CAP. V.

ANd to as little or no purpose would that antient and just Priviledge of the Kings Servants in ordinary, not to be arrested, troubled or imprisoned without leave first obtained, pro∣fit them, if whilst they shall be busied in attend∣ing the person of the King, or some other of his affairs, they may be sued to an Utlary, and forfeiture of all their Goods and Personal Estate, put out of the protection of the King and his Laws, and thrust under the many damages, inconveniences and incapacities which do way∣lay and fall upon Utlawed persons, and will be hugely contradictory to the right reason and in∣tention of our Laws; neither can any Sheriff retorn upon an Original Writ, retornable in the Court of Common Pleas, to which and no other Court (except in the Court of Kings Bench, in Actions of Trespass, or upon the Case importing a breach of the Peace) in all Civil Actions, the prosecution of Writs to the Utlary doth only and properly appertain; or upon a Bill of Middlesex, a great encroacher upon the Rights Page  251 and Jurisdiction of the Court of Common Pleas, and a greater upon the Rights and Liberties of the people; or an Action entred in the Sheriffs Courts in the City of London, or of any other City or Corporation, that any of the Kings Ser∣vants who were not wont to be either Beggars or Runagates, nichil habet, nec est inventus, (the later of which however now disused, was anti∣ently never omitted, but as a companion in sepa∣rable upon such Retorns of Writs, went toge∣ther with the former) when as the Offices and Places in the Kings Court, were not usually so poor or unprofitable, as that they should be worth nothing, or those that enjoyed them so willing to leave them, as to run away from them.

And then certainly if by Law any such Re∣torns cannot in the case of the Kings Servants in ordinary, be justly or legally made, nor any Pro∣cess of Capias, or to arrest, executed against them, without a leave or license first obtained; nor any Utlary without a Capias, after that an alias Capias, and afterwards a pluries Capias, being all three of them with fifteen dayes betwixt the Testes and Retorns first and successively to be retorned, as now the manner of retorning them of course is usually, before any Exigent can be awarded in order to an Utlary, if the Defendant do not appear before unto the Action, whether Civil or Criminal, to prevent it; which so often repeated process and warnings the Law doth so strictly enjoyn, as in the Reigns of King Henry Page  252 the 4th. and King Henry the 6th. p Utlaries have been reversed, for that the Exigent was awarded to Utlaw the Defendants upon the second Capia•.

There cannot be any just or legal possibility of Utlawing of them, although they be neither Great Officers of State, nor of the Kings Privy Councel, or of the Baronage, who by reason of their eminencies, high degrees, and qualities, are alwayes to be excepted from those ordinary kinds of Process.

For if any of the Kings Servants in ordinary should be wronged by any such false Retorns, which must necessarily fore-run and open the doors of the Process of Exigent, the Prologue or Ushers to an Utlawry, they are and ought to be as justly entituled, as any of the common people of England are to an Action of the Case, against the Sheriff or any other who shall make or cause to be made any false Retorn, quod nichil habet, that he had nothing, (when as many of them have good, or great, or some Estates in Lands and Freehold in the County or place where the Action is laid) or, quod non est inventus, was not to be found in his Balywick; the later of which was in former ages used to be so ill resented, as in the Reign of King Edward the 3d. an Action was brought against one for retorning upon a Writ, quod non est inventus, that he was not to be found, whereby a Capias or Writ to arrest him was awarded against him.

And as much against the mind of the Law it Page  253 would be, and a very great distance from truth and reason, that the King in the usual process and proceedings unto or towards an Utlary, should cause an Original Writ to be directed unto the Sheriff of Middlesex, who is by Law to execute no Writ in his Court or Palace, to com∣mand one of the Kings Servants to pay a Debt demanded by the Plaintiff; or if he did not, to summon him to appear before his Justices of the Court of Common Pleas at Westminster, to shew cause why he did not, when his own Officers of his most Honourable Houshold, upon leave ob∣tained to prosecute the Debtor in the Court of Common Pleas, were more properly to have made that summons, should upon a nichil habet nec est inventus, that he hath nothing, or is not to be found retorned upon such an Original Writ by Clerks or Attorneys of course, without the warrant or privity of the Sheriff in whose name it is retorned, and to whom it is directed, suffer a Capias in his Name, and under his Seal, to arrest or take his body, to be issued out against his Yeoman of the Robes, or his Physicians in or∣dinary, or some other of his Servants in ordi∣nary necessarily attending him, not by courses, (as many other are by the indulgence of his Royal Majesty, for the ease of his Servants, per∣mitting them to officiate by turns, which within a few weeks or months brings them again into their duty and places of attendance) but con∣stantly every day and night in the year.

