
           charges
           ,
           7
           
             s.
             6
             d.
          
           and
           no
           more
           ;
           every
           Clark
           assistant
           in
           each
           Provincial
           Registry
           shall
           have
           3
           Attorneys
           or
           Messengers
           ,
           who
           are
           to
           officiate
           as
           in
           the
           National
           Registry
           ,
           and
           have
           for
           every
           cause
           in
           which
           any
           of
           them
           shall
           be
           imployed
           5
           s.
           for
           Fee
           and
           no
           more
           ,
           besides
           charges
           and
           expences
           ;
           each
           Subprovincial
           shall
           have
           2
           Attorneys
           ,
           who
           shall
           do
           the
           same
           work
           ,
           and
           for
           every
           Court
           day
           shall
           have
           for
           Fee
           in
           every
           cause
           4
           s.
           besides
           all
           charges
           ;
           each
           Parochial
           Registry
           shall
           have
           2
           Attorneys
           ,
           
             (
             which
             according
             to
             the
             number
             of
             9725
             Parishes
             in
          
           England
           and
           Wales
           ,
           
             will
             make
             almost
             20000
             Attorneys
             ,
             besides
             their
             Clarks
             ,
             which
             with
             Solicitors
             and
             their
             Clarks
             added
             unto
             them
             ,
             will
             more
             then
             three
             times
             exceed
             the
             number
             of
             Attorneys
             ,
             Solicitors
             and
             Clarks
             ,
             if
             truly
             accompted
             ,
             now
             in
             being
             )
          
           whose
           Fee
           shall
           be
           for
           every
           Court
           day
           3
           s.
           besides
           charges
           ,
           and
           shall
           do
           the
           like
           as
           is
           before
           directed
           ;
           every
           Attorney
           shall
           be
           punished
           for
           fraud
           or
           neglect
           ,
           and
           make
           satisfaction
           to
           the
           Client
           for
           
           all
           damages
           ;
           and
           if
           not
           able
           to
           do
           it
           ,
           shall
           be
           dismissed
           of
           his
           place
           ,
           another
           chosen
           ,
           and
           the
           Client
           restored
           to
           his
           former
           condition
           ;
           the
           Clarks
           assistants
           to
           be
           chosen
           by
           the
           respective
           Registers
           ,
           upon
           security
           to
           be
           given
           ,
           and
           they
           are
           to
           give
           directions
           unto
           them
           ,
           and
           be
           responsal
           for
           them
           ;
           each
           Clark
           assistant
           in
           the
           Provincial
           Registry
           shall
           make
           choice
           of
           one
           Attorney
           ,
           and
           the
           Register
           of
           two
           .
        
         
           The
           Judges
           in
           the
           several
           Parish
           Courts
           shall
           be
           the
           Register
           ,
           the
           Minister
           ,
           and
           the
           Constable
           and
           Churchwardens
           for
           the
           time
           being
           ,
           whereof
           in
           all
           hearings
           two
           to
           be
           present
           ,
           with
           the
           Register
           or
           his
           Deputy
           ;
           the
           several
           Courts
           to
           be
           kept
           every
           Thursday
           fortnight
           ,
           and
           all
           matters
           to
           be
           brought
           to
           hearing
           the
           3d.
           Court
           day
           ,
           and
           to
           hold
           pleas
           of
           all
           Debts
           not
           exceeding
           10
           l.
           principal
           ,
           and
           all
           Estates
           under
           10
           
             l.
             per
             annum
          
           ,
           lying
           in
           the
           same
           Parish
           ;
           12
           Judges
           learned
           in
           the
           Law
           to
           be
           appointed
           by
           Parliament
           to
           attend
           the
           National
           Registerial
           Court
           ;
           21
           Judges
           be
           appointed
           to
           attend
           every
           Provincial
           Registerial
           Court
           ,
           where
           one
           Judge
           at
           least
           is
           to
           be
           present
           ,
           with
           the
           Register
           and
           one
           Clark
           assistant
           ,
           when
           all
           matters
           are
           to
           be
           ●eard
           ;
           every
           month
           shall
           
           be
           a
           Court
           Provincial
           ,
           upon
           the
           Tuesday
           in
           every
           week
           ,
           the
           Subprovincial
           Court
           every
           Friday
           3
           weeks
           ,
           and
           the
           Judges
           to
           be
           the
           Register
           and
           his
           Assistant
           ,
           and
           the
           Minister
           of
           the
           Parish
           .
        
         
           All
           Summons
           to
           be
           granted
           upon
           motion
           of
           the
           party
           or
           his
           Attorney
           ,
           (
           giving
           security
           to
           defray
           the
           charges
           of
           the
           party
           to
           be
           S●mmoned
           ,
           if
           his
           Action
           he
           not
           good
           ,
           or
           cause
           just
           )
           by
           the
           respective
           Registers
           ,
           their
           Clarks
           Assistants
           or
           Deputies
           ,
           in
           writing
           under
           their
           hands
           ,
           unto
           which
           of
           Apparance
           shall
           be
           given
           either
           in
           person
           or
           by
           Attorney
           ,
           the
           Cause
           is
           to
           proceed
           ;
           but
           if
           no
           Apparance
           shall
           be
           given
           ,
           a
           second
           Summons
           is
           to
           be
           granted
           under
           the
           seal
           of
           the
           Register
           ,
           to
           which
           if
           no
           Apparance
           shall
           be
           given
           ,
           Judgment
           shall
           be
           given
           the
           second
           day
           of
           Apparance
           ,
           and
           entred
           in
           the
           Court
           Registry
           ;
           and
           if
           agreement
           intervene
           not
           before
           the
           next
           Court
           day
           ,
           and
           be
           entred
           with
           the
           Register
           ,
           Execution
           shall
           be
           granted
           ,
           and
           the
           Registers
           seal
           put
           thereon
           ,
           not
           to
           be
           reversed
           or
           any
           appeal
           admitted
           .
        
         
           Two
           Vacations
           in
           the
           whole
           year
           to
           be
           in
           t●
           National
           Registry
           ,
           as
           to
           the
           trying
           of
           Causes
           ,
           
           the
           one
           from
           the
           first
           of
           December
           to
           the
           10th
           .
           of
           February
           ,
           and
           from
           the
           last
           day
           of
           May
           to
           the
           first
           day
           of
           September
           .
        
         
           But
           that
           Chaos-maker
           or
           good
           man
           ,
           if
           any
           one
           could
           find
           any
           cause
           or
           reason
           to
           call
           him
           so
           ,
           or
           some
           of
           his
           Partisans
           ,
           when
           they
           shall
           have
           remembred
           it
           themselves
           ,
           or
           have
           heard
           it
           from
           others
           ,
           that
           the
           Noble
           and
           innocent
           Earl
           of
           Strafford
           was
           by
           false
           witnesses
           and
           accusations
           ;
           remote
           and
           improbable
           inferences
           ,
           strained
           constructions
           ,
           and
           never
           like
           to
           happen
           consequences
           ,
           hunted
           to
           death
           upon
           a
           supposition
           of
           subverting
           the
           Laws
           ,
           when
           if
           it
           had
           been
           either
           possible
           or
           true
           ,
           it
           could
           upon
           an
           Accumulation
           of
           all
           ●his
           pretended
           Crimes
           have
           extended
           no
           farther
           then
           an
           endeavour
           to
           subvert
           one
           of
           our
           Fundamental
           Laws
           ,
           may
           be
           their
           own
           Judges
           ,
           convict
           and
           justly
           condemn
           themselves
           for
           unpardonable
           faults
           ,
           in
           seeking
           to
           subvert
           so
           many
           of
           our
           Fundamental
           Laws
           
             uno
             Ictu
          
           ,
           with
           one
           stroke
           ,
           and
           at
           once
           ,
           which
           they
           themselves
           ●ave
           sworn
           to
           maintain
           and
           defend
           .
        
         
         
           Notwithstanding
           all
           which
           
             Oliver
             Cromwell
          
           did
           so
           well
           understa●d
           his
           own
           interest
           and
           single-personship
           .
        
      
       
         
           CHAP.
           XVII
           .
           That
           neither
           Oliver
           Cromwell
           or
           his
           Son
           Richard
           ,
           the
           second
           mock
           Protector
           or
           little
           Highness
           ,
           did
           conceive
           it
           to
           be
           reasonable
           ,
           or
           had
           any
           intention
           to
           deliver
           up
           the
           Justice
           of
           the
           Nation
           to
           those
           ignorant
           giddy
           and
           ever
           changing
           kind
           of
           Refermations
           .
        
         
           ANd
           that
           the
           administration
           of
           Justice
           was
           a
           great
           end
           ,
           and
           one
           of
           the
           principal
           parts
           of
           Government
           ,
           and
           remembred
           that
           the
           
             men
             of
             Westminster
          
           (
           of
           which
           he
           was
           too
           great
           a
           member
           and
           director
           )
           calling
           themselves
           after
           the
           murther
           of
           the
           King
           ,
           
           a
           Parliament
           ,
           did
           the
           9th
           .
           day
           of
           February
           1648
           declare
           ,
           that
           
             they
             were
             fully
             resolved
             to
             maintain
             ,
             and
             should
             and
             would
             uphold
             ;
             preserve
             and
             keep
             the
             Fundamental
             Laws
             of
             this
             Nation
             ,
             for
             and
             concerning
             the
             
             preservation
             of
             the
             lives
             ,
             properties
             ,
             and
             liberties
             of
             the
             people
             ,
          
           
           
             with
             all
             things
             incident
             thereunto
          
           ,
           and
           required
           
             all
             Judges
             ,
             Justices
             ,
             Sheriffs
             ,
             Officers
             and
             Ministers
             of
             Justice
             to
             proceed
             in
             their
             respective
             places
             and
             offices
             accordingly
          
           ;
           and
           did
           the
           17th
           .
           day
           of
           Mar●h
           then
           next
           following
           ,
           declare
           ,
           
             That
             our
             Laws
             being
             duly
             executed
             ,
             are
             the
             most
             just
             ,
             free
             ,
             and
             equal
             of
             any
             other
             Laws
             in
             the
             world
             ,
             and
             that
             they
             were
             very
             sensible
             of
             the
             excellency
             ,
             great
             antiquity
             and
             equality
             of
             them
             ,
             and
             that
             the
             liberty
             ,
             property
             ,
             and
             peace
             of
             the
             Subjects
             were
             fully
             preserved
             by
             them
             ,
          
           did
           so
           little
           believe
           it
           to
           be
           for
           the
           good
           and
           honor
           of
           the
           Nation
           to
           hearken
           or
           yeild
           unto
           the
           product
           of
           those
           wind-mil
           ,
           giddy
           ,
           and
           vertiginous
           brains
           ;
           or
           by
           the
           perswasion
           of
           some
           idle
           and
           ridiculous
           Pamphlets
           ,
           written
           and
           contrived
           by
           such
           as
           would
           for
           their
           own
           advantages
           plow
           up
           the
           Laws
           and
           reasonable
           customes
           of
           the
           Kingdom
           ,
           to
           settle
           and
           set
           up
           a
           Weather-cock
           Government
           ridiculous
           to
           all
           other
           Nations
           ,
           as
           he
           did
           in
           his
           Speech
           to
           that
           which
           he
           called
           his
           Parliament
           upon
           his
           Dissolution
           of
           them
           the
           12th
           .
           day
           of
           September
           
           1654.
           declare
           ,
           that
           
             in
             every
             Government
             there
             must
             be
             somewhat
             fundamental
             ,
          
           
           
             somewhat
             like
             a
             Magna
             Charta
             that
             should
             be
             unalterable
             ,
             that
             some
             things
             are
             Fundamentals
             ,
             which
             he
             should
             deal
             plainly
             with
             them
             may
             not
             be
             parted
             with
             ,
             but
             were
             to
             be
             delivered
             over
             to
             posterity
             ,
             else
             every
             succeeding
             Parliament
             would
             be
             disputing
             to
             change
             and
             alter
             the
             Government
             ,
             and
             we
             shall
             be
             as
             often
             brought
             into
             Confusion
             as
             we
             have
             Parliaments
          
           ;
           and
           he
           and
           his
           Parliaments
           in
           the
           time
           of
           his
           hypocritical
           Government
           did
           so
           little
           relish
           the
           taking
           away
           of
           the
           process
           of
           Arrest
           and
           Utlary
           ,
           as
           they
           ordered
           only
           prisoners
           to
           be
           discharged
           out
           of
           prison
           ,
           if
           they
           made
           Oath
           that
           they
           were
           not
           worth
           five
           pounds
           after
           their
           Debts
           paid
           ,
           and
           undertake
           to
           pay
           their
           Debts
           when
           they
           should
           be
           better
           enabled
           ,
           which
           to
           procure
           their
           liberty
           ,
           made
           many
           lustily
           to
           Forswear
           themselves
           ,
           and
           had
           no
           great
           cause
           to
           be
           in
           love
           with
           their
           pretended
           Reformations
           ,
           when
           the
           fiery
           Mr.
           
             John
             Jones
          
           of
           Nayoth
           was
           after
           his
           abusing
           and
           rayling
           upon
           our
           Laws
           found
           guilty
           of
           deceits
           ,
           and
           committed
           by
           them
           a
           prisoner
           to
           the
           Fleet.
           
        
         
         
           And
           when
           in
           the
           year
           1653.
           or
           beginning
           of
           the
           next
           ensuing
           ,
           
           by
           an
           Act
           of
           Parliament
           had
           for
           the
           relief
           of
           Creditors
           ,
           constituted
           a
           Committee
           for
           London
           and
           the
           Suburbs
           thereof
           to
           sit
           at
           Salters-Hall
           ,
           and
           several
           other
           Committees
           in
           all
           the
           Counties
           of
           England
           and
           Wales
           ,
           and
           impowred
           them
           
             to
             be
             the
             only
             Judges
             ,
             though
             not
             Sworn
             ,
             to
             hear
             and
             determine
             matters
             of
             Debt
             ,
             and
             escape
             to
             fine
             for
             breach
             of
             trust
             and
             concealments
             ,
             imprison
             ,
             set
             at
             liberty
             ,
             remaund
             to
             prison
             ,
             adjudge
             to
             the
             Pillory
             ,
             or
             house
             of
             Correction
             ,
             grant
             ,
             lease
             ,
             or
             sell
             the
             Estates
             of
             the
             prisoners
             ,
             were
             to
             admit
             of
             no
             legal
             forms
             ,
             but
             proceed
             in
             a
             summary
             way
             ,
             and
             to
             be
             responsible
             to
             none
             but
             the
             Parliament
             ,
             and
             sell
             dead
             prisoners
             Estates
             as
             well
             as
             if
             they
             were
             living
             ,
             whether
             the
             Lands
             were
             Entailed
             or
             not
             .
          
