COunties and Sheriffs Turnes , were ancient Courts in the time of King Arthur , and before ; And in the Turns were tried all Pleas of the Crown ; and in the Counties all Common Pleas under fourty shillings without writ ; and above , to any value with Writs , according to the Law maxime , Quod placita de Catallis , debitis &c. 1. The choice of all Officers of Peace , and Trust , anciently in the people , confirmed by Mag. Chart . quae summam 40 s . attingunt , vel excedunt secundùm legem & consuetudinem Angliae , sine br●vi Regis placitari non debent . See the Lord Coke upon the 35th Chap. of Magna Charta ; and upon the Statute of Gloucester fol. 310. & 312. Hundreds , and Court Barons have the same power , and rights , and neither Sheriffs nor Stewards are Judges , but suiters onely , fol. 312. And so all men were to have Law and Justice at home , cheap and near , and not to fetch it from Westminster , far and dear . And the Conservators , otherwise called Guardians of the Peace before Magna Charta , and since ; had all necessary power to govern their Counties in Peace , and to execute all Laws conducing thereunto , and to command the power of their Counties to assist them ; and were chosen ( as all other Officers of Peace and Trust were ) by their Counties , as the Lord Coke affirmeth .

As Superiour Courts ought not to incroach upon Inferiour , so the Inferiour ought not to defraud the Superiour , of those causes that belong to them : viz. Neither ought a man be sued in any Court of Record for debt not amounting to 40 s . by way of mutuatus , and other lawless tricks dayly used by Attornies ; nor in any inferiour Court for debt of 40 s . or 2. This Mutuatus is usual in the Kings Bench , and Common Pleas , to fetch poor men not worth 40 s . from York , or Cernwal , to London , for 5 s . debt , or less ; and to out-law him in the Common Pleas , if he come not ; which example other Courts of Record follow too much . exceeding , by dividing it into Actions under 40 s . In which cases the Defendant ought to be admitted to plead to the jurisdiction of the Court , and to have a Prohibition to stay the suit : see the Lord Coke , upon the Stat. of Glouc . fol. 311. And all Courts were to dismiss all Actions entred without sufficient bail to prosecute , answerable for costs and dammages . If non-suited , or Cast ; and not Jo . D● . and Rich . Ro . as is used . See F. H. Just . P. the Register , and Fitz . H. Nat. brevium at large . And no Court of Record was to proceed in any action of debt , before the Plantiff swore his said debt to be 40 s . or more , and his damage in trespass to be so much at least : And if Battery , that he was beaten indeed , to his uncurable hurt to that value . See the Stat. of Glouc . and the L. Coke upon it , with his reason for the discontinuance of this practice .

All the Kings Writs for the doing justice and right to all men f●eely and speedily , without delay or denial , ought to be granted , and had freely at the Kings cost : And justice ought 3. Doth not the denial of an H●beas Corpus to bring a prisoner before a Judge without Fees , ( both to Judge and Attorney ) include the sale , delay , & denial of justice , while the prisoner is unprovided to buy it ? to be done freely , without sale ; fully ▪ without denial ; and speedily , without delay : whereby ( saith the Lord Coke ) it appeareth that justice must have three qualities , viz. To be Free , because nothing is more vile , than what is venal ; Full , and perfect , that it may not halt ; And speedy , because delay is a kind of denial . See the L. Coke upon the Stat. of Marlbr . chap. 80. Thus to have and do , was the Common Law of England , and the Liberties , and Right of the People before Mag. Char . and saved unto them by it : and the best Birthright they ever had , or can have ; whereby their Lands , Goods , Wives , Children , Bodies , Lives , Honours , and Estimations ought to be protected from injuries . See the L. Coke upon the 29th and 38th chap. of Mag. Char .

Therefore Mag . Char . ought to be read , and published to the People in all Cathedrals twice yearly : And all breakers thereof are excommunicated ipso facto , and so twice pronounced 4. All defaults , and offences of Sherifs , Coroners , Escheatours &c. inquirable , and punishable by Justices of Peace . by two Acts of Parliament , Tit . confir . & excommengm t . in Rast . abridg . fol. 65. and 148. And it ought to be read in full County in every shire , four times yearly , and all the breakers thereof inquired of there ; and further inquired of , and punished by Fines , Imprisonments , &c. by Justices in Eyre , two of every Counties chusing , whereby 12. or 14. may serve in circuits throughout England , and Wales , divided into six or seven Provinces , as twelve did serve for all England divided into six . See , and compare Rast . abridg . fol. 65. and Rog. Hoveden parte poster . Annal . fol. 313. The not reading , and publishing of Mag. Char . is the default partly of Sheriffs not requiring it ; partly , of the Clerk of the Crown , &c. not sending it to them under Seal . All defaults of Sheriffs , &c. are inquirable , and punishable by Justices of Peace ; as Lamb . Fitz . H. Cromp . Dalt . &c. affirm at large .

