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
,
Judges
.
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
,
Rot.
Parl.
33.
H.
6.
M.
1.
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
.
Will
be
directly
repugnant
unto
,
and
against
Magna
Charta
,
42.
E.
3.
cap.
3.
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
Writs
,
the
Seals
of
the
Writs
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
,
9.
H.
8.
cap.
14.
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
,
13.
E.
1.
cap.
18.
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
,
9.
H.
3.
ca.
9.
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
.
Which
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
,
Fleta
.
lib.
cap.
34.
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
Deft.
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
Writ
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
.
13.
E.
1.
cap.
30.
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
Writ
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
,
Bracton
.
lib.
2.
de
corona
.
cap.
22.
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
,
Clem.
1.
de
Jud.
these
Innovators
did
not
consider
as
they
might
,
that
such
a
citation
publick
or
peremptory
,
Gail
.
1.
obss
.
16.
l.
ejus
sect.
si
quis
ad
municip
.
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
,
11.
R
2.
in
Rot
Process
&
Judic
contra
le
duc
.
d'
Ireland
&
autres
.
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
,
Selden
dissert.
ad
Fletam
ca.
9.
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
.
ro
:
parl
28.
H
,
6.
m.
19
&
ab
inde
usque
47.
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
.
Trin.
23.
H.
8.
coram
▪
rege
.
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
,
King
James
his
Speech
in
the
Star
Chamber
.
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
Writs
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
,
Numb.
15.
v.
32
,
33
,
34.
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
,
Levit.
15.
v.
39.
because
it
was
not
declared
what
should
be
done
unto
him
,
2
Reg.
4.
1.
&
7.
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
,
Proverbs
.
6.
1.
and
2.
thou
art
snared
and
taken
with
the
words
of
thy
mouth
,
Mat.
18.
v.
25.
26.
27.
28.
29.
30.
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
,
Sigonius
de
Judiciis
,
cap.
18.
372.
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
,
Livy
lib.
24.
and
refusing
to
come
to
his
answer
,
the
Tribunes
of
the
People
,
those
great
protectors
of
their
supposed
Liberties
,
Livy
lib.
38.
1007.
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
.
Plutarch
in
vita
Julii
Caesaris
.
Urgulania
a
great
favorite
of
Augusta
,
Tacit.
Annales
lib.
2.
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
,
Mat.
5.
25.
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
,
Selden
Di●sert
ad
Fletam
478
,
479
▪
&
501.
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
,
In
Legibus
Inae
.
8.
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
,
in
Legibus
Inae
.
63.
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
.
Spel.
Gloss.
in
voce
Ball
69.
&
in
verb
capital
.
140.
By
the
Laws
of
King
Edgar
(
who
Raigned
Anno
Dom.
971.
)
made
Frequenti
senatu
,
Lamb.
Sax.
Laws
62.
every
man
was
to
have
sureties
who
might
have
him
forth
coming
to
do
right
.
By
the
Laws
of
Canutus
made
Sapientum
consilio
,
Lamb.
Sax.
Laws
97.
ib.
18.
who
Reigned
in
Anno
Dom.
1031.
no
man
was
to
compel
another
by
distraining
or
taking
away
Pledges
to
a
Suit
in
another
Liberty
,
Ex
Chron.
Jo.
Brampton
in
legibus
Canuti
.
§.
62.
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
,
Vide
Spelmans
Glos.
in
voce
Carkanū
.
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
,
Selden
.
Janus
Anglorum
43.
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.
Lambert
Saxon
Laws
138.
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
,
Ibid.
149.
&
158.
ex
Chronico
Lichfieldensi
.
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
,
Cap.
64.
Spelmans
gloss
.
in
verbo
Friborge
.
297.
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
,
LL.
Gulielmi
Conquestor
64.
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
,
In
leg
.
H.
1.
cap.
29.
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
,
Lindenbrog
.
glos
.
in
verbo
pulsare
.
but
let
him
be
put
to
Pledges
till
the
day
of
Pleading
.
And
he
which
was
brought
or
compelled
by
Process
before
the
Judge
,
In
leg
.
H.
1.
cap.
5.
and
in
Capital
.
Car.
&
Lodovic
.
Imp.
lib.
7.
