REASONS
Against
passing
the
BILL
prepared
,
concerning
Writs
of
CERTIORARI
.
IT
is
alledged
in
the
Bill
,
that
by
means
of
Writs
of
Certiorari
,
whereby
Indictments
,
&c.
are
removed
into
the
Court
of
Kings-Bench
,
Offenders
escape
Unprosecuted
,
and
Unpunished
,
and
the
King
loseth
the
Fines
which
would
be
imposed
,
were
not
such
Indictments
removed
.
And
also
intended
to
be
Enacted
in
the
said
Bill
,
That
no
Certiorari
shall
be
granted
but
upon
Motion
in
Court
,
and
the
Cause
for
granting
thereof
,
to
be
specified
in
the
Writ
,
and
the
Certiorari
shall
onely
be
delivered
at
the
Quarter
Sessions
of
the
Peace
in
open
Court
,
&c.
That
all
Indictment
,
&c.
removed
by
Certiorari
,
shall
be
effectually
prosecuted
and
brought
to
Trial
or
Judgment
;
or
otherwise
determined
within
the
space
of
two
Terms
,
and
within
the
County
Pallatines
,
within
six
months
after
the
Certiorari
returned
,
or
else
Procedendo's
ex
Officio
&
gratis
,
shall
be
made
,
and
for
default
of
making
the
Procedendo's
;
The
Master
of
the
Office
to
forfeit
for
the
first
Offence
,
forty
pounds
,
and
for
every
other
such
Offence
one
hundred
pounds
.
It
is
humbly
conceived
,
That
the
Allegations
in
the
Preamble
of
this
Bill
,
are
grounded
upon
a
mistake
;
There
being
no
delay
in
the
proceedings
against
Offenders
in
the
Court
of
Kings-Bench
,
process
being
duly
made
out
,
and
Offenders
more
speedily
and
duly
punished
then
at
the
Sessions
of
Peace
,
or
any
Inferiour
Court
whatsoever
:
For
that
forthwith
after
every
Indictment
,
is
removed
into
the
said
Court
,
Process
are
thereupon
duly
made
out
from
Term
to
Term
against
the
Offenders
,
until
they
are
Out-lawed
,
if
they
do
not
appear
;
If
they
do
appear
,
they
must
plead
the
next
Term
after
,
or
else
Judgment
may
be
entred
against
them
:
If
they
do
plead
the
Prosecutor
may
carry
it
to
Trial
,
and
be
allowed
the
third
part
of
the
Fine
if
they
be
Convicted
,
by
vertue
of
a
Privy
Seal
enrolled
in
Court
.
If
the
Prosecutor
doth
not
try
it
,
the
King
doth
not
lose
his
Fine
,
for
unless
the
Defendent
try
it
himself
the
next
Assizes
after
his
plea
,
or
submit
to
a
Fine
,
Process
are
duly
made
out
until
he
be
Out-lawed
;
and
after
the
Outlary
is
reversed
,
he
must
try
the
said
Indictment
,
or
otherwise
legally
discharge
it
.
That
the
King
doth
not
lose
his
Fines
by
reason
of
the
removal
of
Indictments
;
For
that
more
Fines
come
to
the
Kings
use
imposed
upon
Offenders
in
the
Kings-Bench
,
upon
Indictments
removed
,
then
out
of
all
the
Inferiour
Courts
,
though
not
one
Indictment
of
a
hundred
,
is
removed
into
the
said
Court
.
As
to
what
is
first
intended
to
be
Enacted
by
the
said
Bill
:
That
no
Certiorari
shall
be
made
,
but
upon
motion
made
in
open
Court
,
and
delivered
at
the
Quarter
Sessions
of
the
Peace
,
&c.
It
is
Answered
,
That
except
Certiorari's
be
made
in
the
Vacation
time
(
without
Motion
in
Court
)
Persons
can
have
little
or
no
benefit
by
them
:
For
that
the
Quarter
Sessions
of
the
Peace
by
Law
,
are
to
be
kept
in
the
Vacation
time
,
and
before
Motion
can
be
made
in
Court
(
in
Term
time
)
for
the
Writ
,
they
shall
be
adjudged
and
punished
without
remedy
:
And
besides
,
the
great
charge
and
trouble
the
persons
will
be
put
to
in
their
Motions
,
&c.
will
prove
a
Remedy
as
bad
,
if
not
worse
then
the
Disease
.
As
for
Example
,
A
man
may
be
Indicted
in
the
beginning
of
a
Summer
Vacation
,
for
forcible
Entry
or
Detainer
,
by
one
who
pretendeth
Title
to
his
House
or
Land
,
and
turned
out
of
Possession
,
and
lose
all
his
Summer
profit
of
his
Land
,
and
can
have
no
remedy
before
Michaelmas
Term
.