And should upon a non est inventus, retorned Page  254 of course as aforesaid, when the time or day pre∣fixed in that Writ of Capias is expired, suffer in his Name and under his Seal another Writ of alias Capias to be made to the said Sheriff, com∣manding him to arrest or take the said Yeoman of his Robes, or any other of his Servants in ordi∣nary, whom he knows not to be absent from his service or affairs; and upon a like feigned and false retorn of course upon that Writ, when the time prefixed for to arrest him is expired, cause or command a Writ of pluries Capias to be made or issued out against him; and upon the like feigned and false retorn, made upon the said Writ of pluries Capias, when the time prefixed to arrest him is expired, cause a Writ of Exigent to be issued out, commanding the Sheriff in five several County Court dayes, to call the said Yeoman of the Robes, or such other his Servant in ordinary, and if he appear, to take him, if not, to retorn him Utlawed; and should likewise at the same time, issue out at the request of the party Plaintiff, his Writ of Proclamation, directed to the Sheriff of the County where his Family resided, to be proclaimed at two several County Court dayes, and a third time at the Parish Church door upon a Sunday, imme∣diately after Divine Service ended, commanding the said Yeoman of the Robes, or such other his Servant, to appear and render himself to the Sheriff, otherwise to be Utlawed, when he knows he was at that instant of time, and would be at other times prefixed, busie and imployed Page  255 in a near attendance upon his Person; or that the Ye•man of his Robes, or such other Servant in ordinary, should be Utlawed upon an intend∣ment or supposition in Law, that after so many iterated contempts of the King, and his Process or Writs, being twelve in number, that is to say, a contempt upon not appearing upon the Origi∣nal Writ, three several contempts upon the Capias, Alias, and Pluries, five other contempts in not appearing at the five Husting dayes, if the Acti∣on had been laid in London, or five County Court dayes, if the Action were laid in any County, and three several contempts in not appearing upon the Proclamation, when he either knew not of the Process, as it very often happens, or if he did take notice of them, refused to appear to the said Action, because his business about the Kings own person and affairs would not per∣mit him.

And should thereby subject him to all the mis∣chiefs and inconveniences of an Utlawed person, and that fierce Process of Utlary called a Capias Vtlegatum, and command a Sheriff to enter into any Liberties, as if he intended such Ser∣vants might be taken in his Bed-Chamber, or his Court, which no Law or Custom hath hi∣therto permitted, or held fitting or reasonable; and seize his Person, Lands and Goods, and Lease and Demise away his Lands to the Plain∣tiff, untill he shall appear and answer the Action, and the King for the Contempts in not appearing thereunto; when as it was the Kings Page  256 own necessary affairs and business that hindred him, and he was at that instant of time busied in his duty and attendance upon his person; and cannot be restored unto the benefit of the Laws, and the Birth-right of a Subject, untill he shall have reversed the Utlary by Plea, or Error, or as the usage of the Law was in the time of King Henry the 4th. and long after, that the Utlawed person could not be restored, till he had been by the Court committed to the Prison of the Fleet for his contempts, purchased and pleaded his Charter of Pardon from the King, under the Great Seal of England, and appeared to the Action, when the King and his service and attendance, was the only cause that he did not or could not attend or appear thereunto, or put in Bayl to answer it, when there was no danger of his absence, or flying away from the Kings Service, which is or ought to be not a little ad∣vantageous or beneficial unto him.

And when the Plaintiff, at whose instance such a prosecution was made, might with as much ease, and as little charge, and a far less expence of time, have petitioned the Lord Chamberlain of the Kings Houshold, and obtained a license to have taken his course at Law against him: And if the Lord Chamberlain had given the Defendant a reasonable time or prefixion for the Plaintiffs satisfaction, as his Lordship usually doth, it would probably not have exceeded the time of six months, which is by our Laws the shortest time wherein a Defendant can be Utlawed, Page  257 which as Bracton saith, ought not to be sudden∣ly done, but to have five months warning or time given in regard of the severity thereof, when a man is Utlawed and is thereby to forfeit bona & catalla, patriam & amicos, his Goods, Chat∣tels, q Countrey, and profits of his Lands, to be as an exile or banish'd man, was not to be received or entertained by his Friends, could not bring an Action for any thing due unto him, un∣till the Utlary be reversed, but was as antient as the Saxon times accounted to be a Friendless and Lawless man.