283.
Goldastus
Tom.
3.
Imperial
.
Constitut.
30.
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
,
Glanvil
in
proaemio
.
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
,
Lib.
10.
cap.
3.
&
11.
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
,
Ibid.
lib.
8.
cap.
5.
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
,
Bracton
lib.
5.
de
Exceptionibus
440.
441.
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
,
Bracton
.
lib.
5.
cap.
31.
9
,
6
,
and
7.
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
,
Bract.
l.
5.
de
Exceptionibus
cap.
31.
§.
7.
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
,
Bracton
.
lib.
2.
cap.
28.
§
1.
Fleta
.
lib.
2.
cap.
59.
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
,
Bracton
.
lib.
5.
de
warrant
.
cap.
6.
sect.
13.
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
.
Bracton
.
lib.
4.
de
assisa
.
vltunae
.
presentationis
cap.
9.
sect.
3.
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
,
Bracton
de
exceptionibus
443.
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
,
52.
H.
3.
cap.
3.
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
.
Vossius
lib.
2.
devariis
glossem
in
appendic
.
814.
Spelmans
glossar●
in
verbo
.
attachiare
.
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
,
Skeneus
indice
ad
leges
Scoticas
.
52.
H.
3.
cap.
23.
Register
35.
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
,
52.
H.
3.
cap.
23.
&
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
,
Bracton
lib.
5.
cap.
33.
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
,
●2
.
H.
3.
cap.
7.
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
,
3.
E.
1.
cap.
1.
5.
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
3.
E.
1.
cap.
34.
(
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
,
Register
98.
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
,
Britton
cap.
6.
tit
.
Attachment
.
and
cap.
28.
tit
.
Debt
.
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
,
Tit.
Attachment
51.
and
Debt
▪
68.
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
,
Fleta
,
lib.
2.
cap.
62
,
65
,
67
,
&
70.
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
,
Ibidem
lib.
2.
cap.
60.
Sect
,
33.
36.
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
,
Fleta
lib.
2.
cap.
5.
sect.
5.
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
.
17.
E.
2.
And
that
if
a
Sheriff
return
upon
a
pone
a
Tarde
that
the
Writ
came
so
late
unto
him
as
he
could
not
execute
it
,
Fleta
lib.
2.
de
maliciis
Vicecom.
obviam
.
cap.
67.
and
it
be
averred
that
the
Writ
came
time
enough
,
or
that
the
Party
was
present
and
might
be
attached
the
Sheriff
was
to
be
amerced
.
Mirrour
of
justice
.
79
register
.
267.
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
Writ
upon
a
Certificate
of
the
Abbot
or
Prior
issued
out
of
the
Chancery
to
the
Sheriff
to
take
him
.
20.
E.
2.
Register
▪
267.
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
,
8
E.
3.
corain
.
rege
▪
Ro●i
24.
&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
Wars
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
.
Statute
of
Laborers
18.
E.
3.
22.
Ed.
3.
It
was
held
for
Law
,
that
upon
a
Judgment
obtained
for
Debt
or
Damages
,
Lib.
Assis.
22.
Ed.
3●
.
61.
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
,
Br.
Conusans
33.
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
,
22.
Assis.
43.
Brook
tit
.
execution
79.
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
,
Coke
l.
3.
relat.
Sir
William
Herberts
Case
25.
Ed.
3.
cap.
17.
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
,
Ro.
part
.
25.
E.
3.
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
,
Bracton
lib.
3.
cap.
13.
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
Writs
Commanding
the
not
Impan●lling
of
one
above
the
age
of
70
years
to
be
of
a
Jury
,
a
Writ
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
,
Oldendor
pius
in
definit
.
actionum
25.
31.
&
Selden
,
de
Synedriis
in
prefat.
&
61.
&
62.
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
,
Bracton
.
lib.
3.
cap.
1.
§.
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.
Westminster
cap.
15.
&
F.
N.
B.
when
a
man
could
not
have
a
Writ
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
,
Coke
8.
relat.
Beechers
case
19.
E.
3.
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
,
37.
E.
3.
cap.
2.
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
Writs
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
Wisdom
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
,
38.
E.
3.
cap.
5.
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
,
1
R.
2.
cap.
12.
&
15.