Justices in Eyre are discontinued long since , and not onely for that they were interrupted , and wearied out by the Prerogative Judges , and Courts at Westminster by their Certioraries , 5. Observe the Peoples choice resumed by this Stat. when the King presumed to make Justi●es of Peace , and under that specious Title to impower them , first to affront , and by degrees to suppress , and at last to extinguish the la●ger power of Conservatours . A Prerogative imposture divised by lawyers for their own advantage , when they got the King to confer this creation of Justices of Peace , upon his Chancellours , and Keepers , to whom their creatures became obliged to subject all England to Westminster , contrary to Mag . Char . Corpus cum causa , Errours ; and other Writs ( as the L. Coke confesseth in his Exposition of the Stat. called Art. super Chart . fol. 540. ) but also for that Justices of Assize , Justices of Peace , and all Oyers , and Terminers by their Commissions , and Magistrates of Corporations by their Charters , were enabled and sworn to hear and determine all Trespasses , Contempts , Oppressions , and Misdemeanours , according to the Lawes and customes of England , as appeareth in , and by all Commissions of the Peace , Oyers , Terminers , and Charters that have Oyer and Terminer , and by the Stat. made for the first institution of Justices of Peace , in the 18th year of Ed. 3. in which year was also ordained the Oath of all Judges , and Justices of Oyer and Terminer for the due execution of Justice , without sale , delay or denial , which the thrice reverend Judge Anthony Fitz Herb . admonisheth them that consider it , and their duty to God , and their Countrey , not to break upon any conditions , Nat. brevium fol. 240. d . but now the common practice is otherwise .

Any that will , ought to have Commissions of Oyer and Terminer for all Extortions , Oppressions , and Misdemeanours of Sheriffs , Undersheriffs , Escheatours , Bayliffs , Clerks , and 6. Justices of Peace ought not to be seduced to transgress Mag. Char . and the Petition of Right , by any Stat. that contradicts them , nor to lose the publike interest for any Prerogative usurpation , but to re-assume their Authority from the People , to act as conservatours of the ancient peace , and profit of the Common-wealth : as in cases of R●mitter , men stand to their best Title . all other Officers : See Cromp . Just . Peace , fol. 51. 8. Fitz . H. Nat. br . fol. 112. d . And Justices of Peace , and all other Commissioners that ought by their Commissions , and Oaths , to punish all such offences , and do not , are no less than perjurers , and the greatest malefactours of all other , themselves . Nor can any Writs of Certioran , Corpus cum causa , Errour , supersedeas , or putting out of Commission , excuse or supercede them to finnish their Judgements , and Executions in all such causes brought in question before them : See and compare the Stat. of 2. Ed. 3. and 14. Ed. 3. 14. and the 20. Ed. 3. 1. and the Procedendo thereupon in F●tz . H. Nat. Br. fol. 240. where it is said ; They shall proceed to justice according to law , notwithstanding any Letter , Commandment , Prohibition , Writ , Privy-Seal , or Great Seal to the contrary . And if any such things be granted by the King , or any of his Judges or Courts , such a Procedendo ought to be granted by the keeper of the Broad Seal to countermand them ; and to command Justice , Judgement , and Execution to be done , even against the King , much rather against Judges , who under colour of Authority and Justice , delude and wrong Kings , and People : For ( saith the L. Coke upon the Stat. of Marlebridge , cap . 5. ) there is no greater injustice , than when under colour of Justice , men are injured : but Writs of Certiorari Corpus cum causa , and Errour , ought to be had , and granted , upon proof of malice , partiallity , injustice , or errour in matter , committed by any inferiour Court , but not upon suggestions , or bare suppositions , as is used : See and compare therefore all the said Statutes in this case , together with M. Dearhams Manuel , p. 25. Nor by any Superiour Judges or Courts that are parties , or concerned in the cause . see the L. Coke upon Art. super Chart .

The granting of Writs , or Commissions to do injustice by , or to stay , or delay Justice , where it is done , or doing ; or to deny Writs or Commissions to cause or further Justice to be 7. These oppressions are daily committed by mercinary lawyers , by colour of Stat. of their own devices against Mar. Chart . which Statutes ought to be repealed , and the longer execution thereof resisted by all , or any necessary means , done , ( which alwaies was , and yet is the practice of the Prerogative Judges , at Westminster ; not onely to cross , and interrupt Commissioners legally chosen in , and by their Counties , ( as Justices in Eyre were ) and such , and all Justices of Peace , and Officers of Trust , and concernement in , and to the Common-wealth , still ought to be ) is the worst of all Oppressions , and a general destruction of Law and People , committed by colour of an usurped Authority , as saith the L. Coke upon the Statute of Marl●br . cap . 5. To prevent which ( his Lordship further saith ) It is lawful for the People to take up Armes , or for Inferiour Judges to commit their Superiours , and that before any Verdict , or Judgement , because they worthily loose the benefit of Law , who intend to subvert it ; and Subordinate authority is more to be obeyed , and assisted in the execution of Justice , than the Supreamest to be indured to obstruct it . All this , and more , is to be read in effect , in the L. Cokes Exposition upon Art. super Char . and the Stat. of Marlebr . which if executed by Justices of Peace in their Counties , and Magistrates in their Corporations , would soon regulate abuses , settle Peace , and much inable the State , and Common-wealth to pay publike debts , and relieve distressed Souldiers : For it is Law it self , as virtue it selfe , invirtuateth , dignifieth , and authorizeth her true servants to execute her precepts ; and confoundeth , expulseth , and turneth out of her service all her unjust Stewards , and underminers : As Jacob , and David were preferred before their elder brethren ; and Saul , Jerob●am , &c. were confounded by , and for their own Apostacies .