           It
           was
           upon
           complaint
           of
           some
           prisoners
           of
           Note
           and
           Worth
           ,
           alledged
           and
           offered
           to
           be
           proved
           that
           one
           of
           those
           kind
           of
           
             Judges
             at
             Salters-Hall
             having
             two
             Brothers
             practising
             before
             that
             Committee
             ,
             the
             one
             as
             a
             Solicitor
             ,
             and
             the
             other
             as
             a
             Councellor
             at
             Law
             ,
             would
             bring
             his
             party
             with
             him
             ,
             whisper
             unto
             his
             Fellow-Judges
             ,
             
             arise
             from
             the
             Bench
             ,
             and
             go
             and
             sit
             by
             the
             Clark
             ,
             and
             make
             the
             Orders
             as
             he
             pleased
             and
             liked
             those
             his
             doings
             so
             well
             ,
             as
             he
             was
             heard
             to
             say
             he
             did
             not
             doubt
             but
             to
             make
             his
             place
             worth
          
           1000
           l.
           
             per
             Annum
             unto
             him
             before
             he
             had
             done
             with
             it
             ,
          
           and
           might
           be
           in
           good
           hopes
           of
           it
           ,
           when
           besides
           those
           his
           ungodly
           Extraordinaries
           ,
           large
           Salaries
           were
           allowed
           to
           him
           and
           his
           Brethren
           of
           that
           Committee
           for
           their
           Sons
           and
           Agents
           ,
           and
           the
           gain
           which
           they
           and
           their
           Confederates
           might
           have
           by
           the
           sale
           ,
           or
           indirect
           purchase
           thereof
           in
           other
           mens
           names
           ,
           that
           Committee
           were
           to
           have
           distributed
           amongst
           them
           
             two
             pence
             in
             the
             pound
             upon
             the
             sale
             of
             any
             prisoners
             Lands
             or
             Estates
             .
          
        
         
           The
           pretending
           Gospel-Improvers
           in
           South-wales
           had
           shut
           up
           most
           of
           the
           Churches
           ,
           
           and
           gathered
           in
           the
           mean
           time
           one
           hundred
           &
           fifty
           thousand
           pounds
           into
           their
           private
           purses
           ,
           and
           therefore
           both
           Oliver
           ,
           and
           
             Richard
             Cromwel
          
           ,
           &
           their
           Councel
           &
           Parliaments
           did
           only
           receive
           those
           unquiet
           Innovators
           Petitions
           ,
           and
           as
           they
           did
           in
           the
           determining
           of
           what
           should
           be
           Incumbrances
           
           fit
           to
           be
           put
           into
           a
           publick
           Registry
           ,
           or
           the
           taking
           away
           of
           Tythes
           make
           a
           shew
           of
           intending
           great
           matters
           ,
           when
           they
           only
           hung
           them
           upon
           long
           delay
           's
           ,
           and
           an
           everlasting
           deliberation
           ,
           never
           to
           be
           brought
           to
           any
           conclusion
           .
        
         
           And
           our
           Laws
           having
           thus
           long
           fought
           with
           Beasts
           like
           
             St.
             Paul
          
           at
           Ephesus
           ,
           might
           by
           his
           Majesties
           happy
           Restauration
           have
           given
           them
           no
           small
           assurance
           that
           they
           should
           have
           deserved
           some
           rest
           and
           tranquility
           ;
           but
           it
           seems
           as
           the
           wrongs
           done
           unto
           them
           were
           unrepented
           ,
           so
           were
           their
           patience
           and
           sufferings
           to
           be
           prolonged
           .
        
         
           And
           the
           professors
           of
           our
           ,
           or
           any
           other
           good
           Laws
           should
           not
           be
           so
           contemptible
           ,
           when
           that
           blessed
           Apostle
           could
           be
           no
           less
           than
           a
           Lawyer
           ,
           when
           he
           sate
           and
           had
           been
           Educated
           at
           the
           feet
           of
           Gamaliel
           ,
           and
           was
           afterwards
           by
           his
           Apostolical
           Office
           ,
           and
           great
           Endowments
           in
           all
           manner
           of
           Learning
           ,
           such
           a
           darling
           and
           beloved
           of
           God
           Almighty
           ,
           as
           he
           had
           in
           his
           life-time
           the
           inexpressible
           joyes
           and
           wonders
           of
           the
           Third
           Heaven
           communicated
           unto
           him
           ,
           
           when
           they
           were
           before
           ,
           and
           that
           time
           ,
           and
           long
           after
           in
           better
           Ages
           of
           such
           an
           esteem
           and
           usefulness
           amongst
           the
           wiser
           and
           better
           sort
           of
           man-kind
           ,
           as
           they
           were
           justly
           called
           
             Sacerdotes
             Justitiae
          
           ,
           Ministers
           that
           sacrificed
           for
           the
           people
           at
           the
           Altars
           of
           Justice
           ,
           their
           Houses
           were
           as
           Oracles
           ,
           to
           which
           they
           came
           for
           councel
           and
           advice
           ,
           and
           were
           accounted
           to
           be
           
             Laudabile
             genus
             hominum
          
           ,
           
           a
           praise-worthy
           kind
           of
           men
           ,
           and
           being
           secular
           men
           ,
           did
           
             in
             Campo
             Justitiae
             tanquam
             Athletae
             militare
             ,
          
           as
           their
           Champions
           labour
           to
           obtain
           Justice
           for
           their
           Clients
           ;
           but
           those
           abusers
           of
           our
           Laws
           and
           Lawyers
           were
           too
           much
           in
           love
           with
           their
           projects
           to
           forsake
           them
           ,
           and
           like
           .
        
      
       
         
           CHAP.
           XVIII
           .
           What
           occasioned
           the
           continuance
           of
           the
           former
           Projects
           ,
           and
           groundless
           Complaints
           against
           our
           Laws
           since
           his
           Majesties
           happy
           Restauration
           .
        
         
           THe
           Snakes
           had
           but
           cast
           their
           skins
           ,
           either
           for
           that
           the
           Fancies
           which
           had
           brooded
           in
           the
           heads
           of
           these
           troublers
           
           of
           our
           Israel
           had
           as
           
             lesae
             Imagi●nationes
          
           usually
           do
           in
           men
           opprest
           with
           Melancholly
           ,
           stuck
           so
           fast
           ,
           and
           brought
           them
           to
           such
           a
           habit
           or
           custom
           as
           they
           could
           not
           easily
           remove
           them
           ,
           or
           had
           a
           desire
           to
           maintain
           and
           uphold
           an
           heretofore
           contracted
           or
           espoused
           error
           ,
           or
           to
           add
           wrongs
           to
           wrongs
           ,
           least
           they
           whom
           they
           had
           so
           much
           abused
           should
           after
           seek
           to
           bring
           them
           under
           the
           censure
           and
           justice
           of
           those
           Laws
           which
           they
           had
           so
           much
           injured
           ,
           or
           were
           vexed
           that
           they
           had
           so
           unexpectedly
           lost
           their
           prey
           ,
           and
           the
           opportunities
           of
           building
           up
           again
           their
           Bethel
           ,
           where
           their
           Calves
           were
           well
           fed
           &
           worshipped
           for
           their
           seditious
           bleatings
           ,
           and
           were
           the
           more
           emboldned
           by
           his
           Majesties
           over-easie
           pardoning
           the
           wickedest
           Rebellion
           that
           ever
           was
           hatched
           in
           Hell
           ,
           and
           permitting
           all
           but
           some
           few
           not
           only
           to
           enjoy
           all
           their
           former
           real
           Estates
           ,
           and
           all
           their
           personal
           Estates
           ,
           which
           had
           been
           gotten
           by
           Blood
           ,
           and
           the
           Rapine
           and
           Depraedation
           of
           all
           the
           honest
           people
           in
           his
           Three
           Kingdoms
           ,
           but
           to
           creep
           into
           most
           of
           the
           profitable
           Employments
           of
           the
           Kingdoms
           of
           England
           and
           
           Ireland
           ,
           (
           which
           would
           better
           have
           been
           managed
           by
           his
           more
           honest
           and
           loyal
           Subjects
           )
           eat
           the
           Childrens
           bread
           ,
           and
           get
           all
           that
           could
           be
           any
           wayes
           gained
           or
           cozened
           from
           them
           .
        
         
           And
           too
           many
           of
           them
           have
           grown
           so
           impudent
           as
           to
           offer
           to
           palliate
           their
           wickedness
           by
           a
           base
           and
           senceless
           Equivocation
           to
           cover
           their
           Woolvish
           doings
           by
           the
           putting
           on
           of
           sheeps
           cloathing
           ,
           and
           make
           as
           many
           as
           could
           be
           so
           mad
           to
           believe
           it
           ,
           that
           they
           were
           always
           for
           the
           late
           King
           the
           Martyr
           ,
           and
           loved
           and
           honoured
           him
           ;
           as
           if
           those
           their
           great
           Armies
           that
           fought
           against
           him
           in
           the
           bloudy
           Battels
           at
           
             Edge-hill
             ,
             Marston-moor
          
           ,
           and
           Naseby
           ,
           took
           his
           Towns
           ,
           Castles
           ,
           and
           Garrisons
           ,
           Imprisoned
           and
           Murdered
           him
           ,
           were
           some
           invisible
           Fairies
           phantasms
           ,
           or
           spectres
           ;
           and
           became
           so
           much
           Elated
           in
           the
           success
           which
           they
           met
           with
           ,
           by
           getting
           as
           much
           or
           more
           by
           counterfeiting
           of
           Loyalty
           after
           their
           Rebellion
           ,
           as
           they
           did
           before
           in
           their
           acting
           and
           height
           of
           it
           as
           they
           hoped
           that
           they
           had
           now
           an
           opportunity
           put
           into
           their
           hands
           of
           accomplishing
           their
           wickedly
           
           designed
           works
           of
           Reformation
           preparative
           to
           a
           Republique
           ,
           some
           of
           their
           party
           being
           at
           this
           time
           ,
           so
           more
           then
           they
           should
           be
           confident
           of
           it
           as
           they
           keep
           in
           the
           expectation
           of
           their
           
             Good
             Old-Cause
          
           as
           they
           do
           dreamingly
           call
           it
           ,
           the
           Conveyances
           and
           Grants
           which
           they
           lately
           had
           of
           the
           Usurpers
           of
           the
           Kings
           ,
           Queens
           ,
           Bishops
           ,
           Deans
           and
           Chapters
           ,
           Nobility
           and
           Loyal
           Gentries
           Lands
           ,
           as
           any
           other
           Evidences
           of
           their
           Estates
           ,
           and
           do
           think
           it
           to
           be
           no
           bad
           exchange
           or
           bargain
           too
           ,
           give
           double
           or
           treble
           the
           value
           of
           some
           of
           
             Oliver
             Cromwell's
          
           gold
           or
           silver-Coyn
           as
           precious
           Reliques
           to
           put
           them
           in
           mind
           of
           that
           great
           Stork
           ,
           who
           if
           he
           had
           lived
           longer
           ,
           would
           have
           taught
           the
           Frogs
           what
           they
           were
           to
           expect
           of
           him
           ;
           &
           too
           many
           of
           that
           Tribe
           or
           silly
           perswasions
           have
           lately
           been
           emboldned
           publickly
           to
           offer
           to
           maintain
           the
           lawfulness
           of
           those
           their
           ungodliest
           of
           all
           Wars
           ,
           and
           might
           suppose
           themselves
           to
           be
           in
           no
           bad
           condition
           ,
           when
           they
           were
           not
           like
           the
           Gibeonites
           after
           they
           had
           deceived
           Joshua
           with
           their
           mouldy
           bread
           ,
           
           rent
           and
           tottered
           garments
           ,
           
           with
           old
           shooes
           ▪
           put
           to
           be
           
             ho●ers
             of
             Wood
          
           ,
           and
           
             drawers
             of
             Water
             for
             the
             House
             of
             God
          
           ;
           but
           whilst
           they
           were
           inwardly
           in
           their
           hearts
           and
           endeavours
           the
           greatest
           Enemies
           of
           it
           ,
           did
           eat
           of
           the
           ●at
           of
           the
           Flock
           ,
           and
           enrich
           themselves
           with
           the
           most
           profitable
           Offices
           and
           Preferments
           of
           the
           Kingdom
           ,
           and
           not
           only
           deceive
           the
           Kings
           loyal
           Subjects
           of
           their
           Blessing
           due
           to
           the
           Birth-right
           of
           their
           Allegiance
           ,
           
             and
             a
             priviledge
             inheritable
             to
             prosecute
             their
             actions
             and
             suites
             at
             the
             Common
             Law
             ,
          
           
           but
           of
           the
           benefit
           of
           their
           antient
           ,
           good
           ,
           and
           equitable
           Laws
           ,
           which
           is
           another
           part
           of
           their
           Inheritance
           ,
           and
           did
           therein
           worse
           then
           Jacob
           did
           by
           his
           Elder
           Brother
           Esau
           ,
           who
           did
           not
           loose
           all
           ,
           but
           had
           a
           Mess
           of
           Pottage
           for
           it
           .
        
         
           Or
           did
           in
           the
           pursuance
           of
           the
           former
           evil
           designes
           of
           themselves
           or
           their
           phantastical
           well-willers
           think
           it
           necessary
           to
           persecute
           our
           Laws
           by
           false
           suggestions
           ,
           out-cries
           ,
           scandals
           ,
           and
           clamours
           ,
           as
           Boyes
           have
           used
           to
           do
           in
           their
           hunting
           of
           Squirrels
           by
           noise
           and
           shoutings
           ,
           and
           to
           speed
           as
           well
           therein
           as
           they
           ,
           or
           many
           of
           the
           Rebellious
           
           rout
           did
           in
           their
           designes
           against
           Episcopacy
           ,
           &
           the
           Militia
           ,
           and
           to
           pull
           in
           pieces
           the
           Royal
           and
           ever
           to
           be
           approved
           Monarchical
           Government
           .
           Or
           some
           of
           the
           Stationers
           having
           some
           of
           those
           Pamphlet
           projects
           and
           squibs
           against
           Monarchy
           and
           Regal
           Government
           lying
           upon
           their
           hands
           unsold
           ,
           did
           to
           put
           them
           off
           in
           some
           approaching
           or
           sitting
           Parliaments
           of
           his
           Majesty
           ,
           cause
           a
           new
           date
           or
           Year
           of
           our
           Lord
           to
           be
           instead
           of
           that
           which
           was
           before
           (
           some
           of
           that
           society
           or
           company
           being
           so
           egregiously
           wicked
           ,
           as
           many
           Books
           have
           been
           sent
           abroad
           in
           a
           Masquerade
           in
           six
           or
           seven
           several
           Disguizes
           ,
           or
           new
           Dresses
           and
           Titles
           to
           abuse
           the
           people
           and
           cozen
           them
           of
           their
           money
           ;
           and
           a
           Primerhinder
           &
           a
           Stationer
           may
           be
           named
           if
           an
           undertaken
           ,
           to
           be
           proved
           Information
           do
           not
           prove
           to
           be
           otherwise
           ,
           that
           have
           caused
           the
           Pamphlet
           that
           carried
           the
           Device
           of
           Summons
           ,
           and
           banishing
           Arrests
           and
           Out-laries
           which
           had
           been
           long
           before
           published
           ,
           to
           be
           re-published
           or
           printed
           ,
           which
           like
           some
           Paper-kite
           with
           a
           lanthorn
           &
           candle
           in
           the
           taile
           or
           end
           of
           it
           had
           not
           
           long
           before
           made
           the
           men
           of
           Novelty
           and
           Ignorance
           stand
           at
           a
           gaze
           at
           it
           .
           And
           it
           hath
           since
           his
           Majesties
           happy
           Restauration
           been
           often
           observed
           ,
           that
           too
           many
           of
           that
           Trade
           and
           Faction
           have
           been
           very
           dull
           in
           the
           preferring
           as
           they
           c●ll
           it
           ,
           or
           offering
           to
           sale
           any
           Books
           which
           concerned
           the
           vindication
           of
           any
           of
           his
           Majesties
           Rights
           ,
           or
           the
           real
           good
           of
           his
           Subjects
           ,
           but
           have
           been
           nimble
           enough
           to
           promote
           the
           vent
           or
           putting
           off
           any
           Books
           which
           tended
           to
           Faction
           ,
           or
           the
           unhinging
           of
           the
           Government
           .
        