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
,
Rs.
parl.
2.
R.
2.
m.
72
,
73
,
&
74.
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
,
2R
.
2.
cap.
3.
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
,
1.
H.
5.
●a
.
5.
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
,
7.
H.
5.
ca.
1.
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
,
23.
H.
6.
ca.
10.
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
.
19.
H.
7.
ca.
6.
By
an
Act
of
Parliament
made
in
the
sixth
year
of
the
Reign
of
King
Henry
the
eighth
,
6.
H.
8.
cap.
4.
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
,
23.
H.
8.
cap.
14.
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
,
34.
H.
8.
cap.
16.
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
,
1.
E.
6.
cap.
10.
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
,
5.
E.
6.
cap.
26.
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
,
5.
Eliz.
cap.
26.
three
several
Writs
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
,
8.
Eliz.
cap.
2.
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
,
31.
El●z
.
cap.
3.
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
,
Ibidem
.
cap.
6.
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
,
43.
Eliz.
cap.
6.
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
,
21.
Jac.
cap.
24.
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
,
13.
Car.
2.
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
Writ
,
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
,
Trin.
17.
E.
2
,
in
communi
Banco
&
in
aliis
antiq.
Record
&
Rotulis
ejusdem
Cur.
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
,
〈◊〉
.
Oldendorpius
de
definit
.
actionum
11.
20.
21.
saith
John
Oldendorpius
to
be
deduced
from
the
Laws
of
God
and
Nature
,
Right
reason
and
necessity
.
By
an
Edict
or
Law
of
Theodorico
,
Goldastus
constitutiones
Imperial
.
18.
cap.
8.
Spelman
Glossar
.
in
verbo
Hinfare
.
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
,
Jo.
Koppen
.
in
decision
questionum
in
Germania
qu.
35.
§.
1.
2.
4.
&
qu.
29.
§
10.
&
15.
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
,
Cromerus
lib.
2.
de
Polonia
.
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
,
Commentar
▪
de
Russia
.
do
come
to
a
Defendant
,
if
he
give
not
Bayl
,
Laws
of
Geneva
Printed
at
London
,
1562.
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
,
Molin
.
in
consuetud
.
Paris
.
tit.
2.
gl
.
1.
Num.
3.
is
and
hath
been
long
ago
practised
in
the
Kingdomes
of
France
Spain
,
Hungary
,
Scotland
,
and
in
the
Dukedom
of
Savoy
,
Bibliotheque
o●
Thresor
.
du
droit
.
du
France
.
tit.
Arrests
.
326.
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
,
Gonzale
de
Suarez
.
de
pas
as
part
.
Tom.
81.
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
,
decret.
Uladis●ai
Regis
Hungariae
Anno.
1492.
Art.
91.
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
.
Edicts
.
&
Arrests
.
de
Savoy
.
An
1574.
And
is
likewise
in
practice
in
some
Nations
that
are
more
remote
,
and
have
only
the
light
of
Nature
,
Laws
of
Genoa
Printed
at
Milan
.
1576.
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
,
Laws
of
New-England
Printed
at
London
.
1641.
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
,
Purchas
Pilgrimage
lib.
5.
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
,
Deut.
25.
v.
1.
&
3.
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
,
2
Reg.
4.
v.
1.
&
2.
then
the
taking
away
of
the
two
Sons
of
the
Widdow
,
of
one
of
the
Sons
of
the
Prophets
by
a
Creditor
,
Matth.
18.
v.
25.
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
;
Gellius
noct.
Attic.
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
,
Livy
.
and
cruel
way
of
recovering
their
Debts
)
and
keeping
them
bound
in
Chaines
in
their
own
houses
;
Plutarch
in
vita
Luculli
&
Solonis
Dionisius
Halicar.
lib.
6.
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
,
LL.
Longobard
tit.
21.
§.
1.
7
,
8.
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
,
LL.
Wisigothorum
in
Liudenbrogio
l.
2.
cap.
88.
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
,
Fletcher
de
Republica
Moscoviae
.
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
,
Quenstadt
de
Sepultur
.
veter
.
Valer.
Maxim.
l
5.
cap.
4.
&
Covarruvias
de
variorum
Resolut
.
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
,
Goldastus
Constitut.