And it would be a great piece of incivility, to prosecute such a Servant of the Kings in ordi∣nary, so busied and imployed about his person, and not first of all to Petition for his license, when in an ordinary way and with no great charge, and a great deal sooner than the Defen∣dants appearance to his Action can be enforced by an Utlary, it might have been so easily pro∣cured; and possibly the Kings great occasions and expence of money for the Publick and their defence and protection, wherein the good and safety of that Plaintiff was amongst the rest in∣cluded, might be the cause that he could not pay such Servant in ordinary his wages, and that such Servant could not so soon as he otherwise would have satisfied the party prosecuting, there being no reason to be assigned by any whose exuberant phancies have not altogether divorced them from it, that one that is but imployed upon a seldom and temporary imployment of the Page  258 Kings, and is not his Servant in ordinary, nor the business he is imployed in so continually near and relating to his person, should during that his temporary imployment, and of a far less con∣cernment as to go on a Message for him, or in company of some Ambassador, be priviledged during his absence in his Person, Goods and Estate, and a Servant in ordinary continually at∣tending his Sacred Person, should be only pro∣tected in his Person, but not in his Estate; or that the priviledges and immunities so antiently due and appropriate to his Servants in ordinary, and near his person, should be curtailed, and have less allowed them than Strangers, and such as are only imployed for some small time or occasion.

Or that the Utlawing of any of his Servants in ordinary, should forfeit their so just Rights and Priviledges, when as by the Law and rea∣sonable Customs of the Kingdom, they are not to be Utlawed, or put in Process of Utlary, without license or leave first asked; and no man should be Utlawed or punished for a default of not appearing, or have any Process of arrest or contempt awarded against him, where he had a reasonable excuse or impediment, or cause of Essoyne, as by Inundation of Waters, being sick, or in the parts beyond the Seas, or so great a one as the Service of the King; for if Utlaries in such a case unduly obtained, should cause a for∣feiture of just and legal Customs and Priviledges, any that had a mind to do a mischief to a suppo∣sed Page  259 adversary, might as well contrary to the Priviledges of Parliament, in the time of Parlia∣ment, find or make a pretence to Utlaw any of the Members of either of the Houses of Parlia∣ment, and make that to be as it were a forfeiture of their Priviledges, and a justification (which they can never make out) of the infringing of them, and the Parliament-men of the House of Commons might be Utlawed persons, which the Law forbids, and by tacite and many times undiscerned Utlaries, might lose and be depri∣ved of their Priviledges.

And the parties offending or endeavouring such breaches of Priviledge, should not take ad∣vantage de son tort, of their own wrongs or tortious doings, which our Common Law maxime doth abhorr, and the Civil Law doth as little like or allow, when its Rule is, that Nemo r commodum consequi debet ex suo delicto, no man is to take profit by his offence against the Law.

For in vain should the Kings Servants be by the Constitution of Clarendon in the Reign of King Henry the second, freed from Excommu∣nications, or the Ministers or Priests be by the Act of Parliament in the 50th. year of the Reign of King s Edward the third, and the first year of the Reign of King Richard the second, exempted from being arrested in the Church or Church-yard, if an Utlary, which being very antiently used in Criminal matters, but not in Civil in Bractons time in the Reign of King Page  260 Henry the 3d. taught the way and manner of it in Civil, should be able to forfeit it, or take them away; for in and before that Kings Reign, Bracton saith, t Videtur nulla esse Vtlagaria si factum pro quo quis Interrogatus est Civile sit & non Criminale, pro quo quis vitam amittere non de∣beret vel membra, it seemeth there ought to be no Utlary, where the Defendant or party is pro∣secuted for any Civil matter, not Criminal, wherein he was not to lose either life or members.

And very unbecoming the Majesty and Ho∣nour of a King it would needs be, to have any of his Servants Utlawed, and pursued with Process of Utlary, whilst they are attending upon him, and made to be as the out-cast and reproach of the people, and not be able to protect them in their just Rights and Li∣berties; or that any of our Kings Servants should Lupina capita gerere, be as men wearing Wolves heads, which was the antient mark or note of infamy of such as were Utlawed in Criminal matters, instead of honourable Li∣veries, or marks of the Kings Servants in or∣dinary.