         
           Or
           the
           Witchcraft
           of
           their
           Rebellion
           had
           with
           their
           Ignorance
           so
           captivated
           their
           understandings
           (
           if
           ever
           they
           were
           Masters
           of
           any
           that
           tended
           to
           good
           )
           as
           to
           make
           them
           to
           be
           like
           too
           many
           of
           the
           Laplanders
           ,
           who
           are
           said
           to
           bequeath
           their
           
             Devils
             ,
             or
             evil
             Spirits
             to
             their
             Children
             ,
          
           
           
             or
             any
             who
             should
             succeed
             them
             ,
          
           more
           willing
           then
           they
           should
           be
           ,
           to
           transmit
           their
           sins
           and
           unquietness
           of
           Spirit
           unto
           all
           that
           would
           make
           any
           Title
           to
           their
           rude
           and
           indigested
           Opinions
           .
        
         
           Howsoever
           from
           some
           or
           all
           of
           these
           
           Causes
           ,
           not
           a
           few
           of
           the
           former
           wicked
           and
           never
           to
           be
           justified
           Principles
           ,
           ignorant
           and
           unwarrantable
           endeavours
           and
           complaints
           have
           since
           Monarchical
           Government
           ,
           and
           our
           Laws
           and
           Liberties
           were
           so
           happily
           restored
           ,
           sprung
           up
           again
           ;
           and
           no
           sooner
           was
           our
           David
           brought
           back
           over
           Jordan
           ,
           but
           many
           a
           railing
           ,
           cursing
           ,
           and
           rebellious
           Shimei
           that
           had
           done
           more
           then
           
             cast
             stones
          
           against
           him
           and
           his
           Royal
           Father
           ,
           
             made
             haste
             ,
             and
             came
             with
             the
             men
             of
             Juda
          
           and
           Loyal
           party
           to
           meet
           him
           ,
           and
           as
           if
           they
           had
           not
           remembred
           all
           the
           mischiefs
           which
           they
           had
           done
           unto
           him
           ,
           his
           Brethren
           ,
           Royal
           Father
           ,
           Family
           ,
           and
           good
           people
           ,
           pretended
           that
           they
           had
           been
           greatly
           instrumental
           in
           it
           ,
           and
           having
           gain'd
           a
           very
           large
           and
           extensive
           Act
           of
           general
           Pardon
           and
           Oblivion
           ,
           (
           which
           as
           to
           treason
           ,
           murder
           ,
           felony
           ,
           faction
           ,
           and
           rebellion
           ,
           the
           Loyal
           party
           needed
           not
           )
           an
           Act
           of
           Parliament
           for
           confirmation
           of
           what
           their
           abusive
           Courts
           of
           Justice
           had
           done
           in
           matters
           of
           Judicature
           betwixt
           party
           and
           party
           in
           the
           
             inter
             regnum
          
           ,
           and
           times
           of
           Usurpation
           ;
           and
           another
           Act
           of
           Parliament
           to
           
           make
           honest
           &
           free
           many
           Parents
           on
           earth
           from
           Adultery
           or
           Fornication
           ,
           and
           legitimate
           and
           un-bastar'd
           ▪
           many
           of
           their
           Children
           begotten
           in
           a
           wrong
           way
           of
           Marriage
           solemnized
           in
           despite
           of
           the
           Laws
           and
           our
           Church
           of
           England
           ,
           before
           a
           Justice
           of
           Peace
           ,
           not
           in
           a
           Church
           ,
           but
           an
           Hall
           ,
           Parler
           ,
           or
           Chamber
           ,
           where
           that
           kind
           of
           Magistrate
           was
           a
           Knight
           ,
           or
           Gentleman
           ,
           or
           many
           times
           in
           a
           Shop
           when
           he
           was
           a
           Trades-man
           ,
           which
           the
           Kings
           faithful
           Subjects
           abhorred
           ;
           and
           some
           of
           them
           having
           warmed
           themselves
           by
           the
           Farming
           of
           the
           Kings
           Revenue
           and
           those
           grand
           and
           ever
           to
           be
           detested
           Artifices
           of
           Advance
           and
           defalcation
           ,
           which
           have
           so
           much
           cankred
           ,
           decayed
           ,
           and
           ruined
           it
           ;
           and
           others
           that
           li●ed
           their
           consciences
           with
           plundrings
           and
           sequestrations
           ,
           and
           Committee
           ,
           ungodly
           Emoluments
           did
           fall
           again
           to
           their
           former
           Trade
           and
           Engines
           of
           subverting
           our
           Laws
           ,
           and
           turning
           the
           Justice
           of
           the
           Kingdom
           into
           their
           Abortive
           projects
           ,
           and
           new-found
           Politiques
           ,
           and
           hoped
           in
           the
           end
           to
           recompence
           the
           loss
           of
           their
           possesion
           of
           the
           Lands
           of
           the
           King
           ,
           Queen
           ,
           
           Prince
           ,
           Nobility
           ,
           Gentry
           ,
           Bishops
           ,
           Dean
           and
           Chapters
           ,
           which
           they
           having
           purchased
           at
           an
           easie
           rate
           ,
           were
           taken
           from
           them
           ,
           and
           enforced
           to
           be
           restored
           ;
           and
           their
           hopes
           of
           gaining
           the
           Lands
           and
           Endowments
           of
           the
           Universities
           and
           Colledges
           ,
           which
           by
           a
           failing
           of
           Providers
           ,
           and
           some
           mistakes
           as
           they
           wickedly
           thought
           of
           Divine
           Dispensations
           ,
           or
           some
           Errors
           of
           their
           new
           lights
           they
           had
           unexpectedly
           lost
           .
        
         
           And
           therefore
           summoned
           &
           got
           together
           their
           mis-apprehensions
           and
           Invectives
           against
           that
           antient
           ,
           very
           legal
           &
           rational
           custom
           of
           Fines
           to
           be
           Pay'd
           upon
           Original
           Writs
           where
           the
           Debt
           or
           Damage
           exceeded
           Forty
           Pounds
           ,
           which
           from
           the
           Year
           1651.
           unto
           his
           Majesties
           happy
           Return
           unto
           his
           Throne
           ,
           had
           by
           their
           Rebellions
           and
           ungrounded
           clamors
           against
           the
           payment
           of
           them
           ,
           to
           make
           a
           mis●lead
           people
           the
           more
           willing
           and
           able
           to
           continue
           and
           contribute
           to
           a
           War
           against
           their
           consciences
           and
           eternal
           happiness
           been
           taken
           away
           ,
           or
           laid
           to
           sleep
           .
        
         
           In
           order
           whereunto
           in
           a
           Book
           Entituled
           
           the
           Wants
           of
           England
           Printed
           in
           the
           year
           1667.
           it
           was
           among
           other
           things
           offered
           to
           the
           consideration
           of
           both
           Houses
           of
           Parliament
           ,
           that
           
             according
             to
             the
             law
             of
             God
             and
             other
             Christian
             States
             ,
             Christian
             clemency
             ,
             gentleness
             and
             mercy
             ,
             and
             the
             antient
             Laws
             and
             Customes
             of
             this
             Kingdom
             ,
             no
             person
             be
             for
             any
             new
             debt
             cast
             in
             prison
             ,
             but
             be
             left
             at
             liberty
             to
             work
             out
             his
             Debt
             by
             industry
             .
          
        
         
           
             In
             the
             year
             1669.
             a
             Petition
             was
             exhibited
             to
             the
             King
             and
             both
             Houses
             of
             Parliament
             ,
             that
          
           in
           Actions
           of
           Debt
           there
           may
           be
           no
           Arrest
           or
           Imprisonment
           of
           the
           Debtors
           Body
           ,
           but
           a
           Summons
           made
           at
           his
           House
           ,
           or
           hung
           at
           his
           door
           ,
           and
           for
           want
           of
           an
           Appearance
           his
           Goods
           and
           real
           Estate
           to
           be
           seized
           ,
           
             and
             the
             like
             in
             the
             year
             1671.
             
             And
             in
             the
             same
             Year
             a
             Bill
             for
             an
             Act
             of
             Parliament
             was
             with
             great
             Importunity
             desired
             for
          
           the
           Registring
           of
           all
           Incumbrances
           of
           Land
           ,
           and
           of
           all
           Debts
           and
           Ingagements
           ,
           
             then
             which
             nothing
             could
             have
             more
             undone
             the
             greatest
             part
             of
             an
             Impoverished
             Nobility
             and
             Gentry
             by
             the
             late
             Wars
             ,
             and
             Taxes
             nor
             any
             thing
             more
             have
             Bankrupted
             
             Citizens
             and
             Trades-men
             ,
             whose
             Estates
             do
             consist
             in
             a
             great
             deal
             more
             in
             Credit
             and
             Opinion
             ,
             than
             in
             reality
             and
             substance
             .
             But
             the
             promoters
             of
             those
             Innovations
             who
             endeavoured
             to
             pull
             in
             pieces
             our
             wellestablished
             Laws
             concerning
             Arrests
             and
             Outlaries
             ,
             did
             in
             those
             their
             Attempts
             speed
             no
             better
             then
          
           Balaak
           
             the
             King
             of
          
           Moab
           
             did
             by
             sending
             for
          
           Balaam
           
             to
             curse
             the
             children
             of
          
           Israel
           ,
           
             when
             notwithstanding
             his
             Erecting
             of
             several
             Altars
             ,
             and
             all
             his
             solicitations
             and
             promisses
             of
             Rewards
             ,
             he
             could
             not
             hinder
             him
             from
             blessing
             instead
             of
             cursing
             them
             ,
             for
             the
             wisdom
             of
             the
             King
             and
             Parliament
             ,
             and
             his
             Privy
             Councel
             did
             think
             it
             to
             be
             more
             for
             the
             good
             of
             the
             people
             to
             suspend
             their
             desires
             and
             Devises
             ,
             until
             the
             King
             might
             understand
             that
             there
             could
             be
             any
             reason
             ,
             cause
             ,
             or
             ground
             to
             alter
             or
             forsake
             the
             old
             Fundamental
             Laws
             ,
             so
             for
             many
             Ages
             well
             approved
             to
             comply
             with
             their
             humors
             &
             ill
             designes
             ,
             but
             being
             willing
             to
             give
             what
             reasonable
             content
             he
             could
             to
             that
             small
             complaining
             part
             of
             the
             people
             without
             pre●judice
             &
             damage
             to
             the
             universality
             &
             greater
             number
             of
             his
             Subjects
             ,
             did
             as
             the
             fittest
             expedient
             ,
             and
             all
             that
             the
             Law
             could
             
             permit
             ,
             and
             his
             reason
             and
             Soveraignty
             perswade
             him
             to
             do
             for
             the
             allaying
             that
             distemper
             which
             had
             seised
             upon
             a
             sort
             of
             ignorant
             ,
             seditious
             ,
             &
             unquiet
             spirited
             people
             whom
             no
             reason
             can
             satisfie
             ,
             but
             would
             set
             up
             their
             new
             devices
             which
             are
             never
             like
             to
             perform
             their
             Promises
             and
             Intendments
             .
             And
             needed
             not
             (
             as
             touching
             the
             taking
             away
             of
             the
             Process
             of
             Arrest
             &
             Utlary
             )
             to
             have
             troubled
             his
             Majesty
             and
             Parliament
             ,
             and
             themselves
             and
             others
             with
             such
             unwholsom
             and
             improbable
             Remedies
             for
             that
             which
             their
             Ignorance
             and
             Vain
             Imaginations
             only
             told
             them
             were
             Grievances
             ,
             but
             should
             rather
             have
             acquiesced
             in
             a
             due
             consideration
             that
             his
             Majesty
             did
             not
             hold
             it
             to
             be
             agreeable
             to
             Justice
             to
             abolish
             the
             Process
             of
             Arrest
             or
             Outlary
             ,
             or
             to
             change
             or
             take
             away
             the
             Fundamental
             Lawes
             which
             established
             or
             allowed
             of
             those
             Antient
             and
             legal
             kindes
             of
             Law
             proccedings
             as
             grant
             in
             the
             Year
             of
             our
             Lord
             1664.
             by
             the
             advice
             of
             his
             Privy
             Councel
             his
             Commission
             for
             the
             relief
             of
             Poor
             and
             Distressed
             Prisoners
             ,
             under
             the
             Great
             Seal
             of
          
           England
           
             to
             the
             Arch-Bishop
             of
          
           Canterbury
           ,
           
             Bishops
             of
          
           London
           ,
           Winchester
           ,
           Rochester
           ,
           
           
             Lord
             Mayor
             of
          
           London
           
             for
             the
             time
             being
             ,
             Judges
             and
             Justices
             of
             the
             Courts
             of
             Kings
             Bench
             ,
             Master
             of
             the
             Rolls
             Judges
             of
             the
             Court
             of
             Common
             Pleas
             ,
             Barons
             of
             the
             Exchequer
             ,
             Chancellor
             of
             the
             Dutchy
             of
          
           Lancaster
           ,
           
             Masters
             of
             Requests
             ,
             and
             Chancery
             ,
             Attorney
             and
             Sollicitor-General
             ,
             and
             Attorney
             of
             the
             Dutchy
             of
          
           Lancaster
           ,
           
             Deans
             of
          
           St.
           Paul
           ,
           &
           Westminster
           ,
           
             Lieutenant
             of
             the
             Tower
             of
          
           London
           ,
           
             Bishops
             ,
             Chancellors
             ,
             with
             the
             Advocats
             of
             the
             Court
             of
             the
             Arch
             Bishops
             of
          
           Canterbury
           ,
           
             and
             Bishop
             of
          
           London
           
             for
             th●
             time
             being
          
           ,
           &c.
           
             and
             divers
             other
             Commissioners
             therein
             named
             ,
          
           to
           call
           before
           them
           such
           Prisoners
           and
           their
           Creditors
           in
           and
           upon
           Actions
           of
           Debt
           ,
           Gase
           ,
           Trespasses
           ,
           Trover
           ,
           Detinue
           ,
           or
           other
           Personal
           Actions
           ,
           Judgements
           and
           Executions
           whatsoever
           thereupon
           ,
           and
           to
           treat
           for
           Compositions
           and
           Agreements
           ,
           (
           some
           of
           the
           Judges
           of
           the
           Court
           out
           of
           which
           such
           prisoners
           have
           been
           committed
           to
           be
           privy
           to
           such
           Compositions
           and
           Agreements
           )
           to
           the
           end
           that
           the
           said
           Prisoners
           night
           be
           relieved
           ,
           and
           have
           such
           reasonable
           years
           ,
           dayes
           and
           times
           of
           payment
           for
           such
           debts
           and
           damages
           
           as
           they
           shall
           not
           be
           presently
           able
           to
           satisfie
           ,
           and
           with
           such
           Security
           for
           payment
           thereof
           ,
           as
           in
           equity
           and
           good
           Conscience
           ,
           having
           respect
           to
           the
           ability
           of
           the
           Prisoners
           ,
           and
           charge
           of
           Wife
           and
           Children
           ,
           and
           other
           incidents
           to
           pious
           Cases
           considered
           :
           And
           if
           any
           Creditor
           should
           refuse
           to
           appear
           before
           them
           ,
           the
           Commissioners
           
             were
             impowred
          
           to
           punish
           them
           ,
           and
           take
           such
           Order
           for
           their
           Appearance
           as
           they
           should
           think
           meet
           ,
           and
           to
           use
           all
           lawful
           wayes
           to
           make
           them
           take
           such
           reasonable
           Compositions
           as
           to
           any
           Three
           or
           more
           of
           them
           should
           be
           thought
           meet
           .
           