Imperial
.
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
▪
Philip
Albert
Orthen
de
Regali
Conducendi
Jure
,
cap.
4.
9
,
13.
Impress
.
Norimbergae
Anno
1672.
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
,
Skeneus
Reg.
Majest.
&
Craig
.
de
Feudis
.
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
,
LL.
Canuti
§.
2.
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
,
LL.
Edgari
11.
&
67.
which
although
they
were
not
ordinarily
used
in
Actions
of
debt
,
LL.
Canuti
30
&
61.
before
the
making
of
the
Statute
of
25
E.
3.
LL.
Edwardi
Confessor
45.
was
notwithstanding
in
cases
of
trespas
for
breach
of
the
Peace
,
and
for
Contumacy
,
and
Contempts
in
not
appearing
warranted
,
Bracton
de
Corona
cap.
11.
by
the
Laws
of
King
Edgar
,
Canutus
,
Edward
the
Confessor
,
Stamford
lib.
3.
cap.
35.
tit
.
forfeiture
.
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
,
Westminster
2.
c.
18.
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
,
Rot.
Parl.
&
Petitions
in
Parl.
25
E.
3.
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
,
Charles
George
Cock
Essay
of
Christian
Government
in
Anno
1651.
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
,
Stat.
of
Acton
Burnel
13
E.
1.
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
,
)
Juxta
Gl.
in
l.
14.
&
C.
de
advocat
.
divers
.
Judic
.
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
:
Exod.
22.
v.
26.
&
27.
Not
to
keep
the
poor
mans
Rayment
or
Covering
,
after
the
Sun
was
gone
down
,
D●ut.
24.
v.
10
,
11
,
12.
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
,
LL.
Alamannorum
in
Lindenbrogio
86.
for
the
taking
away
of
grievances
,
or
abuses
happening
by
it
.
As
when
a
Man
gave
an
Horse
,
or
a
Servant
for
a
pledge
,
LL.
Wisigothorum
lib.
5
,
§.
2.
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
,
LL.
Longobard
.
tit.
21.
§.
5.
&
16.
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
;
Edictum
Theodorici
Regis
122
,
123
,
124.
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
,
LL.
Frisonum
tit.
9.
&
in
additamen
.
sapient
▪
Ulmari
.
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
,
LL.
Bajuvariorum
§.
24
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
,
LL.
Wisigothorum
lib.
5.
tit.
3.
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
Mans
by
a
mistake
,
he
was
to
procure
them
to
be
released
;
LL.
Longobard
tit.
21.
§.
3.
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
,
LL
▪
Baivar
.
ti●
.
12.
§.
1.
3
,
&
4.
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
,
Constitut.
Theodoric
.
in
Goldasto
§.
95.
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
,
LL.
Longobardorum
tit
.
21.
§.
26.
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
,
LL.
Burgundionum
§.
9.
&
19.
he
That
became
the
Surety
,
carried
home
to
his
house
the
Debtor
,
there
to
remain
as
his
pledge
for
performance
;
LL.
Bajuvariorum
tit
.
3.
§.
24.
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
,
Purchas
Pilgrimage
Tom.
1.
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
:
Pryns
Historical
Collections
in
the
Reigns
of
King
John
,
H.
3.
&
E.
1.
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
,
Rot.
Pat.
25
E.
1.
intus
.
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
,
Bracton
lib.
3.
de
actionibus
ca.
3.
Fleta
lib.
2.
ca.
6.
§.
22
,
23.
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
,
Fleta
.
saith
Fleta
,
have
in
them
Vinculum
Juris
such
a
Bond
or
Obligation
,
as
ties
us
to
the
performance
of
them
,
Bronkhorst
tit.
Reg.
Juris
,
&
Commentar.
ad
loc.
Bracton
lib.
1.
ca.
5.
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
:
Grotius
de
Jure
Belli
lib.
2.
ca.
6.
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
,
Scottish
Records
in
the
Tower
of
London
,
whilst
they
were
there
imprisoned
by
Oliver
Cromwel
,
&
Parl.
James
the
Sixth
in
Anno
1600.
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
,
John
Coppen
in
Rangensdorf
in
Decis
.
quaestion
.
33.
