The annals of King James and King Charles the First ... containing a faithful history and impartial account of the great affairs of state, and transactions of parliaments in England from the tenth of King James MDCXII to the eighteenth of King Charles MDCXLII : wherein several material passages relating to the late civil wars (omitted in former histories) are made known.

The CERTIORARI.

Exceptions to the Certiorari, are these.

Obj. 1. The Direction of it to two Sheriffs, one out of his Office, whenas the Sheriff being, ought only to return it.

Ans. Of this there is little doubt, nothing more frequent for the Certiorari to issue out of the Chan∣cery to two parties, as to the Executors, or the Judge that took the Fine, and is removed: And so upon Commission to take a Fine by dedimus po∣••estatem, in this Case the Writ is inter brevia re∣tornabilia; and this must remain with the Old Shoriff, and are never delivered over by the Jury to the New Sheriff.

In Hoberts Case in the Kings Bench, being con∣vict of Heresie before Sir Julius Cesar Judge of tho Admiralty, Certificate to him after Master of the Rolls, and directed to him; so in Case of my Lord Paget.

Obj. The Writ is without return, saith my Lord Chief Baron; and the Certiorari, which is a year and all half after, cannot renew it.

Ans. I answer, That shall not be the Deter∣mining of it only; for the time limited expiring, shall not deprive one of his just debt.

It is not sufficient, because it appears not that Mr. Hampden was Tenant or Terretenant, or that Stoake Mandevile was within the County of Buc∣kingham.

Secondly, It appeareth not that there was any Munition or Ship preparing.

I answer, It doth sufficiently appear that Mr. Hampden was Terretenant, for that the Certiorari is to the Sheriff, who certifieth that he was Te∣nant, for it was in pursuance of the Writ; the words are, Virtute brevis Domini Regis buic S••••e∣dul' annex' certifico, quod virtute & secundum exigen∣tiam ipsius, &c. Assessam Anglice, have assessed su∣per separales homines & terrae Tenent••s Comitat. Bucks. praedict' quorum nomina subscribuntur, &c. It relates to the Place there, Tenants in the Coun∣ty of Buckingham, and makes Mr. Hampd••n one; and this in the business of Knightwood was done, and in no other manner.

Obj. Secondly, It appears not that the Ship was prepared.

Ans. To this I answer, That the Ship was done according to the Command of the Writ.

• 2. It was prepared.
• 3. If none had been prepared, the fault was for that they paid not their Money.

For the Exceptions to the Mittimus I say no∣thing, because I told you the case rests not upon these words, Ʋt Salus Regni periclitabatur, and which is only but to bring it to Issue.