             And
             his
             Majesty
             therein
             Declared
          
           ,
           that
           his
           meaning
           was
           to
           be
           aiding
           and
           assisting
           with
           his
           Grace
           and
           Fa●vour
           to
           the
           misery
           and
           calamity
           of
           such
           as
           be
           truly
           poor
           and
           distressed
           ;
           and
           not
           unto
           such
           as
           lye
           in
           Prison
           rather
           of
           wilfulness
           and
           obstinacy
           ,
           and
           out
           of
           a
           resolution
           to
           retain
           large
           and
           ample
           Estates
           to
           themselves
           ,
           
             and
             therefore
          
           straightly
           charged
           the
           said
           Commissioners
           to
           be
           very
           vigilant
           and
           circumspect
           therein
           ;
           
             and
             did
             in
             the
             said
             Commission
             mention
             that
             Queen
          
           Elizabeth
           
             did
             upon
             the
             supplication
             of
             the
             Prisoners
             in
             the
             Prisons
             of
             the
          
           Fleet
           ,
           and
           Kings
           Bench
           
             in
             the
             
             Eight
             and
             twentieth
             Year
             of
             her
             Reigne
          
           Authorize
           certain
           
             Commissioners
             under
             the
             Great
             Seal
             of
          
           England
           for
           the
           ordering
           and
           compounding
           of
           the
           Controversies
           and
           Causes
           between
           the
           distressed
           Prisoners
           and
           their
           Creditors
           ,
           and
           such
           others
           by
           whom
           tbey
           were
           detained
           Prisoners
           ,
           or
           in
           Execution
           ,
           and
           contined
           the
           said
           Commission
           nntil
           her
           Decease
           .
           And
           that
           King
           James
           being
           informed
           that
           certain
           Clauses
           in
           the
           said
           Commission
           were
           Derogatory
           to
           the
           Common
           ▪
           Laws
           of
           England
           ,
           and
           that
           by
           colour
           of
           the
           said
           Commission
           which
           was
           intended
           for
           the
           Charitable
           relief
           of
           poor
           ,
           miserable
           ,
           and
           distressed
           Prisoners
           ,
           certain
           refractory
           and
           obstinate
           Debtors
           which
           rather
           wanted
           will
           then
           meanes
           to
           satisfie
           their
           just
           Debes
           ,
           took
           occasion
           to
           molest
           and
           trouble
           their
           Creditors
           ,
           did
           to
           prevent
           all
           occasions
           of
           Inconveniencies
           to
           his
           loving
           Subjects
           ,
           especially
           such
           as
           tended
           to
           the
           breach
           of
           his
           Laws
           ,
           forbear
           for
           many
           years
           to
           renew
           the
           said
           Commission
           ;
           and
           finding
           that
           his
           forbearance
           had
           wrought
           a
           good
           effect
           by
           discouraging
           obstinate
           and
           wilful
           Debtors
           that
           sought
           nothing
           more
           then
           Evasions
           to
           avoid
           the
           payment
           of
           their
           just
           
           Debts
           ,
           so
           also
           that
           for
           want
           of
           that
           ,
           or
           some
           other
           charitable
           course
           for
           the
           relief
           of
           such
           as
           were
           truly
           and
           indeed
           poor
           ,
           distressed
           ,
           and
           miserable
           ,
           and
           wanted
           meanes
           to
           satisfie
           their
           Creditors
           ,
           it
           had
           been
           occasion
           to
           pester
           and
           fill
           his
           Prisons
           with
           the
           bodies
           of
           such
           persons
           whose
           punishment
           could
           no
           way
           ava●l
           their
           Creditors
           ,
           but
           rather
           was
           an
           hindrance
           to
           the
           satisfaction
           of
           their
           Debts
           ,
           for
           that
           during
           the
           time
           of
           their
           restraint
           they
           were
           no
           wayes
           able
           to
           go
           about
           or
           attend
           their
           lawful
           business
           ,
           but
           must
           of
           force
           consume
           themselves
           and
           that
           little
           that
           they
           had
           miserably
           and
           in
           Prison
           ,
           did
           by
           his
           Commission
           under
           the
           Great
           Seal
           of
           England
           in
           the
           Sixteenth
           Year
           of
           his
           Reigne
           ,
           by
           the
           advice
           of
           the
           then
           Lord
           Chan●cellor
           of
           England
           ,
           and
           also
           of
           divers
           of
           his
           principal
           Judges
           of
           his
           Courts
           at
           Westminster
           ,
           authorize
           the
           Commissioners
           therein
           named
           to
           proceed
           according
           to
           the
           Tenor
           of
           the
           said
           Commission
           for
           the
           relief
           of
           the
           said
           poor
           Prisoners
           in
           the
           said
           Prisons
           ;
           and
           afterwards
           being
           informed
           that
           his
           said
           Commission
           had
           not
           taken
           that
           good
           Effect
           which
           was
           expected
           ,
           renewed
           the
           said
           Commission
           ,
           and
           thereby
           prescribed
           and
           directed
           such
           a
           
           moderate
           course
           as
           that
           neither
           the
           Insolence
           of
           wilful
           and
           obstinate
           Debtors
           should
           be
           thereby
           incouraged
           to
           the
           derogation
           of
           his
           Laws
           ,
           nor
           yet
           his
           Grace
           and
           Clemency
           be
           wanting
           unto
           such
           to
           whom
           it
           should
           be
           meet
           to
           Extend
           the
           same
           ,
           did
           upon
           the
           humble
           suite
           of
           the
           distressed
           Prisoners
           in
           the
           Prisons
           of
           the
           Marshalsea
           and
           other
           Prisons
           in
           and
           about
           the
           Cities
           of
           London
           and
           Westminster
           ,
           and
           the
           places
           near
           adjoyning
           to
           the
           same
           ,
           whose
           Cases
           were
           as
           much
           to
           be
           commiserated
           and
           lamented
           ,
           as
           the
           said
           Prisoners
           in
           the
           said
           Prisons
           of
           the
           
             Kings
             Bench
             ,
             and
             the
             Fleet
             ,
          
           by
           another
           Commission
           under
           the
           Great
           Seal
           of
           England
           in
           the
           Two
           and
           twentieth
           Year
           of
           his
           Reigne
           authorize
           certain
           Commissioners
           therein
           named
           for
           the
           Ordering
           and
           Compounding
           of
           the
           Causes
           of
           the
           distressed
           Prisoners
           in
           the
           Prisons
           within
           the
           places
           aforesaid
           ;
           and
           that
           his
           Majesties
           Royal
           Father
           did
           by
           Two
           several
           Commissions
           under
           the
           Great
           Seal
           of
           England
           ,
           the
           one
           bearing
           Date
           in
           the
           Fourth
           Year
           of
           his
           Reigne
           ,
           and
           the
           other
           in
           the
           Sixth
           ,
           impower
           divers
           Persons
           therein
           named
           ,
           to
           the
           same
           or
           the
           like
           purpose
           .
        
         
         
           Nevertheless
           the
           
             Good
             Old
             Cause
          
           (
           as
           they
           are
           pleased
           to
           mis●name
           it
           )
           with
           all
           its
           hypocritical
           tricks
           of
           State
           must
           not
           by
           any
           meanes
           be
           abandoned
           ,
           but
           they
           which
           did
           so
           much
           adore
           that
           Empusa
           or
           Witch
           called
           the
           Publique
           Faith
           which
           (
           like
           the
           
             Golden
             Calf
          
           made
           by
           the
           Idolatrous
           children
           of
           Israel
           )
           helped
           them
           to
           great
           store
           of
           money
           ▪
           plate
           ,
           and
           Rings
           ,
           to
           furnish
           out
           and
           maintain
           a
           Rebellion
           ,
           could
           not
           now
           forbear
           to
           be
           as
           violent
           as
           they
           could
           to
           pull
           Down
           the
           ever
           to
           be
           re●spected
           and
           honoured
           better
           
             Publiqe
             Faith
          
           and
           Justice
           of
           the
           Nation
           ,
           and
           Disturb
           his
           Majesty
           &
           his
           subordinate
           Judges
           &
           Magistrates
           in
           the
           administration
           thereof
           ,
           and
           therefore
           some
           Synon
           or
           Trojan
           horse
           was
           of
           necessity
           to
           be
           made
           use
           of
           or
           introduced
           under
           a
           colour
           of
           publique
           Good
           ,
           or
           some
           stratagem
           or
           mine
           prepared
           to
           accomplish
           that
           by
           cunning
           and
           circumvention
           which
           by
           suit
           or
           force
           of
           Law
           ,
           reason
           ,
           and
           arguments
           they
           could
           not
           before
           be
           able
           to
           obtain
           ,
           and
           for
           that
           had
           as
           they
           thought
           a
           pattern
           or
           way
           cut
           or
           chalked
           out
           by
           the
           before-mentioned
           
             S.
             D.
          
           and
           some
           
           of
           his
           levelling
           Clerks
           and
           Attornies
           associating
           with
           him
           in
           their
           aforesaid
           proposals
           presented
           to
           the
           Committee
           for
           Regulation
           of
           the
           Laws
           in
           the
           year
           1650
           ▪
           wherein
           they
           alledged
           that
           
             what
             they
             had
             proposed
             was
             not
             that
             the
             Writ
             of
             Capias
             should
             be
             taken
             away
             first
             ,
          
           
           
             but
             humbly
             conceived
             that
             it
             would
             be
             better
             by
             finding
             out
             nearer
             and
             cheaper
             wayes
             to
             bring
             the
             old
             road
             to
             be
             neglected
             ▪
             then
             to
             deprive
             the
             suitors
             of
             the
             Old
             before
             they
             can
             have
             experience
             of
             the
             new
             ;
             and
             it
             was
             only
             proposed
             by
             way
             of
             supplement
             not
             to
             take
             away
             the
             antient
             course
             of
             proceeding●
             by
             way
             of
             Capias
             ,
             and
             ●●igent
             if
             the
             case
             shall
             require
             it
             .
          
        
      
       
         
         
           CHAP.
           XIX
           .
           That
           the
           Proceedings
           at
           the
           Common
           Law
           desired
           by
           the
           new
           way
           of
           a
           peremptory
           Summons
           ,
           or
           the
           old
           by
           Writs
           of
           Summons
           ,
           Pone
           ,
           and
           Distringas
           ,
           or
           Writs
           of
           Capias
           at
           the
           Plaintiffs
           pleasure
           are
           not
           consistent
           or
           agreeable
           one
           with
           the
           other
           ,
           and
           that
           Laws
           being
           to
           be
           binding
           are
           to
           be
           certain
           and
           positive
           ,
           not
           Arbitrary
           .
        
         
           BUt
           such
           a
           
             State
             Essay
          
           ,
           Bill
           of
           Comprehension
           ,
           or
           rather
           Contradiction
           ,
           whether
           the
           antient
           legal
           and
           rational
           usage
           and
           custome
           of
           proceedings
           in
           the
           Law
           by
           Writs
           of
           Summons
           ,
           pone
           and
           Distress
           to
           be
           legaly
           executed
           by
           Sheriffs
           where
           the
           Defendant
           hath
           a
           visible
           and
           certain
           Estate
           ,
           which
           for
           Expedition
           of
           Justice
           ,
           have
           by
           alteration
           of
           Times
           ,
           Increase
           of
           Trade
           ,
           and
           a
           necessity
           of
           Law
           and
           Reason
           not
           been
           so
           much
           used
           as
           heretofore
           it
           was
           ,
           and
           is
           not
           yet
           forbidden
           by
           any
           Act
           of
           Parliament
           ,
           or
           Rule
           of
           Law
           ,
           and
           the
           process
           of
           Capias
           
           and
           Arrest
           which
           ▪
           for
           many
           Ages
           past
           have
           not
           only
           been
           allowed
           and
           approved
           by
           this
           Nation
           ,
           but
           the
           greatest
           (
           if
           not
           all
           )
           of
           the
           civilized
           part
           of
           Mankind
           as
           a
           principal
           incident
           essential
           and
           necessary
           
             sine
             qua●
             non
          
           in
           the
           distribution
           of
           Justice
           where
           the
           Defendant
           hath
           not
           a
           visible
           Estate
           to
           secure
           him
           from
           the
           Sheriffs
           Return
           of
           a
           
             Nihil
             habet
          
           is
           a
           Fugitive
           ,
           or
           likely
           to
           be
           such
           a
           one
           ,
           or
           is
           not
           to
           be
           found
           ,
           and
           hath
           nothing
           but
           his
           body
           to
           be
           a
           pledg
           or
           security
           ,
           that
           he
           will
           
             Judicio
             sis●i
             &
             judicatum
             solvere
          