When in the 6th. year of the Reign of King Henry the 4th. Roger Oliver the Son of John Oliver, being in obsequio Regis in u Comitiva Johannis Lardner, Capitanei Castri de Oye in par∣tibus Piccardiae, pro munitione Castri praedicti, in the Kings Service in fortifying the Castle of Oye in Picardy, under the command of John Page  261 Lardner Captain of the Castle aforesaid, was Utlawed by Process out of the Court of Com∣mon Pleas, at the Suit of John Paxman, in an Action of Debt for Forty pounds, when as die promulgationis Vtlagarie, & diu antea & postea fuit in obsequio Domini Regis, at the time of his being Utlawed, and long before and after, he was in the Kings Service as aforesaid, and brought his Writ of Error in the Kings Bench to reverse it, prayed a Writ to the Captain aforesaid, to certifie whether he was then in obsequio Regis, in the Kings Service; per quod mandatum fuit praedicto Capitaneo, whereupon it was commanded to the aforesaid Captain, to certifie quo die & anno, what year and day the said Roger was im∣ployed as aforesaid, & per quantum tempus ibi∣dem remansit in obsequio Regis in Comitiva sua continue, & quo die & anno recessit, and how long he there served without intermission, and what day and year he departed; whereupon he giving Bayl by four Sureties, to appear ad prae∣fatum terminum, & sic de die in diem quousque, &c. at the term or time appointed, and so from day to day untill he should be discharged. And the Captain certifying the day when the said Roger came into the Kings Service, and when he departed, the said Roger prayed a Writ of Scire facias, to warn or summon the said John Paxman to appear and hear the Error alledged; and the Sheriff not having executed the first Scire facias, and a second being awarded, executed and re∣torned, and the said John Paxman not appearing, Page  262 the said Roger assigned for Error, that he was in obsequio Regis, in the Kings Service as afore∣said, and prayed that the Utlary might be re∣versed for the Error aforesaid; & quod Curia ad examinationem recordi & processus ex officio pro∣cedat, and that the Court would as they ought proceed to examine the Record and Process aforesaid; which being considered and exami∣ned, the Court ob Errorem illum, & alios in re∣cordo & processu compertos, for that and other Errors appearing in the Record and Process aforesaid, did reverse and annull the said Utlary.

And in the 9th. year of the Reign of the said King, a man being Utlawed for Felony, (which is of a worse nature and consequence then in an Action of Debt) did reverse that Utlary upon a Certificate that he was in the Kings Service at w Burdeaux in France, at the time of the Utlary pronounced; and in the second year of the Reign of King Edward the 4th. a man taken upon a Capias Vtlagatum for Felony, pleaded that at the time of the Utlary pronounced, he was in the Kings Service at x Calais, under the Go∣vernour or Captain thereof, which being certi∣fied was allowed; when in all cases of Vtlary, the Judges of Courts, and the Kings Serjeants, or Councel at Law, were alwayes not a little watchfull to preserve all the Kings Rights and advantages.

For if upon a command of the King by his Letters Patents, to do any of his commands or Page  263 affairs, (which kind of Authority certainly the Kings Servants in ordinary y neither need or ever demanded) or the party impleaded alleag∣ing that he served at Calais under such a Captain, shall be sufficient Pleas to avoid Vtlaries, the one (as was adjudged and holden for Law in the 11th. year of the Reign of King Henry the 7th. in the Kings Bench) being to be tryed by the Certificate of the Captain, and the other by the Kings Letters Patents.

And the party Vtlawed shall have a Writ of Scire facias, without shewing the Kings Letters Patents, unless the Plaintiff do traverse it, as well as in the other Case he shall be discharged of the Vtlary by the Certificate of the Captain; the Certificate certainly in the Case of an Hous∣hold Servant of the Kings, of the Lord Cham∣berlain, or other Great Officer of the Houshold to whom it appertaineth, may deserve to be as available.

And yet in all the aforesaid Cases of Protecti∣on or Priviledge, they that were abiding within the Realm, might ever since the making of the Statute in the 20th. year of the Reign of King z Henry the third, and of the Statute made in the 13th. year of the Reign of King Edward the first, and such as departed the Realm by the Kings license, by an Act of Parliament or Sta∣tute made in the 7th. year of the Reign of King a Richard the second, make their Attorneys to answer for them in any Actions to be brought against them. And if in case of less conse∣quence, Page  264 or upon a smaller ground of Law or Reason, the Law hath so much favoured a pri∣vare person, as to permit him to reverse an Vtlary, because he was itae languidus b tempore promulgationis Vtlagarie, so sick at the time of the pronouncing or adjudging him to be Vtlawed, that he could not propter periculum mortis, appear without danger of death, (when as he might have made or sent his Attorney) as it was ad∣judged and admitted in the 4th. year of the Reign of King Henry the 5th. the Kings c Ser∣vants should in matters so very much concerning his Person, and the Weal publick, not be de∣barred of their plea of a greater impediment, by their necessary attendance upon the person of their Soveraign.