Under the Titles of Trespasses , Contempts , Oppressions , Misdemeanours , are comprehended all breaches of Mag. Char . and all Offences against all Statutes in force , and concurrent 8. As in all these cases , &c. all Justices of Peace should be careful to observe their Oaths , and perform their duties to this Common-wealth ( whereof they are eminent members ) So , no doubt , the Free-men of England would be ready to assist them in the regaining and Preservation of their ancient Birth-rights , Lawes , and Liberties . with Mag. Char . and the Petition of Right , which all Justices of Peace , and Magistrates in their several jurisdictions , are Authorized , and sworn to hear and determine , without fear , favour or respect of persons . How then to be excused , or delayed by any Writ , or command of any Superiour ? And how are the Judges of the Kings Bench ( whereof the cheif was the Kings Deputy by Writ ) now Superiour , or equal to any other Judges , or Justices ? If that maxime be true moritur Actio cum Personâ ? But the Office of a Deputy dyeth with its Master , as a Letter , or Warrant of Attorney , with its maker : the Kings Bench may be spared as well as his person ? And all causes in this Common-wealth , be called Common-Pleas , and tryed by the Common Law of the land , and Verdicts of common people , and Free-holders of every County , and Corporation , before the Free Judges , and Magistrates freely chosen by the said Common and Free-People , to justifie them at home , and not before mercinary makers , expounders , and sellers of all Lawes , and Liberties , as they please at Westminster . And doth not the said Stat. of 28. Ed. 3. warrant Justices of Peace , or any two of them ( whereof one to be of the Quorum ) to call and keep Sessions as often as they see need to do justice to their Countrey ? See the Stat. at large , and Cromp . I. P. fol. 112. and F. H. I. P. fol. 10.

Deus faxit .

Whereunto add , That as Mag . Char . compriseth all the Law of this land agreed upon by Kings and People , and would be read and published in English ( as aforesaid ) for the better understanding thereof by all English People , to the end , that the ignorance of their Law , should be no excuse for any of them to transgress it : So how needless it is , if not pestiferous , to have this Common-Law reduced to a private mercinarie Trade , or particular science exceeding the seven Liberal , by such professours thereof , as have , and do endeavour to disguise , mask , and hide it from all but themselves , in base French , and Latine intricacies and obscurities , to the end to make all persons offendours thereof , and none excusable , but by their resolutions of their own Riddles , which are alwaies answerable to their Fees ( be the cause right or wrong ) whereby the cure of Law becometh an incurable disease , until that superfluous mercinary profession be abolished , or regulated , so as the best and soundest Lawyers may be used in Parliaments ( as in former times ) to sit upon Wol-sacks , to answer to what that high Court shall be pleased to aske them , and not as members of that Court , to make Lawes , and Oathes for others , which they never observe themselves but for their own gain , and the peoples damage : To which end , they alwaies preamble their inventions against Mag. Char . with titles of Acts for the good of the people , when in their subsequents they hurt all but themselves ; As ( passing by all former ) their last Acts for the inlarging of poor prisoners for debt , sufficiently witness ; whereby neither creditor nor debtour are any way relieved , but both further entangled , and Lawyers Fees more procreated ; Videat experientia . Conclusive ; That there can be no firm peace , or end of Wars , till there be an end of mercinarie professours of Law , less needful , or useful for Parliaments or People , than Bishops , or such as might be used there , or elswhere , for saying , or reading prayers ; while these neither pray , preach , nor study , but their own lucrative magnificence every where upon the peoples purses .

Add lastly ; Such Justices of Peace as will not execute Mag. Char . with its confirmations , and the Petition of Right , and desert , and wave the execution , and practice of contradictory Statutes , ( for zeal to their Creatours , or fear to be unmade by those that made them ) ought to be deserted and waved by all good Patriots of their countrey , as excommunicated persons , and breakers of Mag. Char . And such onely as will execute Mag. Char . &c. ought to be confirmed by the choise of the People in their Counties respectively , whereby they may act as the ancient Conservatours of the Peace did by the Common Law of England before Mag. Char . and since , which was , to conserve the Peace of England by all necessary means , word , or sword ; unlimited by Prerogative Statutes devised by mercinary Lawyers , to steal from the People their birth-right Authority in the name of the King , unto themselves , to sell , delay , and deny it at their pleasures ; which to do , is apparently contrary , not onely to Mag . Char . and the Common Laws of England , and also to common reason , but chiefly to the divine Providence of God : for neither Law , Reason , nor Divine justice , would ordain a man to conserve the publike peace of Gods people ( which peace , as they , is his own ) without giving that man an unlimitable power , by which he may execute his Office , and without which he cannot .