           ,
           or
           that
           the
           process
           of
           Exigent
           in
           order
           to
           an
           U●●ary
           ,
           which
           without
           〈…〉
           causing
           the
           U●●ary
           it self
           ,
           do
           offer
           a
           lesser
           violence
           to
           the
           person
           of
           a
           Defendant
           then
           the
           Writ
           of
           Capias
           doth
           ,
           can
           by
           any
           rule
           of
           〈◊〉
           reason
           be
           exchanged
           for
           peremptory
           Summons
           and
           sei●ures
           ,
           or
           can
           be
           for
           the
           good
           of
           the
           people
           ,
           to
           cause
           them
           to
           tear
           and
           tire
           one
           another
           〈◊〉
           abundance
           of
           charges
           delayes
           ,
           and
           〈◊〉
           in
           a
           Cirque
           or
           Circle
           of
           Law
           contentions
           ,
           who
           will
           certainly
           when
           they
           shall
           find
           the
           sad
           effects
           or
           event
           of
           it
           not
           think
           themselves
           
           well
           used
           to
           be
           decayed
           ,
           or
           inticed
           to
           abandon
           their
           own
           good
           Laws
           for
           such
           new
           and
           troublesom
           devices
           ▪
           which
           may
           be
           to
           as
           little
           avail
           as
           to
           renounce
           skilful
           ,
           able
           ,
           and
           honest
           physitians
           to
           drive
           a
           trade
           with
           ignorant
           Empericks
           and
           Mountebanks
           when
           they
           are
           not
           sick
           ,
           or
           need
           them
           ,
           and
           may
           time
           enough
           believe
           that
           such
           a
           Novel
           way
           of
           
             peremptory
             Summons
          
           hath
           so
           many
           symptomes
           or
           markes
           of
           Evil
           upon
           it
           ,
           and
           so
           easily
           discernable
           as
           their
           gaine
           by
           it
           will
           be
           no
           more
           then
           to
           receive
           a
           Scorpion
           instead
           of
           a
           Fish
           ,
           or
           to
           have
           Co●quintid●
           put
           into
           their
           pottage
           pot
           ;
           and
           they
           that
           are
           so
           fond
           of
           it
           ,
           and
           willing
           to
           pro●uce
           such
           a
           mischief
           rather
           then
           a
           blessing
           for
           their
           fellow-subjects
           might
           have
           forecasted
           that
           evils
           are
           most
           commonly
           according
           to
           corrupt
           Nature
           better
           welcom
           ,
           and
           more
           likely
           to
           receive
           entertainment
           then
           good
           ,
           and
           do
           by
           their
           novelty
           or
           correspondence
           with
           bad
           humors
           ,
           designes
           ,
           our
           interests
           too
           often
           seize
           upon
           or
           inveagle
           the
           greatest
           and
           less
           prudential
           part
           of
           the
           people
           when
           cheapness
           or
           a
           pretence
           of
           expedition
           shall
           be
           some
           of
           the
           perswaders
           
           unto
           that
           which
           can
           arrive
           to
           no
           better
           a
           construction
           or
           event
           then
           to
           make
           the
           Law-maker
           and
           Soveraigne
           advising
           with
           his
           Two
           Houses
           of
           Parliament
           so
           incertain
           of
           the
           ●equel
           or
           product
           hereof
           as
           to
           make
           one
           part
           of
           the
           Law
           rep●al
           another
           at
           the
           pleasure
           of
           every
           particular
           man
           ,
           and
           to
           Enact
           it
           as
           Adiaphorous
           ,
           or
           indifferent
           this
           way
           or
           that
           way
           ,
           whe●
           a
           very
           long
           course
           of
           time
           and
           experience●
           and
           the
           approbation
           of
           so
           many
           Laws
           and
           Ages
           past
           do
           record
           and
           witness
           the
           excellency
           of
           that
           which
           some
           busie
           〈◊〉
           would
           have
           to
           be
           exchanged
           for
           〈…〉
           and
           seminary
           of
           not
           to
           be
           expressed
           Inconveniences
           and
           Mischiefs
           ,
           and
           such
           a
           device
           or
           fancied
           alteration
           cannot
           with
           our
           a
           Prophenity
           〈…〉
           it
           perswade
           ▪
           the
           most
           sanguine
           and
           easily
           credulous
           that
           it
           can
           be
           equally
           and
           fully
           as
           good
           as
           the
           other
           ,
           or
           render
           it
           to
           be
           indifferent
           ,
           or
           give
           any
           absolute
           or
           infallible
           assurance
           ▪
           that
           those
           likely
           hopes
           will
           ever
           bring
           them
           to
           their
           promised
           success
           ,
           and
           if
           it
           be
           not
           to
           be
           ranked
           amongst
           the
           indifferents
           ,
           must
           be
           either
           better
           then
           the
           former
           antient
           
           courses
           which
           none
           have
           yet
           experimented
           ,
           or
           worse
           ,
           and
           then
           not
           at
           all
           to
           be
           Imposed
           upon
           the
           people
           .
        
         
           For
           Laws
           being
           R●cti
           praeceptiones
           &
           pr●●i
           depulsiones
           alwayes
           intended
           by
           God
           and
           good
           men
           to
           advance
           that
           which
           is
           good
           ,
           and
           suppress
           that
           which
           is
           bad
           ,
           
             Aequum
             ab
             iniquo
             &
          
           licitum
           ab
           illicito
           separare
           ,
           and
           to
           discern
           and
           divide
           betwixt
           good
           and
           evil
           ,
           and
           said
           to
           be
           Laws
           a
           ligando
           ,
           and
           to
           be
           properly
           no
           Laws
           if
           not
           Obligatory
           and
           binding
           ,
           are
           to
           be
           certain
           and
           positive
           ,
           not
           Arbitrary
           as
           unto
           those
           which
           ought
           to
           obey
           them
           ,
           and
           as
           much
           as
           right
           reason
           will
           permit
           Immutable
           ,
           especially
           if
           deduced
           from
           the
           dictates
           of
           nature
           ,
           as
           that
           of
           the
           preserving
           the
           Authority
           of
           Courts
           of
           Justice
           and
           their
           administration
           of
           it
           ,
           are
           to
           those
           that
           seek
           for
           help
           in
           the
           maintaining
           or
           recovery
           of
           just
           rights
           and
           Properties
           ,
           but
           not
           to
           be
           ambiguous
           in
           certain
           latitudinarian
           or
           indifferent
           ,
           for
           although
           there
           may
           be
           many
           who
           would
           be
           well
           enough
           content
           to
           be
           Judges
           of
           their
           own
           Causes
           ,
           and
           the
           Executioners
           of
           their
           own
           Decrees
           ,
           or
           if
           that
           would
           not
           be
           allowed
           ,
           
           would
           be
           〈…〉
           to
           hale
           men
           to
           Justice
           ,
           or
           by
           open
           clamours
           cry
           harow
           as
           the
           People
           of
           Normandy
           were
           antiently
           said
           to
           have
           done
           to
           their
           Duke
           Rollo
           when
           they
           cryed
           to
           him
           for
           Justice
           who
           was
           wont
           never
           to
           fail
           them
           ,
           which
           after
           a
           long
           process
           of
           Time
           gave
           us
           the
           Original
           of
           the
           word
           
             Hue
             and
             Cry
          
           yet
           much
           in
           use
           amongst
           us
           in
           matters
           of
           Felony
           .
           And
           the
           like
           was
           in
           the
           early
           days
           of
           the
           world
           not
           unusual
           amongst
           other
           Nations
           in
           their
           seeking
           to
           their
           Kings
           and
           Princes
           for
           redress
           of
           Wrongs
           before
           the
           more
           happy
           way
           of
           Establishing
           a
           fixed
           rule
           and
           course
           by
           Courts
           of
           Justice
           .
        
         
           Yet
           those
           their
           unfitting
           desires
           for
           such
           an
           Arbitrary
           Act
           and
           Indifferent
           Law
           ought
           to
           be
           allayed
           ,
           and
           the
           more
           safe
           and
           sure
           paths
           of
           Justice
           kept
           according
           to
           the
           patterns
           and
           direction
           of
           the
           best
           of
           Presidents
           ,
           for
           that
           God
           himself
           the
           wisest
           ,
           greatest
           ,
           and
           best
           of
           Legislators
           when
           he
           gave
           his
           righteous
           Laws
           to
           his
           people
           of
           Israel
           ,
           and
           commanded
           that
           
             a
             Neighbours
             rayment
             taken
             for
             a
             pledge
             should
             be
             restored
             unto
             him
             before
             the
             Sun
             go
             down
             for
             his
             covering
             to
          
           
           
           
             sleep
             in
          
           ,
           or
           the
           Command
           not
           to
           〈…〉
           
             the
             sentence
             of
             the
             Judge
          
           under
           no
           less
           penalty
           then
           
             the
             loss
             of
             life
          
           ,
           
           (
           from
           whence
           the
           reason
           and
           equity
           for
           every
           man
           to
           be
           obedient
           to
           the
           Authority
           of
           Courts
           of
           Justice
           in
           their
           legal
           Process
           may
           deduce
           its
           Original
           )
           was
           not
           left
           as
           a
           matter
           indifferent
           but
           absolute
           and
           positive
           .
        
         
           Where
           the
           Statute
           of
           Westminster
           〈…〉
           which
           giveth
           a
           Plaintiff
           his
           Election
           to
           ●ake
           his
           Execution
           upon
           a
           Recovery
           of
           a
           Debt
           by
           Writ
           of
           
             Fieri
             Facias
          
           ,
           
           or
           Elegit
           ,
           the
           plaintiff
           taking
           out
           his
           Elegit
           ,
           〈…〉
           enter
           it
           as
           he
           ought
           upon
           Record
           ,
           for
           that
           〈◊〉
           should
           be
           then
           debarred
           of
           any
           other
           remedy
           against
           the
           person
           of
           the
           Defendant
           by
           
             Capias
             〈◊〉
             a●iendu●●
          
           ,
           &
           a
           man
           cannot
           by
           Law
           have
           Two
           Writs
           of
           Scire
           〈◊〉
           at
           once
           in
           a
           Common
           persons
           case
           ,
           
           whereby
           to
           have
           Damages
           twice
           recovered
           against
           him
           .
           After
           an
           Elegit
           ,
           although
           the
           Sheriff
           return
           that
           he
           hath
           neither
           Lands
           or
           Goods
           ,
           
           the
           plaintiff
           shall
           not
           have
           an
           Execution
           against
           the
           Body
           ,
           
             a
             Capias
             ad
             satisfaciendum
          
           doth
           not
           lie
           after
           a
           
             Fieri
             Facias
          
           ,
           
           until
           a
           
             Nulla
             bona
          
           returned
           ,
           nor
           
             a
             Fieri
             
             Facias
          
           or
           Elegit
           after
           Imprisonment
           of
           the
           Defendants
           body
           .
        
         
           A
           Writ
           of
           Annuity
           purchased
           pending
           another
           ,
           
           was
           abated
           where
           two
           brought
           Writs
           of
           
             Quare
             Impedit
          
           one
           against
           the
           other
           returnable
           at
           one
           and
           the
           same
           day
           ,
           
           the
           one
           was
           discontinued
           ,
           and
           they
           pleaded
           upon
           the
           other
           ,
           
           in
           the
           Case
           between
           Bery
           and
           Heard
           in
           the
           Seventh
           Year
           of
           the
           Reign
           of
           King
           Charles
           the
           Martyr
           ,
           it
           was
           in
           the
           Court
           of
           Kings
           Bench
           adjudged
           ,
           that
           
             where
             a
             man
             had
             his
             Election
             to
             seek
             his
             Remedy
             by
             the
             Commou
             Law
             ,
             or
             by
             the
             Statute
             of
             Glocester
             that
             gave
             an
             Action
             of
             Wast●
             ,
             he
             could
             not
             do
             it
             by
             the
             one
             way
             and
             the
             other
             ,
          
           for
           our
           Laws
           and
           Courts
           of
           Justice
           would
           never
           allow
           a
           Plaintiff
           to
           have
           two
           Actions
           or
           Remedies
           for
           one
           and
           the
           same
           thing
           at
           the
           same
           time
           ,
           but
           were
           so
           careful
           to
           hinder
           it
           ,
           as
           they
           suffered
           discontinuance
           of
           Process
           and
           Pleas
           in
           Abatements
           where
           one
           Action
           was
           brought
           depending
           another
           for
           the
           same
           matter
           :
           
           And
           Bracton
           saith
           ,
           that
           
             where
             a
             man
             hath
             an
             Action
             depending
             ,
             and
             bringeth
             another
             for
             the
             same
             thing
             ,
          
           Cadit
           breve
           posterius
           ,
           
             the
             later
             is
             to
             
             be
             quashed
          
           ;
           agreeable
           whereunto
           at
           this
           day
           in
           Chancery
           where
           a
           man
           hath
           an
           Action
           depending
           at
           the
           Common
           Law
           ,
           and
           seeks
           relief
           in
           Chancery
           upon
           the
           same
           Account
           ,
           he
           is
           put
           to
           make
           his
           Election
           in
           which
           Court
           he
           will
           proceed
           .
        
         
           And
           therefore
           if
           such
           an
           Arbitrary
           Act
           of
           Parliament
           should
           be
           made
           to
           give
           the
           Plaintiffs
           their
           Election
           to
           proceed
           by
           the
           way
           of
           the
           new
           contrived
           way
           of
           peremptory
           Summons
           ,
           the
           former
           wayes
           of
           
             Summons
             ,
             Pone
          
           ,
           and
           Distrainings
           ,
           or
           Capias
           not
           being
           prohibited
           ,
           the
           proceeding
           by
           process
           of
           peremptory
           Summons
           ought
           to
           be
           entred
           in
           a
           Court
           of
           Record
           ,
           and
           entred
           may
           be
           more
           prejudicial
           to
           the
           Plaintiffs
           then
           they
           expected
           ,
           for
           if
           they
           cannot
           resort
           or
           return
           again
           to
           the
           former
           better
           wayes
           of
           proceedings
           ,
           they
           may
           find
           cause
           enough
           to
           repent
           of
           their
           being
           so
           fond
           of
           a
           new
           way
           ,
           when
           the
           old
           will
           appear
           to
           have
           been
           much
           better
           ,
           which
           to
           reverse
           or
           discontinue
           cannot
           be
           ,
           for
           the
           Interest
           of
           the
           King
           or
           his
           people
           ,
           when
           it
           shall
           have
           no
           better
           reason
           or
           foundation
           for
           it
           .
        
         
         
           For
           if
           the
           Proposers
           could
           give
           unto
           themselves
           or
           any
           of
           their
           fellow
           Subjects
           any
           assurance
           that
           it
           will
           be
           probably
           for
           their
           good
           and
           benefit
           ,
           yet
           if
           the
           King
           ,
           who
           is
           supreme
           and
           superiour
           to
           all
           the
           Judges
           in
           his
           Dominions
           ,
           were
           but
           a
           subordinate
           Judge
           ,
           
           he
           would
           as
           the
           Civil
           Law
           declareth
           ,
           transgress
           the
           rules
           of
           Justice
           and
           Right
           reason
           ,
           if
           he
           should
           follow
           
             opinionem
             probabilem
             relicta
             &
             rejecta
             probabiliori
             ,
          
           an
           opinion
           that
           is
           but
           probable
           ,
           when
           there
           is
           an
           opinion
           to
           the
           contrary
           more
           probable
           ;
           and
           
             S.
             D.
          
           and
           his
           then
           Confederates
           might
           have
           considered
           ,
           that
           a
           Process
           against
           the
           Goods
           and
           Chattcls
           of
           a
           Defendant
           ,
           is
           of
           a
           different
           nature
           from
           that
           which
           is
           against
           his
           Body
           ,
           that
           
             duo
             contradictoria
             non
             sint
             nec
             possunt
             esse
             simul
             vera
             ,
          
           contradictions
           neither
           do
           or
           can
           at
           one
           and
           the
           same
           time
           agree
           ;
           and
           that
           
             Practica
             sunt
             speculativis
             praeferenda
          
           ,
           what
           is
           in
           speculation
           of
           a
           possibility
           not
           at
           all
           experimented
           ,
           is
           to
           give
           place
           to
           that
           which
           with
           an
           universal
           or
           major
           part
           of
           a
           consent
           hath
           been
           long
           practised
           .
        
      
       
         
         
           CHAP.
           XXI
           .
           That
           it
           will
           not
           be
           for
           the
           Interest
           of
           the
           King
           or
           his
           Subjects
           to
           give
           way
           to
           that
           Design
           which
           may
           open
           a
           passage
           to
           other
           Innovations
           and
           Designes
           as
           much
           if
           not
           more
           inconvenient
           and
           prejudicial
           .
        