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
;
Butrigarius
in
Tract
.
de
Renunciation
.
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
,
Genesis
47.
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
,
Genesis
ca.
38.
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
,
Genesis
ca.
42.
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
,
Sigonius
de
Judiciis
lib.
1.
cap.
21.
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
,
Bracton
lib.
5.
de
exceptionibus
ca.
8.
31.
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
,
Exodus
22.
7
,
8.
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
,
Bracton
lib.
1.
ca.
6.
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
,
Coke
2.
part
.
Institutes
47.
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
,
Verstegans
Antiquities
ca.
3.
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
,
Stamfords
Pleas
of
the
Crown
.
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
,
Oldendorpius
in
diffinit
.
Actionum
.
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
,
1
Sam.
ca.
17.
v.
25.
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
,
Dugdales
1.
part
.
Monastic
.
172
,
173.
&
Blounts
Nomolexic
in
verbo
Frodmortel
.
and
the
Church
of
Rippon
in
Yorkshire
,
in
the
words
,
Als
frelich
as
I
may
,
and
in
all
things
be
als
free
as
Hert
may
think
,
or
eych
may
se.
And
King
William
the
Conquerour
granted
the
Earldom
of
Chester
,
Spelman
Glossar
.
in
diatriba
de
Comitib
.
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
,
Spelmans
Glossar
.
in
verbo
legalis
.
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
,
Bacons
Historical
Discourse
of
the
Government
of
England
.
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
,
Psalm
15.
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
,
Ursinus
Cathechisme
,
&
Majer
upon
the
●8
.
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
.
Laws
of
War
.
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
,
23
H.
8.
ca.
9
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
,
Coke
2.
part
.
Institutes
52.
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
,
14
Eliz.
ca.
15.
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
,
Sigonius
de
Repub.
Athen
.
lib.
3.
ca.
4.
and
other
the
like
Personal
Actions
in
these
later
Ages
,
but
long
before
the
Incarnation
of
our
blessed
Saviour
.
The
Athenians
had
their
Bailiffs
,
Rous.
Archeologia
Attica
lib.
ca.
4.
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
,
Plutarch
.
in
vita
Solonis
.
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
,
Plutarch
.
in
vita
Luculli
.
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
,
Livi
Dec.
1.
lib.
2.
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
,
Livy
lib
▪
3.
109.
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
,
Dionis
.
Halicarnassaeus
lib.
10.
Livii
Decad.
1.
lib.
3.
Pomponius
de
origine
Juris
lib.
2.
§.
4.
Isidorus
5.
orig.
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
,
Sigonius
de
Judiciis
lib.
4
1.
ca.
de
in
jus
vocatione
Aulus
Gellius
Attic
.
noct
.
lib.
20.
ca.
1.
Cujacius
lib.
10.
ca.
10.
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
:
Gothofredus
in
fragmen
12.
Tabularum
.
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
;
Sigonius
de
Repub.
Athen
.
lib.
1.
de
judiciis
.
Gothofredus
in
Fragmen
.
12.
Tabul
.
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
;
Gellius
lib.
20.
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
,
Livii
Decad.
1.
lib.
3.
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
;
Sigonius
&
A.
Gellius
Attic.
noct.
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
:
Livii
lib.
3.
110.
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
,
Lib.
3.
117.
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
,
Pomponius
lib.
2.
de
Origine
Juris
.
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
;
Livii
lib.
6.
225.
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
,
Livii
lib.
6.
226
,
227.
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
,
Livii
lib.
6.
228
,
&
229.
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
,
Livii
lib.
6.
230.
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
,
Livii
lib.
6.
231.
&
Plutarch
in
vita
Camilli
.
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
,
Livii
lib.
6.
236.
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
,
Livii
lib.
6.
239
,
240.
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
,
Livii
lib.
6.
241.
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
,
Lib.
6.
242.
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
,
Lib.
6.
243.
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
,
Livii
lib.
6.
245.
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
:
Livii
lib.
6.
247.
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
,
Livii
lib.
6.
248.
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
,
Plutarch
.
in
vita
Camilli
.
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
.
Livii
lib.
7.
262.
In
the
end
of
the
next
year
after
,
Ibid.
263
:
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
,
Livii
lib.
7.