All which may certainly give us to under∣stand, and perswade every one that wilfully gives not way to his fancies and misapprehen∣sions, to over-run and trample upon his reason, that the Priviledge of the Kings Servants in or∣dinary, had its beginning and continuance as well from the necessity of their attendance upon his person and affairs, as from the respect and ho∣nour which was and should be alwayes due unto the King their Master.

And that therefore if the Laws and reasona∣ble Customs of England, do as they have ever done, and by a right interpretation of them are alwayes to be understood, will not permit that the Kings Servants in ordinary may be arrested in any Civil Action, without the leave or license Page  265 of the King or the great Officers of his most honou∣rable Houshold, under whose jurisdiction they do officiate first obtained, nor suffer any Member of the House of Commons in Parliament in the time of Parliament, whilst he is in the service of their King and Country to be outlawed, because he cannot be Utlawed without Process of three Capiasses of Writs to arrest & an Exigent & Proclamation first award∣ed & returned against him, & such Writs or Process could not be awarded, during the against him con∣tinuance or adjournment of Parliament.

It may justly, rationally and legally be con∣cluded, that they cannot be Utlawed.

Until there can be an Utlary without a Capias or Process of Arrest & a Capias without leave or licence first obtained of the great Officer of the Kings most honourable Houshold to whom it appertaineth, and an alias and pluries Capias also to arrest, retur∣ned with a non est inventus, that such of the Kings Servants being sought to be arrested, is not to be found, and until there can be a contempt where there is none, a consequent without an antecedent, and an effect without a cause.

Howsoever if any of the Kings Servants should at any time be so indirectly and unduly outlawed he may by the favour of their Royal Master be in∣lawed and restored to the benefit and protection of Him and his Laws, as was some hundred of years ago, held to be Law and right reason by Bracton, who left it as a Rule to posterity, that Rex poterit utlagatum de gratia •ua per literas suas Patentes inle∣gare & recipere eum ad pacem suam, & reponere eum Page  266 in legem, extra quam prius positus fuit, The King may of his Grace by His Letters Patents pardon the Utlary, and (d) restore him to the bene∣fit of his Laws, but if he were outlawed contra le∣gem terrae debet eam pronunciare esse nullam & utla∣gati secundum legem terrae facilius recipiuntur ad pa∣cem secundum quod ibi fuerit causa, vera vel nulla, vel minus sufficiens, contrary to the Law of the Land the Utlary ought to be annulled, and the Defendant more easily received into the protecti∣on of the King and his Laws, where there was a just cause for to reverse it, or where the cause of the Outlawry appeared to be none or insuffici∣ent, with whom concurred Fleta (e) who likewise said, quod utlagati extra legem positi ad legem gra∣tia Principis concomitante restitui possunt & inlagari dum tamen causa utlagariae nulla fuerit vel nimis ma∣ture, That men outlawed or bereaved of the bene∣fit of the Laws may by the favour of the Prince be restored, when the cause of the Vtlary was none, or it was sooner promulged or adjudged then it ought, and may well be understood to be no other∣wise.

When our very learned Bracton did long agoe rightly define an outlawed person to be qui principi non obediat nec Legi, which obeyed not the King nor the Law, and the cause of an Outlawry (f) to be contumacia & inobedientia, contempt of the King and disobedience unto him and his Laws, such Servant of the King which o∣beyeth the King his Soveraign and Royal Master in the duty of his place, necessary attendance, and Page  267 service cannot be adjudged to disobey the King at the same time when he doth more especially obey him: And if not guilty of any disobedience contu∣macy or contempt to the King cannot be under∣stood to be so unto his Laws or established Courts of Justice, which do act and do justice and punish in his name only and by his authority, for where there cannot be a contumacy or cause of it accor∣ding to the priviledge of the Kings Servants in the first Process or Summons in Order to the intended Vtlary nulla sequi deberet captio & cum g captio nulla saith g Bracton, nec ea quae sequntur locum habere debeant, no Capias or Writ to arrest ought to issue, and when there is no Capias or Writ to arrest, the Vtlary which shall be endeavoured to be the con∣sequence of it is not to be at all quia ubi primum & principale quod est summonitio non subsistit, for that the principal which was the Summons was not duly awarded.