Or
if
a
man
be
Indicted
at
a
Private
Sessions
for
a
forcible
Entry
,
he
shall
be
turned
out
of
possession
,
and
have
no
remedy
,
unless
he
can
have
a
Certiorarie
in
the
Vacation
time
:
And
further
,
the
charge
of
a
Certiorari
by
Motion
in
Court
upon
cause
shewed
,
will
be
at
least
a
treble
charge
to
the
Subject
;
Nay
probably
,
six
times
more
than
now
it
is
.
As
to
what
is
next
intended
to
be
Enacted
(
viz.
)
That
all
Indictments
,
&c.
shall
be
prosecuted
and
brought
to
Trial
within
two
Terms
,
&c.
It
is
Answered
,
That
there
are
no
Assizes
between
Easter
and
Trinity-Term
,
nor
between
Michelmas
and
Hillary
Term
,
for
Trial
of
such
Indictments
;
and
Process
cannot
be
made
out
but
from
Term
to
Term
;
and
if
a
special
Plea
be
pleaded
,
it
cannot
come
to
Issue
,
to
be
tried
in
so
short
a
time
.
As
to
the
last
Clause
in
the
Bill
for
the
making
out
Procedendo's
ex
Officio
&
gratis
.
It
is
Answered
,
That
after
an
Indictment
is
returned
and
filed
on
Record
in
the
Court
of
Kings-Bench
,
which
is
immediately
done
upon
the
return
,
it
cannot
be
sent
back
by
Procedendo
;
for
Process
are
thereupon
immediately
made
out
,
and
the
party
may
be
Out-lawed
,
and
no
Record
to
warrant
it
.
And
if
the
Clerk
of
the
Crown
shall
make
Procedendo's
ex
Officio
&
gratis
,
and
be
at
the
charge
of
sending
Messengers
into
the
several-Counties
to
the
Justices
,
&c.
with
the
Indictments
;
It
may
prove
a
charge
greater
than
the
benefit
of
his
Office
.
And
it
is
further
desired
to
be
observed
;
That
the
issuing
forth
of
Writ
of
Certiorari
,
out
of
the
Court
of
Kings-Bench
,
for
removing
of
Indictments
,
&c.
from
the
Sessions
of
Peace
,
and
other
Inferiour
Courts
,
hath
been
alwayes
accounted
an
undoubted
Right
and
Liberty
,
belonging
unto
the
Subject
,
as
their
Appeal
;
and
that
no
Certiorari
is
made
,
but
by
warrant
from
one
of
the
Judges
of
the
said
Court
;
though
antiently
,
and
till
of
late
,
such
Writ
were
made
without
any
warrant
,
as
commonly
as
Writ
of
Latitat
,
and
such
like
mean
process
.
That
it
is
the
undoubted
Prerogative
of
the
King
,
to
sue
and
prosecute
Offenders
in
what
Court
he
pleases
;
Especially
proper
in
the
Court
of
Kings-Bench
,
where
his
Learned
Councel
most
usually
attend
,
and
where
onely
Writs
of
Outlary
can
be
made
against
Criminal
Offenders
,
for
want
of
Appearance
,
&c.
And
it
is
to
be
observed
,
that
no
Clerk
of
the
Assize
,
or
Clerk
of
the
Peace
,
do
make
out
Process
against
Offenders
upon
Indictments
to
Outlary
▪
notwithstanding
they
do
not
appear
;
neither
do
any
of
the
said
Clerks
certifie
any
Records
of
Outlary
,
into
the
Court
of
Kings-Bench
,
as
by
Law
they
ought
to
do
:
Neither
can
they
make
out
Process
out
of
their
own
Counties
,
in
case
the
Offenders
live
or
remove
into
other
Counties
which
frequently
happens
;
but
Process
out
of
the
Kings-Bench
can
be
made
against
Offenders
all
the
Realm
over
.
That
for
want
of
Certiorari's
,
The
Justices
of
the
Peace
,
may
if
they
please
assume
an
Arbitrary
power
whereby
the
people
may
suffer
for
want
of
their
Appeal
.
That
the
Peers
of
the
Realm
,
and
their
Tenants
may
suffer
much
for
want
of
these
Writs
:
For
though
most
of
the
Peers
are
in
the
Commissions
of
the
Peace
,
yet
they
seldom
appear
at
the
Sessions
:
Besides
,
their
Lands
lie
dispersed
in
several
Counties
.
The
Peers
are
like
more
especially
to
be
prejudiced
in
case
of
forcible
Entries
,
wherein
Justices
of
the
peace
have
power
to
give
possession
of
Estates
without
controul
,
except
Certioraries
be
granted
aswell
in
the
Vacation
,
as
in
Term
time
.