         
           FOr
           that
           all
           his
           good
           people
           by
           the
           sad
           and
           inexpressible
           calamities
           and
           miseries
           which
           they
           have
           lately
           endured
           by
           the
           Wars
           and
           Tumults
           unjustly
           raised
           against
           thc
           King
           and
           his
           Laws
           ,
           are
           not
           now
           to
           learn
           what
           a
           deep
           dyed
           hypocrisie
           and
           pretences
           for
           Reformation
           would
           have
           ,
           or
           to
           believe
           the
           evil
           consequences
           which
           have
           risen
           from
           a
           too
           much
           yielding
           to
           those
           popular
           humors
           ,
           which
           as
           that
           Royal
           Martyr
           hath
           in
           his
           Solitudes
           and
           Sufferings
           declared
           ,
           
             served
             to
             give
             life
             and
             strength
             to
             the
             almost
             infinite
             activity
             of
             those
             men
             who
             studied
             with
             all
             diligence
             and
             policy
             to
             improve
             their
             Innovating
             designes
             ,
          
           &
           how
           dangerous
           the
           permitting
           of
           Innovations
           would
           be
           ,
           &
           
           how
           careful
           all
           Princes
           and
           wise
           men
           have
           heretofore
           been
           to
           avoid
           them
           ;
           so
           that
           if
           there
           were
           nothing
           else
           to
           make
           the
           world
           out
           of
           love
           with
           them
           ,
           the
           never
           to
           be
           satisfied
           inquietude
           of
           many
           of
           that
           sort
           of
           people
           in
           the
           matter
           of
           Religion
           and
           Church-government
           ,
           and
           the
           swearing
           ,
           liking
           ,
           and
           shortly
           after
           disliking
           and
           hating
           the
           Solemn
           League
           and
           Covenant
           ,
           the
           by
           too
           many
           as
           it
           may
           be
           feared
           intended
           
             standing
             Rule
             of
             Rebellion
          
           ,
           and
           their
           unfixedness
           in
           every
           thing
           but
           their
           unwearied
           malice
           and
           ill
           designes
           against
           Monarchy
           and
           the
           present
           Government
           ,
           do
           and
           will
           abundantly
           proclaim
           that
           whatever
           hath
           been
           condiscended
           unto
           ,
           (
           and
           by
           that
           a
           measure
           may
           be
           taken
           of
           the
           Future
           in
           giving
           them
           a
           liberty
           to
           play
           the
           Fools
           with
           the
           Sacred
           Scriptures
           ,
           )
           hath
           but
           like
           the
           thirst
           ,
           and
           alwayes
           craving
           of
           an
           Hydropick
           sick
           person
           ,
           increased
           and
           provoked
           a
           desire
           of
           having
           more
           .
        
         
           Wherefore
           they
           that
           built
           upon
           such
           wicked
           principles
           of
           overturning
           the
           State
           and
           Regal
           Government
           are
           if
           they
           had
           any
           reason
           ,
           or
           were
           ever
           likely
           to
           have
           any
           
           for
           their
           demands
           to
           be
           content
           to
           be
           denyed
           until
           they
           shall
           have
           renounced
           those
           pernicious
           ends
           and
           dangerous
           Tenents
           and
           positions
           ,
           they
           began
           their
           works
           and
           deeds
           of
           darkness
           withall
           ,
           and
           shall
           have
           proved
           that
           Justice
           ought
           to
           have
           no
           Sword
           to
           defend
           and
           protect
           her self
           and
           others
           ,
           that
           Courts
           of
           Justice
           can
           be
           to
           any
           purpose
           without
           a
           certain
           power
           ,
           constraining
           &
           punishing
           Authority
           ,
           that
           the
           process
           of
           Arrest
           and
           Utlary
           are
           not
           incidents
           thereof
           ,
           and
           to
           be
           necessary
           Attendants
           thereupon
           ,
           that
           the
           Eternal
           and
           Almighty
           Law
           giver
           did
           not
           allow
           of
           that
           which
           the
           Greeks
           &
           Romans
           those
           great
           Ingrossers
           of
           wisdom
           ,
           after
           the
           many
           very
           many
           commotions
           of
           their
           people
           for
           their
           more
           severe
           way
           of
           enforcing
           the
           paymcnt
           of
           Debts
           ,
           performance
           of
           Contracts
           ,
           &
           preservation
           of
           the
           publick
           Faith
           ,
           and
           one
           man
           unto
           another
           ,
           which
           Tully
           held
           to
           be
           so
           very
           necessary
           ,
           
           as
           he
           was
           of
           opinion
           ,
           that
           
             nulla
             res
             vehementius
             rempublicam
             continet
             quam
             fides
             ,
          
           that
           nothing
           more
           concerns
           a
           Common-wealth
           then
           the
           keeping
           of
           Faith
           &
           Credit
           ,
           &
           therefore
           adviseth
           it
           by
           all
           meanes
           to
           be
           
           preserved
           and
           kept
           ,
           have
           acknowledged
           to
           be
           the
           best
           and
           most
           contenting
           Expedient
           for
           an
           obedience
           to
           Judges
           and
           Courts
           of
           Justice
           ,
           and
           the
           Civil
           Magistrates
           ,
           and
           that
           all
           the
           Essaies
           of
           an
           Indulgence
           to
           liberty
           made
           use
           of
           by
           some
           other
           Nations
           could
           never
           yet
           so
           far
           prevail
           as
           to
           make
           the
           most
           of
           the
           civilized
           Nations
           of
           the
           world
           not
           to
           continue
           and
           make
           use
           of
           it
           ,
           when
           time
           and
           a
           long
           usage
           have
           upon
           so
           great
           and
           undeniable
           grounds
           of
           right
           reason
           adjudged
           the
           process
           of
           Arrest
           and
           of
           Utlary
           also
           in
           case
           of
           reiterated
           contempts
           to
           be
           necessary
           not
           only
           to
           Trade
           &
           Commerce
           ,
           but
           to
           the
           supplying
           of
           mens
           necessities
           or
           occasions
           ,
           or
           the
           borrowing
           of
           money
           upon
           the
           pledge
           or
           pawn
           of
           the
           body
           ,
           or
           liberty
           ,
           and
           it
           hath
           through
           the
           greatest
           part
           of
           the
           world
           been
           
             ab
             omnibus
          
           ,
           
           
             &
             semper
             ,
             &
             ubique
             in
             praxi
             &
             observatione
             .
             Et
             cum
             consuetudo
             sit
             optima
             legum
             interpres
             &
             observantia
             cum
             praxi
             subsecuta
             ,
          
           when
           custome
           and
           long
           and
           constant
           experienced
           practices
           have
           followed
           the
           process
           of
           Arrest
           and
           Utlary
           may
           certainly
           deserve
           an
           Approbation
           ,
           which
           
           to
           alter
           ,
           or
           take
           away
           ,
           or
           turn
           out
           of
           the
           course
           or
           Channel
           in
           which
           it
           hath
           so
           long
           and
           happily
           ran
           ,
           can
           never
           answer
           the
           ends
           proposed
           ,
           or
           be
           valid
           and
           sufficient
           to
           perswade
           his
           Majesty
           and
           his
           Parliament
           to
           suffer
           so
           essential
           and
           great
           a
           part
           of
           the
           justice
           and
           happiness
           of
           his
           Kingdom
           to
           be
           sullied
           and
           exposed
           to
           all
           the
           designs
           ,
           fancies
           and
           mistakes
           of
           every
           one
           ,
           who
           by
           dislocating
           good
           and
           antient
           constitutions
           ,
           would
           furnish
           out
           their
           hopes
           of
           procuring
           new
           Offices
           or
           Imployments
           ,
           and
           deliver
           it
           up
           as
           a
           prisoner
           to
           all
           the
           Knavery
           and
           Folly
           of
           every
           one
           who
           shall
           be
           either
           willing
           to
           deceive
           ,
           or
           hath
           an
           Ignorance
           and
           Credulity
           easie
           to
           be
           deceived
           ,
           especially
           when
           he
           shall
           thereby
           give
           opportunities
           and
           advantages
           to
           the
           rich
           to
           oppress
           the
           poor
           ,
           and
           such
           as
           are
           in
           a
           weak
           or
           sinking
           condition
           of
           Estate
           ,
           put
           the
           Lamb
           under
           the
           merciless
           paws
           of
           the
           Bear
           or
           Lion
           ,
           snbject
           every
           mans
           credit
           by
           which
           he
           lived
           ,
           thrived
           ,
           and
           was
           snpported
           ,
           to
           the
           domineering
           and
           tyrannical
           humours
           ,
           pretences
           ,
           designs
           and
           cruelties
           of
           Usurers
           ,
           Brokers
           ,
           or
           stony-hearted
           Creditors
           ,
           who
           
           upon
           the
           advantage
           of
           some
           bargain
           ,
           contract
           ,
           or
           rigour
           of
           Law
           ,
           would
           rather
           ruine
           men
           and
           their
           wives
           ,
           children
           and
           families
           ,
           then
           give
           a
           little
           time
           of
           respite
           by
           a
           Christian
           patience
           and
           forbearance
           .
        
         
           Nor
           is
           it
           to
           be
           expected
           that
           his
           Majesty
           would
           be
           willing
           to
           kindle
           and
           continue
           contentions
           ,
           assist
           the
           knavish
           contrivances
           ,
           malice
           or
           revenge
           of
           such
           as
           shall
           seek
           to
           enrich
           themselves
           by
           working
           upon
           the
           fears
           or
           necessities
           of
           men
           indebted
           .
        
         
           And
           disparage
           the
           Wisdom
           of
           former
           Princes
           ,
           Parliaments
           ,
           and
           Ages
           ,
           and
           his
           own
           Authority
           ,
           to
           grant
           an
           alteration
           of
           so
           profitable
           and
           well
           approved
           constitutions
           and
           customs
           ,
           in
           order
           to
           the
           gratification
           of
           no
           body
           knoweth
           whom
           ,
           why
           ,
           or
           for
           what
           ,
           or
           what
           is
           designed
           to
           be
           the
           effect
           of
           such
           alterations
           ,
           by
           those
           who
           by
           a
           wicked
           combination
           with
           other
           Innovators
           ,
           may
           by
           a
           choice
           of
           severally
           managing
           the
           grand
           design
           and
           first
           intention
           of
           changing
           the
           Government
           ,
           make
           it
           their
           business
           to
           promote
           this
           as
           a
           part
           of
           it
           ,
           and
           an
           inset
           to
           the
           other
           designes
           and
           desires
           of
           the
           rest
           of
           the
           promoters
           of
           that
           which
           
           they
           called
           the
           
             Good
             Old
             Cause
          
           ,
           when
           it
           never
           deserved
           to
           be
           so
           accounted
           :
           And
           a
           Warwickshire
           Rebel
           ,
           and
           Gentleman
           of
           a
           good
           Estate
           and
           Quality
           ,
           before
           he
           was
           one
           of
           the
           murderers
           of
           his
           Majesties
           Royal
           Father
           ,
           was
           after
           that
           horrid
           fact
           committed
           ,
           heard
           publickly
           to
           say
           in
           the
           presence
           of
           a
           witness
           whose
           testimony
           is
           unquestionable
           ,
           that
           
             he
             thanked
             God
             that
             he
             had
             lived
             to
             see
             the
             ruine
             of
             Monarchy
             ,
             for
             it
             had
             been
             his
             design
             and
             endeavour
             for
             eight
             and
             thirty
             years
             then
             last
             past
             ,
             ever
             since
             he
             came
             from
          
           Geneva
           ;
           and
           another
           of
           that
           wicked
           party
           was
           not
           ashamed
           to
           say
           ,
           that
           
             they
             fought
             not
             for
             Religion
             ,
             but
             Estates
          
           ;
           and
           hath
           so
           sadly
           as
           he
           hath
           understood
           the
           secret
           and
           restless
           machinations
           of
           that
           kind
           of
           people
           ,
           and
           that
           his
           Blessed
           Father
           suffering
           multitudes
           of
           sorrows
           ,
           and
           troubles
           ,
           and
           a
           Martyrdom
           because
           he
           would
           not
           sacrifice
           the
           Laws
           of
           the
           Kingdom
           ,
           and
           Liberties
           of
           his
           people
           to
           an
           Arbitrary
           Power
           of
           his
           Murderers
           ,
           
           had
           reason
           enough
           to
           back
           and
           Fortifie
           his
           Resolution
           ,
           when
           he
           declared
           that
           
             he
             w●uld
             study
             to
             satisfie
             his
             Parliament
             
             and
             People
             ,
             but
             would
             never
             for
             fear
             or
             flattery
             gratifie
             any
             Faction
             how
             potent
             soever
             ,
             for
             that
             were
             to
             nourish
             the
             Disease
             ,
             and
             oppress
             the
             Body
             .
          
           
             Est
             enim
             virtus
             constans
             &
             perpetuum
             quid
             quod
             Justitia
             appellatur
             &
             quod
             perversis
             &
             deprevat●s
             hominum
             moribus
             &
             consuetudinibus
             nec
             potest
             ,
             
             nec
             debet
             unquam
             mutari
             .
          
        
         
           FINIS
           .
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A54680-e920
           
             Judges
             .
          
           
             Rot.
             Parl.
             33.
             
             H.
             6.
             
             M.
             1.
             
          
           
             42.
             
             E.
             3.
             cap.
             3.
             
          
           
             9.
             
             H.
             8.
             cap.
             14.
             
          
           
             13.
             
             E.
             1.
             cap.
             18.
             
          
           
             9.
             
             H.
             3.
             ca.
             9.
             
          
           
             Fleta
             .
             lib.
             cap.
             34.
             
          
           
             13.
             
             E.
             1.
             cap.
             30.
             
          
           
             Bracton
             .
             lib.
             2.
             de
             corona
             .
             cap.
             22.
             
          
        
         
           Notes for div A54680-e3630
           
             Clem.
             1.
             de
             Jud.
             
          
           
             Gail
             .
             1.
             obss
             .
             16.
             l.
             ejus
             sect
             .
             si
             quis
             ad
             municip
             .
          
           
             11.
             
             R
             2.
             in
             Rot
             Process
             &
             Judic
             contra
             le
             duc
             .
             d'
             Ireland
             &
             autres
             .
          
           
             Selden
             dissert
             .
             ad
             Fletam
             ca.
             9.
             
          
           
             ro
             :
             parl
             28.
             
             H
             ,
             6.
             m.
             19
             &
             ab
             inde
             usque
             47.
             
          
           
             Trin.
             23.
             
             H.
             8.
             coram
             ▪
             rege
             .
          
           
             King
             James
             his
             Speech
             in
             the
             Star
             Chamber
             .
          
        
         
           Notes for div A54680-e4880
           
             Numb
             .
             15.
             v.
             32
             ,
             33
             ,
             34.
             
          
           
             Levit.
             15.
             v.
             39.
             
          
           
             2
             Reg.
             4.
             1.
             
             &
             7.
             
          
           
             Proverbs
             .
             6.
             1.
             and
             2.
             
          
           
             Mat.
             18.
             v.
             25.
             26.
             27.
             28.
             29.
             30.
             
          
           
             Sigonius
             de
             Judiciis
             ,
             cap.
             18.
             372.
             
          
           
             Livy
             lib.
             24.
             
          
           
             Livy
             lib.
             38.
             1007.
             
          
           
             Plutarch
             in
             vita
             Julii
             Caesaris
             .
          
           
             Tacit.
             Annales
             lib.
             2.
             
          
           
             Mat.
             5.
             25.
             