But if any shall think it to be a contempt of the Kings Process or Courts of Justice although it be none against the K. himself, such a contra-distinction will prove to be as invalid, illegal and irreligious as that abominable one in the late Times of Confusion of distinguishing betwixt the person of the King & his Authority, and his natural and politique capa∣city, which our Laws do declare to be so united as though most of the Regal Priviledges are adjudged to appertain to the Sacred Persons of our Kings for the Kings Prerogative, as Justice Brown alledged in the argument of VVillon and Berkleys Case, en re∣spect de son person & vaont a son person, is in respect Page  268 of his Person (h) and do attend it, and howsoever there are some that do only and properly belong to his Politique capacity, yet his natural and politique capacities are neither to be confounded or so sepa∣rated, as one to be against or contrary to the o∣ther.

And they which are so willing to entertain or harbour any such opinions may do themselves more right to believe that which a more serious con∣sideration may inform them, That the Civil Law defining representation doth make it to be no more then locum (i) alterius obtinere vel tantundem vale∣re to be in the place of another or to avail as much as if he were present, and preses Provinciae dicitur in provinciis representare qui in eadem judicis & juris vicem tenet, the President of a Province is said to re∣present, & is as a substitute of the Judge & the Law and Acts there in the place of them, which to all that are but smally acquainted with those excel∣lent Laws cannot seem to be abs•lute, when they may every where find the Praetors or Proconsuls of Provinces, advising (as the younger Pliny sometimes did with Trajan the Emperor) in their Letters to the Emperors upon all emergencies and cases in Law, and directing and steering their Judgments and sentences according to their rescripts and an∣swers retorned unto them, and our common-Laws of England, where they do sometimes seem to say that the King is virtually present in his Courts of Justice, do it but as authorative, with a quoad, qua∣tenus and quodam modo, as unto such or such things and particulars, in a certain manner, as far as the Page  269 reach and compass of the Delegated power com∣mitted unto their care and trust will extend, for the King is not in such a manner represented by or in his Courts of Justice by his authority granted unto them as to be no where else in his natural or per∣sonal Capacity or Commands, for then he must be Apotheosed or more then mortality or mankind will permit, and so omnipresent and every where, as to be at one and the same morning, hour and in∣stant of Time in the Terms or Law dayes in the Court of Common-Pleas, Exchequer, Kings-Bench and Chancery, out of the later whereof he could not issue out in the same day and moment of Time, his Writs Original and remedial under his Teste meipso, witness our self in the Chancery au∣thorizing the Justices of the Court of Common-Pleas to hold Plea in most of the Actions which they have cognisance of and are impowred to hear or determine, and be at the same time truly and properly believed to be in the Court of Common-Pleas, nor could cause any of their Records to be transmitted coram nobis, unto himself in his Court of Kings-Bench to correct the Errors committed in some Action by the Judges of the Court of Common-Pleas, nor by a Writ of Pone upon a Certi•rari out of the Chancery under his Teste meipso, as •f he were there present to direct it to be tryed in the Court of Kings-Bench coram no∣bis, by a supposition, that it should be there deter∣mined before himself, neither did some of our Kings need to have holden Parliaments by their Substitutes or Commission, as King Edward the Page  270 third did in his absence to his Son Edward Duke of Cornwal, and at another time unto Lionell Duke of Clarence another of his Sons, if he could by any just or legal intendment, have been supposed to have been there alwayes absolutely, and to all pur∣poses virtually present.

But if there should be a refusal by any of the Kings Servants in Ordinary, to appear upon any Writs or Process issuing out of any of his Courts of Justice, whilst they are in the Service of the King their Master, yet when the King shall have discharged that refusal or contempt (if it should be so called) by a greater and more necessary com∣mand in the case of any of his Servants attend∣ing upon Him, that contempt is no more to be in∣sisted upon, for if in such a case of his moeniall Ser∣vants, his command in the necessary attendance upon his person or affairs in one place shall not a∣mount to a Supersedeas or discharge of any suppo∣sed contempt of his Writs and Process and dele∣gated Mandates in another. And his commissio∣nated Courts of Justice, should adjudge his Ser∣vants to be guilty of a contumacy or contempt a∣gainst his Courts of Justice, in not obeying of his Process, whilst they do attend upon his person in the safety and well being of Him and all his Sub∣jects, and of the Courts of Justice themselves, they must separate themselves from themselves, and them∣selves from the King which intrusted them with that authority, & by too much supposing his authority to be in themselves, mistake & fancy that authority in them to be Superiour to him that gave it, erect to Page  271 themselves a kind of Superiority over him which gave them that authority, by and under which they do act and are impowred, the bounds and limits whereof they should not go beyond or exceed.