]
267.
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
,
Livy
lib.
7.
279.
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
,
Lib.
8.
301.
&
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
,
Livius
in
4.
Edit.
apud
Francofurt
ad
Moenum
Anno
1568.
p.
411.
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
;
Sigonius
de
Antiquo
Jure
Roman.
120.
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
:
Joannes
Sarius
Zamoscus
de
Roman
.
Ant.
Augustinus
de
S.
C
Rom.
Bodin
lib.
de
Repub.
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
,
Dionis
.
Halicar.
lib.
4
,
&
7.
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
,
Bodin
de
Repub
;
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
,
Paulus
Manutius
de
Legibus
Romanis
.
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
,
Livy
lib.
9.
339.
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
,
Livy
lib.
38●
▪
1017.
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
,
Plutarch
.
in
vita
Scipiouis
Africani
.
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
,
Livy
lib.
38.
1022.
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
,
Tacit.
Annal.
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
,
Cicero
lib.
1.
Tusc.
quaest.
&
Strabo
lib.
14.
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
,
Cicero
lib.
2.
de
Legibus
.
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
,
Ammianus
Marcellinus
lib.
11.
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
,
Quintilian
lib.
5.
ca.
6.
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
;
Ritterhusius
Commentar.
ad
12.
Tabul
.
cl.
1.
Gothofr●dus
ad
Tabul
.
de
in
Jus
〈◊〉
▪
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
.
Peregrinus
Janninius
Tract
.
de
Citat
.
real
.
lib.
1.
ca.
2.
ab
§.
141.
ad
199.
&
lib.
2.
ca.
1.
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
,
25
E.
3.
ca.
4.
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
,
36
E.
3.
ca.
1.
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
,
The
Oath
of
a
Freeman
of
London
,
and
Acts
of
Parliament
for
confirmation
of
their
Liberties
.
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
,
In
Archivis
in
albo
Tur●i
London
,
&
in
recept
.
Thesaurat
.
Scaccarii
post
25
E.
3.
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
,
Pas
22.
E.
1.
London
rot
.
3.
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
,
7
H.
5.
ca.
1.
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
,
19
H.
7.
ca.
6.
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
,
23
H.
8.
ca.
14.
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
:
Trin.
21.
Eliz.
rot.
113.
in
Banco
Regis
.
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
,
Old
Book
of
Entries
tit
.
false
Imprisonment
fol.
320.
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
,
Welwade
Sea-Laws
27.
63.
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
,
38
E.
3.
ca.
1.
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
,
Petitions
Parl.
38
E.
3.
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
,
Rot.
Parl.
46.
E.
3.
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
,
Rot.
Parl.
50.
E.
3
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
,
7
H.
4.
ca.
13.
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
,
10
H.
6.
&
18
H.
6.
ca.
9.
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
,
Inter
Petitiones
Parl.
33
H.
6.
n.
57.
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
,
Cokes
2.
part
.
Institutes
50
,
&
51.
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
,
Posthuma
Grotii
in
Epistola
quadam
.
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
;
Plowdens
Comment.
363
,
369
,
&
469.
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
,
Ibid.
46
,
&
467.
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
,
Cokes
5.
Report
.
2.
part
5
,
&
6.
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
,
Cokes
3.
Relat.
Case
del
fines
.
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
.
5
Eliz.
ca.
4.
The
words
and
meaning
of
the
Statute
28
E.
3.
ca.
3.
being
no
more
then
,
28
E.
3.
ca.
3.
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
;
42
E
3.
ca.
1.
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
,
Coke
Comment.
super
Magna
Chart.
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
.
37
E.
3.
ca.
18.
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
,
Petition
of
Right
in
3
Car.
primi
.
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
:
Vide
Act
of
Common
Councel
.
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
,
Cokes
11.
Reports
Doctor
Fosters
case
.
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
,
Cokes
6.
Reports
.
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
believed
,
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
,
10.
&
18.
H.
6.
ca.
9.
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
,
Rot.
Parl.
5
R.
2.
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
,
Coke
in
prefat'
8.
Report
.
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
.
Fortescue
de
laudibus
legum
Angliae
.
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
,
Cokes
2.
Relat
in
prefat.
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
,
Bracton
lib.