          
           
             Selden
             Di●sert
             ad
             Fletam
             478
             ,
             479
             ▪
             &
             501.
             
          
           
             In
             Legibus
             Inae
             .
             8.
             
          
           
             in
             Legibus
             Inae
             .
             63.
             
          
           
             Spel.
             Gloss.
             in
             voce
             Ball
             69.
             &
             in
             verb
             capital
             .
             140.
             
          
           
             Lamb.
             Sax.
             Laws
             62.
             
          
           
             Lamb.
             Sax.
             Laws
             97.
             ib.
             18.
             
          
           
             Ex
             Chron.
             Jo.
             Brampton
             in
             legibus
             Canuti
             .
             §.
             62.
             
          
           
             Vide
             Spelmans
             Glos.
             in
             voce
             Carkanū
             .
          
           
             Selden
             .
             Janus
             Anglorum
             43.
             
          
           
             Lambert
             Saxon
             Laws
             138.
             
          
           
             Ibid.
             149.
             
             &
             158.
             ex
             Chronico
             Lichfieldensi
             .
          
           
             Cap.
             64.
             
             Spelmans
             gloss
             .
             in
             verbo
             Friborge
             .
             297.
             
          
           
             LL.
             Gulielmi
             Conquestor
             64.
             
          
           
             In
             leg
             .
             H.
             1.
             cap.
             29.
             
          
           
             Lindenbrog
             .
             glos
             .
             in
             verbo
             pulsare
             .
          
           
             In
             leg
             .
             H.
             1.
             cap.
             5.
             and
             in
             Capital
             .
             Car.
             &
             Lodovic
             .
             Imp.
             lib.
             7.
             283.
             
             Goldastus
             Tom.
             3.
             
             Imperial
             .
             Constitut.
             30.
             
          
           
             Glanvil
             in
             proaemio
             .
          
           
             Lib.
             10.
             cap.
             3.
             
             &
             11.
             
          
           
             Ibid.
             lib.
             8.
             cap.
             5.
             
          
           
             Bracton
             lib.
             5.
             de
             Exceptionibus
             440.
             441.
             
          
           
             Bracton
             .
             lib.
             5.
             cap.
             31.
             9
             ,
             6
             ,
             and
             7.
             
          
           
             Bract.
             l.
             5.
             de
             Exceptionibus
             cap.
             31.
             
             §.
             7.
             
          
           
             Bracton
             .
             lib.
             2.
             cap.
             28.
             
             §
             1.
             
             Fleta
             .
             lib.
             2.
             cap.
             59.
             
          
           
             Bracton
             .
             lib.
             5.
             de
             warrant
             .
             cap.
             6.
             sect
             .
             13.
             
          
           
             Bracton
             .
             lib.
             4.
             de
             assisa
             .
             vltunae
             .
             presentationis
             cap.
             9.
             sect
             .
             3.
             
          
           
             Bracton
             de
             exceptionibus
             443.
             
          
           
             52.
             
             H.
             3.
             cap.
             3.
             
          
           
             Vossius
             lib.
             2.
             devariis
             glossem
             in
             appendic
             .
             814.
             
             Spelmans
             glossar●
             in
             verbo
             .
             attachiare
             .
          
           
             Skeneus
             indice
             ad
             leges
             Scoticas
             .
             52.
             
             H.
             3.
             cap.
             23.
             
             Register
             35.
             
          
           
             52.
             
             H.
             3.
             cap.
             23.
             
          
           
             Bracton
             lib.
             5.
             cap.
             33.
             
          
           
             ●2
             .
             H.
             3.
             cap.
             7.
             
          
           
             3.
             
             E.
             1.
             cap.
             1.
             5.
             
          
           
             3.
             
             E.
             1.
             cap.
             34.
             
          
           
             Register
             98.
             
          
           
             Britton
             cap.
             6.
             tit
             .
             Attachment
             .
             and
             cap.
             28.
             tit
             .
             Debt
             .
          
           
             Tit.
             Attachment
             51.
             and
             Debt
             ▪
             68.
             
          
           
             Fleta
             ,
             lib.
             2.
             cap.
             62
             ,
             65
             ,
             67
             ,
             &
             70.
             
          
           
             Ibidem
             lib.
             2.
             cap.
             60.
             
             Sect
             ,
             33.
             36.
             
          
           
             Fleta
             lib.
             2.
             cap.
             5.
             sect
             .
             5.
             
          
           
             17.
             
             E.
             2.
             
          
           
             Fleta
             lib.
             2.
             de
             maliciis
             Vicecom
             .
             obviam
             .
             cap.
             67.
             
          
           
             Mirrour
             of
             justice
             .
             79
             register
             .
             267.
             
          
           
             20.
             
             E.
             2.
             
             Register
             ▪
             267.
             
          
           
             8
             E.
             3.
             corain
             .
             rege
             ▪
             Ro●i
             24.
             
          
           
             Statute
             of
             Laborers
             18.
             
             E.
             3.
             
          
           
             Lib.
             Assis.
             22.
             
             Ed.
             3●
             .
             61.
             
          
           
             Br.
             Conusans
             33.
             
          
           
             22.
             
             Assis.
             43.
             
             Brook
             tit
             .
             execution
             79.
             
          
           
             Coke
             l.
             3.
             relat
             .
             Sir
             
               William
               Herberts
            
             Case
             25.
             
             Ed.
             3.
             cap.
             17.
             
          
           
             Ro.
             part
             .
             25.
             
             E.
             3.
             
          
           
             Bracton
             lib.
             3.
             cap.
             13.
             
          
           
             Oldendor
             pius
             in
             definit
             .
             actionum
             25.
             31.
             
             &
             Selden
             ,
             de
             Synedriis
             in
             prefat
             .
             &
             61.
             
             &
             62.
             
          
           
             Bracton
             .
             lib.
             3.
             cap.
             1.
             
             §.
             3.
             
          
           
             Westminster
             cap.
             15.
             
             &
             F.
             N.
             B.
             
          
           
             Coke
             8.
             relat
             .
             Beechers
             case
             19.
             
             E.
             3.
             
          
           
             37.
             
             
               E.
               3.
               cap.
            
             2.
             
          
           
             38.
             
             E.
             3.
             cap.
             5.
             
          
           
             1
             R.
             2.
             cap.
             12.
             
             &
             15.
             
          
           
             Rs.
             parl
             .
             2.
             
             R.
             2.
             m.
             72
             ,
             73
             ,
             &
             74.
             
          
           
             2R
             .
             2.
             cap.
             3.
             
          
           
             1.
             
             H.
             5.
             ●a
             .
             5.
             
          
           
             7.
             
             H.
             5.
             ca.
             1.
             
          
           
             23.
             
             H.
             6.
             ca.
             10.
             
          
           
             19.
             
             H.
             7.
             ca.
             6.
             
          
           
             6.
             
             H.
             8.
             cap.
             4.
             
          
           
             23.
             
             H.
             8.
             cap.
             14.
             
          
           
             34.
             
             H.
             8.
             cap.
             16.
             
          
           
             1.
             
             E.
             6.
             cap.
             10.
             
          
           
             5.
             
             E.
             6.
             cap.
             26.
             
          
           
             5.
             
             Eliz.
             cap.
             26.
             
          
           
             8.
             
             Eliz.
             cap.
             2.
             
          
           
             31.
             
             El●z
             .
             cap.
             3.
             
          
           
             Ibidem
             .
             cap.
             6.
             
          
           
             43.
             
             Eliz.
             cap.
             6.
             
          
           
             21.
             
             Jac.
             cap.
             24.
             
          
           
             13.
             
             Car.
             2.
             
          
           
             
               Trin.
               17.
               
               E.
            
             2
             ,
             in
             communi
             Banco
             &
             in
             aliis
             antiq
             .
             Record
             &
             Rotulis
             ejusdem
             Cur.
             
          
           
             〈◊〉
             .
             Oldendorpius
             de
             definit
             .
             actionum
             11.
             20.
             21.
             
          
           
             Goldastus
             constitutiones
             Imperial
             .
             18.
             cap.
             8.
             
             Spelman
             Glossar
             .
             in
             verbo
             Hinfare
             .
          
           
             Jo.
             Koppen
             .
             in
             decision
             questionum
             in
             Germania
             qu.
             35.
             
             §.
             1.
             2.
             4.
             
             &
             qu.
             29.
             
             §
             10.
             
             &
             15.
             
          
           
             Cromerus
             lib.
             2.
             de
             Polonia
             .
          
           
             Commentar
             ▪
             de
             Russia
             .
          
           
             Laws
             of
             Geneva
             Printed
             at
             London
             ,
             1562.
             
          
           
             Molin
             .
             in
             consuetud
             .
             Paris
             .
             tit
             .
             2.
             gl
             .
             1.
             
             Num.
             3.
             
          
           
             Bibliotheque
             o●
             Thresor
             .
             du
             droit
             .
             du
             France
             .
             tit
             .
             Arrests
             .
             326.
             
          
           
             Gonzale
             de
             Suarez
             .
             de
             pas
             as
             part
             .
             Tom.
             81.
             
          
           
             decret
             .
             Uladis●ai
             Regis
             Hungariae
             Anno.
             1492.
             
             Art.
             91.
             
          
           
             Edicts
             .
             &
             Arrests
             .
             de
             Savoy
             .
             An
             1574.
             
          
           
             Laws
             of
             Genoa
             Printed
             at
             Milan
             .
             1576.
             
          
           
             Laws
             of
             New-England
             Printed
             at
             London
             .
             1641.
             
          
           
             Purchas
             Pilgrimage
             lib.
             5.
             
          
        
         
           Notes for div A54680-e10980
           
             Deut.
             25.
             v.
             1.
             
             &
             3.
             
          
           
             2
             Reg.
             4.
             v.
             1.
             
             &
             2.
             
          
           
             Matth.
             18.
             v.
             25.
             
          
           
             Gellius
             noct
             .
             Attic.
             
          
           
             Livy
             .
          
           
             Plutarch
             in
             vita
             Luculli
             &
             Solonis
             Dionisius
             Halicar
             .
             lib.
             6.
             
          
           
             LL.
             Longobard
             tit
             .
             21.
             
             §.
             1.
             7
             ,
             8.
             
          
           
             LL.
             Wisigothorum
             in
             Liudenbrogio
             l.
             2.
             cap.
             88.
             
          
           
             Fletcher
             de
             Republica
             Moscoviae
             .
          
           
             Quenstadt
             de
             Sepultur
             .
             veter
             .
             Valer.
             Maxim.
             l
             5.
             cap.
             4.
             
             &
             Covarruvias
             de
             variorum
             Resolut
             .
          
           
             Goldastus
             Constitut.
             Imperial
             .
          
           
             Philip
             Albert
             Orthen
             de
             Regali
             Conducendi
             Jure
             ,
             cap.
             4.
             9
             ,
             13.
             
             Impress
             .
             Norimbergae
             Anno
             1672.
             
          
           
             Skeneus
             Reg.
             Majest
             .
             &
             Craig
             .
             de
             Feudis
             .
          
           
             LL.
             Canuti
             §.
             2.
             
          
           
             LL.
             Edgari
             11.
             
             &
             67.
             
          
           
             LL.
             Canuti
             30
             &
             61.
             
          
           
             LL.
             Edwardi
             Confessor
             45.
             
          
           
             Bracton
             de
             Corona
             cap.
             11.
             
          
           
             Stamford
             lib.
             3.
             cap.
             35.
             tit
             .
             forfeiture
             .
          
           
             Westminster
             2.
             c.
             18.
             
          
        
         
           Notes for div A54680-e11940
           
             Rot.
             Parl.
             &
             Petitions
             in
             Parl.
             25
             E.
             3.
             
          
           
             Charles
             George
             Cock
             Essay
             of
             Christian
             Government
             in
             Anno
             1651.
             
          
        
         
           Notes for div A54680-e12510
           
             Stat.
             of
             Acton
             Burnel
             13
             E.
             1.
             
          
        
         
           Notes for div A54680-e12680
           
             Juxta
             Gl.
             in
             l.
             14.
             
             &
             C.
             de
             advocat
             .
             divers
             .
             Judic
             .
          
           
             Exod.
             22.
             v.
             26.
             
             &
             27.
             
          
           
             D●ut
             .
             24.
             v.
             10
             ,
             11
             ,
             12.
             
          
           
             LL.
             Alamannorum
             in
             Lindenbrogio
             86.
             
          
           
             LL.
             Wisigothorum
             lib.
             5
             ,
             §.
             2.
             
          
           
             LL.
             Longobard
             .
             tit
             .
             21.
             
             §.
             5.
             
             &
             16.
             
          
           
             Edictum
             Theodorici
             Regis
             122
             ,
             123
             ,
             124.
             
          
           
             LL.
             Frisonum
             tit
             .
             9.
             &
             in
             additamen
             .
             sapient
             ▪
             Ulmari
             .
          
           
             LL.
             Bajuvariorum
             §.
             24
             
          
           
             LL.
             Wisigothorum
             lib.
             5.
             tit
             .
             3.
             
          
           
             LL.
             Longobard
             tit
             .
             21.
             
             §.
             3.
             
          
           
             LL
             ▪
             Baivar
             .
             ti●
             .
             12.
             
             §.
             1.
             3
             ,
             &
             4.
             
          
           
             Constitut.
             Theodoric
             .
             in
             Goldasto
             §.
             95.
             
          
           
             LL.
             Longobardorum
             tit
             .
             21.
             
             §.
             26.
             
          
           
             LL.
             Burgundionum
             §.
             9.
             
             &
             19.
             
          
           
             LL.
             Bajuvariorum
             tit
             .
             3.
             
             §.
             24.
             
          
           
             Purchas
             Pilgrimage
             Tom.
             1.
             
          
           
             Pryns
             Historical
             Collections
             in
             the
             Reigns
             of
             King
             John
             ,
             H.
             3.
             
             &
             E.
             1.
             
          
           
             Rot.
             Pat.
             25
             E.
             1.
             intus
             .
          
        
         
           Notes for div A54680-e13440
           
             Bracton
             lib.
             3.
             de
             actionibus
             ca.
             3.
             
             Fleta
             lib.
             2.
             ca.
             6.
             
             §.
             22
             ,
             23.
             
          
           
             Fleta
             .
          
           
             Bronkhorst
             tit
             .
             Reg.
             Juris
             ,
             &
             Commentar
             .
             ad
             loc
             .
             Bracton
             lib.
             1.
             ca.
             5.
             
          
           
             Grotius
             de
             Jure
             Belli
             lib.
             2.
             ca.
             6.
             
          
           
             Scottish
             Records
             in
             the
             Tower
             of
             London
             ,
             whilst
             they
             were
             there
             imprisoned
             by
             
               Oliver
               Cromwel
               ,
               &
            
             Parl.
             James
             the
             Sixth
             in
             Anno
             1600.
             
          
           
             John
             Coppen
             in
             Rangensdorf
             in
             Decis
             .
             quaestion
             .
             33.
             
          
           
             Butrigarius
             in
             Tract
             .
             de
             Renunciation
             .
          
           
             Genesis
             47.
             
          
           
             Genesis
             ca.
             38.
             
          
           
             Genesis
             ca.
             42.
             
          
           
             Sigonius
             de
             Judiciis
             lib.
             1.
             cap.
             21.
             