For although there may be a contempt charged upon some one or more of the Kings many Ser∣vants, attending in his Court or Pallace, for diso∣beying or not performing some of his personal commands, and upon the same party much about the same Time for a contempt for not obeying or performing the Precept or Process of his subordi∣nate Judges, by not appearing to some Action pro∣secuted before them, and so a double contempt or contumacy against the King, yet the contempt to the Kings personal command is and must needs be greater then that which is to his Justices or Courts of Justice, and is more immediate then that which is but mediate, & concerns but some one particular Plaintiff, & not seldom in a malicious or unjust cause of Action, or if just, for some trivial hot headed un∣charitable and unneighborly cause of Action, as for Trespass of a Horse or Cow broken into his Pasture, by the default or occasion of his own ill Fence or Hedges when the Beast knew as little of reason or property, as the Plaintiff did of Religion or the rules of Christianity, when that which is more im∣mediately to the King, may not a little, but greatly concern the well or ill being of the whole Nation▪ or of multitudes, and in that general and universal concernment of the angry prosecutor himself, when that which is but mediate, and a lesser contempt to some one of the Kings Courts of Justice in not Page  272 appearing to some of their Writs or Process made out in the Kings name, and by his authority, con∣cerneth only a few particular persons.

And the•efore we should too much thwart those common principles of reason and understanding, to deny the greater command, its power and effi∣cacy before the lesser, and that of the King, before that of his Justices or to punish and arrest any of the Kings Servants, if they were not so justly enti∣tuled to the Priviledges aforesaid (for all or the most part of Arrests by order or course of any Courts of Justice in civil Actions before appea∣rance, are grounded either upon contempts or propter suspitionem sugae, to prevent running away) for disobeying the lesser authority, and a private and particular concernment, to obey the greater, or the commands of the King in just and lawful things as a Servant in matters relating to his service and in that to the weal publique, or greatest con∣cernment, and may well be excused for failing in the lesser or private, when he is by his Oath usually administred unto the Kings Servants, truly and diligently to attend and wait, and not to depart out of the Kings Court, without licence had or obtained of the Lord Chamberlain, or other the Officers of the Kings most honourable Houshold, unto whom it appertaineth k and to obey all and singular commandments given in charge on the behalf of the King, and is not by his Oaths of Allegiance and Supremacy to lessen or abrid•e any of the Kings Royal Jurisdictions, Pre∣heminences and Priviledges, from and under which are legally derived the aforesaid Rights and Privi∣ledges Page  273 of his Servants, who if they were not privi∣ledged, are not in the contrariety and conflict of superior and inferior commands, to neglect those of the Superior, where he is so bound and ingaged by the duty of a Subject and Servant, and so many obligeing Oaths to obey the Writs or Precepts of an Inferior, to whom they are under no Obligation of Oaths, nor are to be compelled to break those Oaths and Obligations, or to do impossible things when as id possumus quod de Jure possimus, things unlawful should be ranked amongst the impossibles & our Laws do assure us that Lex non cogit impossi∣bilia, that the Law doth neither ordain nor compel impossible things to be done or doth punish for the not doing of them.

But if a restless Spirit of opposition to the Kings Rights or Regalities shall not permit an acquies∣cence unto that which hath been already said in defence of that part of it which concerns the Pri∣viledges of his Servants, but that an objection must be picked up to support their factious incivi∣lities, that the King ought not to punish or impri∣son any for the breach of his Servants Priviledges, in the causing of any of them to be Arrested or Outlawed without leave or licence first procured when the Writs and Process, tending thereunto are made in his own Name, and under his smal or lesser Seals, as to Writs and Process issuing out of the Courts of Kings-Bench and Common-Pleas delegated and entrusted by him unto the two Lord Chief Justices thereof, l the answer will have no difficulty, if it shal be as it ought to be ac∣knowledged, Page  274 that those Writs & Process seldome expressing that the Defend. is the K. Servant, are of course made out and Sealed by Officers and Clerks of the Court whence they issued without the privi∣ty or knowledge of the King or his Lord Chancel∣lour or Keeper of the Great Seal of England, or the Judges of the Court of Common-Pleas, and that if those Writs which now and for many yeers past, to the great ease of the people have been made in an ordinary way and course at smal rates and charges as anciently, as the Raign of King John and King Henry the third m should have been made by the privity of the Chancellour, or Chief-Justice, or of the King himself, or granted upon Motion or Petition, and read, and recited in the Kings presence, or in Court by or before the Chancellor or Chief-Justice, when such Actions, Writs or Complaints were few and seldome, yet when afterwards they should appear to be mistaken, too sodainly or erroniously granted, or that the King or the Court have (as in humane affairs it may often happen) been misinformed or deceived there∣in, such Writs or Process, surprize or mistake may be revoked and rectified, and the Writs and pro∣ceedings thereupon contradicted by the King or his Authority, as hath been done in the Writs of Supersedeas to the Barons of the Exchequer to stay their proceedings in Common-Pleas, or to n the Marshalsea, of matters wherein they have no Jurisdiction, that known Rule of Law declaring the Kings Letters Patents of the Grant of Lands to a man in Fee or Fee Tayl to be void, where the Page  275 King is deceived in his Grant, or as King Henry the 3d. superseded his Writ de o Excom∣municato capiendo to Arrest, or take an excommuni∣cated person, because he was circumvented in the granting of the Writ, or made void his Conge d'p Eslire, to the Priory of Carlisle, & confirmed an election upon a former Conge or licence, or as is often done by that common & usual way of Supersedeasp made by the King upon matters ex post facto, or better infor∣mation, or by his Justices and Courts of Justice by Writs of Supersedeas quia improvide or Erronice or datum est nobis intelligi, in regard of misinformation, Error, or better information, or in the vacating of Recoveries & Judgments, & discharging Actions, for abuse of the Courts, or ill obteining of them, q or their Writs & Process, & freeing of prisoners taken & Arrested by Writs or Process not duly warranted.