5.
ca.
33.
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
,
Genesis
42.
v.
16
,
&
36.
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
,
Sir
Edward
Coke
in
Mag.
Chart.
50
,
51
,
53.
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
,
Register
64.
Rot.
pat
21.
E.
3.
part
1.
&
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
,
Asser
Menevensis
de
Alfredi
rebus
gestis
21.
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
,
LL.
Inae
ca.
6.
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
,
LL.
Alured
cap.
6.
●3
.
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
,
LL.
Inae
.
ca.
23.
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
,
Mirrour
of
Justice
cap.
1.
§.
3.
and
cap.
5.
§.
5.
and
Articles
upon
the
Statute
of
Westud
.
2.
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
,
Mirrour
of
Justice
ca.
5.
§.
2.
the
Justices
Itinerant
,
or
in
Eire
,
Spelmans
glossar'
in
verbo
Justicia
&
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
,
LL.
Alured
cap.
1.
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
,
Exact
Collection
of
the
Kings
Speeches
&
Declarations
.
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
,
Ibidem
.
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
,
Prynns
soveraigne
power
of
Paliarments
.
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
,
Rutherfords
Lex
Rex
.
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
,
Heugh
Peters
Good
Work
for
a
Good
Magistrate
.
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
,
Mr.
Jo.
Dury's
Re-proposals
.
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
,
Mr.
John
Rogers
Sagrir
.
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
,
Boons
Examen
Legum
Angliae
.
ca.
3
4
,
5
,
6
,
8
,
10
,
11
,
12
,
13.
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
,
Declaration
of
the
Army
in
Anno
1659.
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
,
Declaration
of
Parliament
9
Feb.
1648.
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
,
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
.
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
,
Cromwel's
Speech
to
his
Parliament
upon
his
Dissolution
of
them
the
12th
.
day
of
September
,
1654.
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
,
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
.
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
,
The
distressed
condition
of
the
Inhabitants
of
South-Wales
.
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
,
Linwood
in
constitutionibus
Othoboni
.
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
,
Josh:
15
,
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
,
Calvins's
case
in
Cokes
7
Reports
,
and
Lord
Ellesmeres
post
nati
Mic
:
12
E.
4.
22.
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
,
Shefferus
History
of
Lapland
,
cap
:
11.
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
,
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.
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
Exod.
22.
v.
26.
sleep
in
,
or
the
Command
not
to
〈…〉
the
sentence
of
the
Judge
under
no
less
penalty
then
the
loss
of
life
,
Deut.
17.
12.
(
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
,
13
E.
1.
Ca.
18.
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
,
1
H.
4.
6.
whereby
to
have
Damages
twice
recovered
against
him
.
After
an
Elegit
,
although
the
Sheriff
return
that
he
hath
neither
Lands
or
Goods
,
15
H.
7.
14
,
15.
the
plaintiff
shall
not
have
an
Execution
against
the
Body
,
a
Capias
ad
satisfaciendum
doth
not
lie
after
a
Fieri
Facias
,
45
E.
3.
19.
until
a
Nulla
bona
returned
,
nor
a
Fieri
Facias
or
Elegit
after
Imprisonment
of
the
Defendants
body
.
A
Writ
of
Annuity
purchased
pending
another
,
34
E.
3.
Br.
922.
was
abated
where
two
brought
Writs
of
Quare
Impedit
one
against
the
other
returnable
at
one
and
the
same
day
,
Pas.
22
E.
3.
4.
the
one
was
discontinued
,
and
they
pleaded
upon
the
other
,
Jones
Reports
,
255.
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
:
Bracton
lib.
5.
c.
17.
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
,
Zeiglerus
dicastice
sive
de
Judicum
officio
conclus
.
40.
§.
1
,
9
,
46
,
53
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
,
Cic.
Offic.
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
,
l.
37.
ff.
de
Legibus
,
l.
34.
l.
114.
ff.
de
Reg.
Jur.
Tob.
Paurmester
de
Jurisdict.
lib.
2.
ca.
6.
num.
119.
&
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
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
§
4.
in
his
Soliloquies
upon
the
19
Propositions
.
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
,
Varsevicus
de
legato
22.
nec
debet
unquam
mutari
.
FINIS
.
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