          
           
             Bracton
             lib.
             5.
             de
             exceptionibus
             ca.
             8.
             31.
             
          
        
         
           Notes for div A54680-e15670
           
             Exodus
             22.
             7
             ,
             8.
             
          
           
             Bracton
             lib.
             1.
             ca.
             6.
             
          
           
             Coke
             2.
             part
             .
             Institutes
             47.
             
          
           
             Verstegans
             Antiquities
             ca.
             3.
             
          
           
             Stamfords
             Pleas
             of
             the
             Crown
             .
          
           
             Oldendorpius
             in
             diffinit
             .
             Actionum
             .
          
           
             1
             Sam.
             ca.
             17.
             v.
             25.
             
          
           
             Dugdales
             1.
             part
             .
             Monastic
             .
             172
             ,
             173.
             
             &
             Blounts
             Nomolexic
             in
             verbo
             Frodmortel
             .
          
           
             Spelman
             Glossar
             .
             in
             diatriba
             de
             Comitib
             .
          
           
             Spelmans
             Glossar
             .
             in
             verbo
             legalis
             .
          
           
             Bacons
             Historical
             Discourse
             of
             the
             Government
             of
             England
             .
          
           
             Psalm
             15.
             
          
           
             Ursinus
             Cathechisme
             ,
             &
             Majer
             upon
             the
             ●8
             .
             Commandment
             .
          
           
             Laws
             of
             War.
             
          
           
             23
             H.
             8.
             ca.
             9
             
          
           
             Coke
             2.
             part
             .
             Institutes
             52.
             
          
           
             14
             Eliz.
             ca.
             15.
             
          
           
             Sigonius
             de
             Repub.
             Athen
             .
             lib.
             3.
             ca.
             4.
             
          
           
             Rous.
             Archeologia
             Attica
             lib.
             ca.
             4.
             
          
        
         
           Notes for div A54680-e16820
           
             Plutarch
             .
             in
             vita
             Solonis
             .
          
           
             Plutarch
             .
             in
             vita
             Luculli
             .
          
        
         
           Notes for div A54680-e17070
           
             Livi
             Dec.
             1.
             lib.
             2.
             
          
           
             Livy
             lib
             ▪
             3.
             109.
             
          
           
             Dionis
             .
             Halicarnassaeus
             lib.
             10.
             
             Livii
             Decad.
             1.
             lib.
             3.
             
             Pomponius
             de
             origine
             Juris
             lib.
             2.
             
             §.
             4.
             
             Isidorus
             5.
             orig
             .
          
           
             Sigonius
             de
             Judiciis
             lib.
             4
             1.
             ca.
             de
             in
             jus
             vocatione
             Aulus
             Gellius
             Attic
             .
             noct
             .
             lib.
             20.
             ca.
             1.
             
             Cujacius
             lib.
             10.
             ca.
             10.
             
          
           
             Gothofredus
             in
             fragmen
             12.
             
             Tabularum
             .
          
           
             Sigonius
             de
             Repub.
             Athen
             .
             lib.
             1.
             de
             judiciis
             .
             Gothofredus
             in
             Fragmen
             .
             12.
             
             Tabul
             .
          
           
             Gellius
             lib.
             20.
             
          
           
             Livii
             Decad.
             1.
             lib.
             3.
             
          
           
             Sigonius
             &
             A.
             Gellius
             Attic.
             noct
             .
          
           
             Livii
             lib.
             3.
             110.
             
          
           
             Lib.
             3.
             117.
             
          
           
             Pomponius
             lib.
             2.
             de
             Origine
             Juris
             .
          
           
             Livii
             lib.
             6.
             225.
             
          
           
             Livii
             lib.
             6.
             226
             ,
             227.
             
          
           
             Livii
             lib.
             6.
             228
             ,
             &
             229.
             
          
           
             Livii
             lib.
             6.
             230.
             
          
           
             Livii
             lib.
             6.
             231.
             
             &
             Plutarch
             in
             vita
             Camilli
             .
          
           
             Livii
             lib.
             6.
             236.
             
          
           
             Livii
             lib.
             6.
             239
             ,
             240.
             
          
           
             Livii
             lib.
             6.
             241.
             
          
           
             Lib.
             6.
             242.
             
          
           
             Lib.
             6.
             243.
             
          
           
             Livii
             lib.
             6.
             245.
             
          
           
             Livii
             lib.
             6.
             247.
             
          
           
             Livii
             lib.
             6.
             248.
             
          
           
             Plutarch
             .
             in
             vita
             Camilli
             .
          
           
             Livii
             lib.
             7.
             262.
             
          
           
             Ibid.
             263
             :
          
           
             Livii
             lib.
             7.
             ]
             267.
             
          
           
             Livy
             lib.
             7.
             279.
             
          
           
             Lib.
             8.
             301.
             
          
           
             Livius
             in
             4.
             
             Edit
             .
             apud
             Francofurt
             ad
             Moenum
             Anno
             1568.
             p.
             411.
             
          
        
         
           Notes for div A54680-e19170
           
             Sigonius
             de
             Antiquo
             Jure
             Roman
             .
             120.
             
          
           
             Joannes
             Sarius
             Zamoscus
             de
             Roman
             .
             Ant.
             Augustinus
             de
             S.
             C
             Rom.
             Bodin
             lib.
             de
             Repub.
             
          
           
             Dionis
             .
             Halicar
             .
             lib.
             4
             ,
             &
             7.
             
          
           
             Bodin
             de
             Repub
             ;
          
           
             Paulus
             Manutius
             de
             Legibus
             Romanis
             .
          
           
             Livy
             lib.
             9.
             339.
             
          
           
             Livy
             lib.
             38●
             ▪
             1017.
             
          
           
             Plutarch
             .
             in
             vita
             Scipiouis
             Africani
             .
          
           
             Livy
             lib.
             38.
             1022.
             
          
           
             Tacit.
             Annal
             .
          
           
             Cicero
             lib.
             1.
             
             Tusc.
             quaest
             .
             &
             Strabo
             lib.
             14.
             
          
           
             Cicero
             lib.
             2.
             de
             Legibus
             .
          
           
             Ammianus
             Marcellinus
             lib.
             11.
             
          
           
             Quintilian
             lib.
             5.
             ca.
             6.
             
          
           
             Ritterhusius
             Commentar
             .
             ad
             12.
             
             Tabul
             .
             cl
             .
             1.
             
             Gothofr●dus
             ad
             Tabul
             .
             de
             in
             Jus
             〈◊〉
             ▪
             
          
           
             Peregrinus
             Janninius
             Tract
             .
             de
             Citat
             .
             real
             .
             lib.
             1.
             ca.
             2.
             ab
             §.
             141.
             ad
             199.
             &
             lib.
             2.
             ca.
             1.
             
          
        
         
           Notes for div A54680-e20240
           
             25
             E.
             3.
             ca.
             4.
             
          
           
             36
             E.
             3.
             ca.
             1.
             
          
           
             The
             Oath
             of
             a
             Freeman
             of
             London
             ,
             and
             Acts
             of
             Parliament
             for
             confirmation
             of
             their
             Liberties
             .
          
           
             In
             Archivis
             in
             albo
             Tur●i
             London
             ,
             &
             in
             recept
             .
             Thesaurat
             .
             Scaccarii
             post
             25
             E.
             3.
             
          
           
             Pas
             22.
             
             E.
             1.
             
             London
             rot
             .
             3.
             
          
           
             7
             H.
             5.
             ca.
             1.
             
          
           
             19
             H.
             7.
             ca.
             6.
             
          
           
             23
             H.
             8.
             ca.
             14.
             
          
           
             Trin.
             21.
             
             Eliz
             .
             rot
             .
             113.
             in
             Banco
             Regis
             .
          
           
             Old
             Book
             of
             Entries
             tit
             .
             false
             Imprisonment
             fol.
             320.
             
          
           
             Welwade
             Sea-Laws
             27.
             63.
             
          
           
             38
             E.
             3.
             ca.
             1.
             
          
           
             Petitions
             Parl.
             38
             E.
             3.
             
          
           
             Rot.
             Parl.
             46.
             
             E.
             3.
             
          
           
             Rot.
             Parl.
             50.
             
             E.
             3
             
          
           
             7
             H.
             4.
             ca.
             13.
             
          
           
             10
             H.
             6.
             
             &
             18
             H.
             6.
             ca.
             9.
             
          
           
             Inter
             Petitiones
             Parl.
             33
             H.
             6.
             n.
             57.
             
          
           
             Cokes
             2.
             part
             .
             Institutes
             50
             ,
             &
             51.
             
          
           
             Posthuma
             Grotii
             in
             Epistola
             quadam
             .
          
           
             Plowdens
             Comment
             .
             363
             ,
             369
             ,
             &
             469.
             
          
           
             Ibid.
             46
             ,
             &
             467.
             
          
           
             Cokes
             5.
             
             Report
             .
             2.
             part
             5
             ,
             &
             6.
             
          
           
             Cokes
             3.
             
             Relat
             .
             Case
             del
             fines
             .
          
           
             5
             Eliz.
             ca.
             4.
             
          
           
             28
             E.
             3.
             ca.
             3.
             
          
           
             42
             E
             3.
             ca.
             1.
             
          
           
             Coke
             Comment
             .
             super
             Magna
             Chart.
             
          
           
             37
             E.
             3.
             ca.
             18.
             
          
           
             Petition
             of
             Right
             in
             3
             Car.
             primi
             .
          
           
             Vide
             Act
             of
             Common
             Councel
             .
          
           
             Cokes
             11.
             
             Reports
             Doctor
             Fosters
             case
             .
          
           
             Cokes
             6.
             
             Reports
             .
          
           
             10.
             
             &
             18.
             
             H.
             6.
             ca.
             9.
             
          
           
             Rot.
             Parl.
             5
             R.
             2.
             
          
        
         
           Notes for div A54680-e23320
           
             Coke
             in
             prefat
             '
             8.
             
             Report
             .
          
           
             Fortescue
             de
             laudibus
             legum
             Angliae
             .
          
           
             Cokes
             2.
             
             Relat
             in
             prefat
             .
          
        
         
           Notes for div A54680-e24130
           
             Bracton
             lib.
             5.
             ca.
             33.
             
          
           
             Genesis
             42.
             v.
             16
             ,
             &
             36.
             
          
           
             Sir
             Edward
             Coke
             in
             Mag.
             Chart.
             50
             ,
             51
             ,
             53.
             
          
           
             Register
             64.
             
             Rot.
             pat
             21.
             
             E.
             3.
             part
             1.
             
          
           
             Asser
             Menevensis
             de
             Alfredi
             rebus
             gestis
             21.
             
          
           
             LL.
             Inae
             ca.
             6.
             
          
           
             LL.
             Alured
             cap.
             6.
             
             ●3
             .
          
           
             LL.
             Inae
             .
             ca.
             23.
             
          
           
             Mirrour
             of
             Justice
             cap.
             1.
             
             §.
             3.
             and
             cap.
             5.
             
             §.
             5.
             and
             Articles
             upon
             the
             Statute
             of
             Westud
             .
             2.
             
          
           
             Mirrour
             of
             Justice
             ca.
             5.
             
             §.
             2.
             
          
           
             Spelmans
             glossar
             '
             in
             verbo
             Justicia
             &
             Eire
             .
          
           
             LL.
             Alured
             cap.
             1.
             
          
        
         
           Notes for div A54680-e25380
           
             Exact
             Collection
             of
             the
             Kings
             Speeches
             &
             Declarations
             .
          
           
             Ibidem
             .
          
           
             Prynns
             soveraigne
             power
             of
             Paliarments
             .
          
           
             Rutherfords
             Lex
             Rex
             .
          
           
             
               Heugh
               Peters
            
             Good
             Work
             for
             a
             Good
             Magistrate
             .
          
           
             Mr.
             Jo.
             Dury's
             Re-proposals
             .
          
           
             Mr.
             
               John
               Rogers
            
             Sagrir
             .
          
           
             Boons
             Examen
             Legum
             Angliae
             .
             ca.
             3
             4
             ,
             5
             ,
             6
             ,
             8
             ,
             10
             ,
             11
             ,
             12
             ,
             13.
             
          
           
             Declaration
             of
             the
             Army
             in
             Anno
             1659.
             
          
        
         
           Notes for div A54680-e30500
           
             Declaration
             of
             Parliament
             9
             Feb.
             1648.
             
          
           
             Declaration
             of
             the
             Parliament
             of
             England
             17
             March
             1648
             expressing
             the
             grounds
             of
             their
             setling
             the
             present
             Government
             in
             the
             way
             of
             a
             Free-State
             .
          
           
             Cromwel's
             Speech
             to
             his
             Parliament
             upon
             his
             Dissolution
             of
             them
             the
             12th
             .
             day
             of
             September
             ,
             1654.
             
          
           
             Remonstrance
             of
             the
             prisoners
             for
             Debts
             to
             the
             Parliament
             concerning
             the
             injustice
             of
             the
             Committee
             fitting
             at
             Salters-Hall
             in
             London
             for
             relief
             of
             Creditors
             and
             Prisoners
             .
          
           
             The
             distressed
             condition
             of
             the
             Inhabitants
             of
             South-Wales
             .
          
           
             Linwood
             in
             constitutionibus
             Othoboni
             .
          
        
         
           Notes for div A54680-e30970
           
             Josh
             :
             15
             ,
          
           
             Calvins's
             case
             in
             Cokes
             7
             Reports
             ,
             and
             Lord
             Ellesmeres
             post
             nati
             Mic
             :
             12
             E.
             4.
             22.
             
          
           
             Shefferus
             History
             of
             Lapland
             ,
             cap
             :
             11.
             
          
           
             Proposals
             of
             S.
             D.
             and
             divers
             Atorneys
             of
             the
             Court
             of
             Common
             Pleas
             to
             the
             Committee
             for
             the
             Regulation
             of
             the
             Laws
             24
             May
             1650.
             
          
        
         
           Notes for div A54680-e31950
           
             Exod.
             22.
             v.
             26.
             
          
           
             Deut.
             17.
             12.
             
          
           
             13
             E.
             1.
             
             Ca.
             18.
             
          
           
             1
             H.
             4.
             6.
             
          
           
             15
             H.
             7.
             14
             ,
             15.
             
          
           
             45
             E.
             3.
             19.
             
          
           
             34
             E.
             3.
             
             Br.
             922.
             
          
           
             Pas.
             22
             E.
             3.
             4.
             
          
           
             Jones
             Reports
             ,
             255.
             
          
           
             Bracton
             lib.
             5.
             c.
             17.
             
          
           
             Zeiglerus
             dicastice
             sive
             de
             Judicum
             officio
             conclus
             .
             40.
             
             §.
             1
             ,
             9
             ,
             46
             ,
             53
             
          
        
         
           Notes for div A54680-e32650
           
             Cic.
             Offic.
             
          
           
             l.
             37.
             ff
             .
             de
             Legibus
             ,
             l.
             34.
             l.
             114.
             ff
             .
             de
             Reg.
             Jur.
             Tob.
             Paurmester
             de
             Jurisdict
             .
             lib.
             2.
             ca.
             6.
             num
             .
             119.
             
          
           
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ,
             §
             4.
             in
             his
             Soliloquies
             upon
             the
             19
             Propositions
             .
          
           
             Varsevicus
             de
             legato
             22.