And that such an indirect and feigned prosecu∣tion of the Kings Servants to the Utlary, designed only to abridge the King of his regal Rights, for∣feit and annul the Priviledges of his Servants, and obstruct and hinder his service and attendance as∣well deserves a punishment, as that which was usual in our Laws in the Reigns of King Henry the 3d. and King Edward the 1. for indirect recove∣ries, or Judgments obtained by a malitious sur∣prize, falshood or non-Summons, as the ensuing Writ will evidence.

Rex vic. Salutem praecipimus tibi quod habeas co∣ram Justitiariis nostris, &c, talem petentem,r scilicet ad audiend. Judicium suum & considerationem. Curiae nostre de hoc quod ipse per malitiam & manifestam Page  276 falsitatem fecit disseysiri talem de tanta Terra cum per∣tinentiis, &c. Et unde cum ipse B nullam haberet summo∣nitionem optulit se idem A, versus eum itaqd. terra capta fuit in manum nostram semel & secundo & per quani defalt idem A terram illam recuperavit desicut illa de∣falta nulla fuit ut dic. catalla ipsius B in eadem terra tunc inventa & ei occasione praed•cta ablata eidem sine dilatione reddi facias & restitui Praecipimus etiam tihi qd. habeas coram, &c. ad eundem Terminum A & B per quos summonitio prima facta fuit & in Curia nostra Te∣stata & praeterea quatuor illos per quorum visum terra illa capta fuit in manum nostram & per quos captio illa testificata fuit in Curia nostra, &c. & etiam illos per quos secunda summonitio facta fuit & testata ad certifican∣dum Justitiarios nostros de praedictis Summonitionibus & Captionibus. Et habeas ibi hoc breve Teste, &c.

The King to the Sheriff (talis loci) County or place sendeth greeting, We command you, That you have before our Justices, &c. such a Deman∣dant, that is to say, to hear the Judgement & Or∣der of our Court, in regard that he by malice and manifest fraud caused such a one (the Tenant to be disseised of so much Land with the appurtenances &c. whereupon when the said E the Tenant or De∣fendant) had no Summons the said A (the Plaintiff or Demandant) did so prosecute that Action, that the Land was taken into our hands, a first and se∣cond time, by which default the said A recovered the Land, whereas there was no default as was alledged, and took the Goods and Chattels of the said B then found upon the Land, and taken from him by that means, We command you that without delay Page  277 you cause the same to be rendred and restored unto him, that you also have before our Justices at the same time A and B, by whom the first Summons was made and certified into our Court, &c. and likewise those by whom the second Summons was made, whereby our said Justices may of the afore∣said Summons and Captions be certified, and have you there this Writ, Witnesse, &c. Or that which King Richard the Second did in Parliament, in the fifteenth yeer of his Raign, inflict upon Sir s VVil∣liam Bryan, for procuring a Bull of the Pope to be directed unto the Archbishops of Canterbury and York, to excommunicate some that had broken his house and carried away his Writings by commit∣ting him prisoner to the Tower of London, that fact and doing of his, being by the Lords in Parlia∣ment, adjudged to be prejudicial to the King, and in Derogation of his Laws, such and the like arti∣fices and devices, being so much disliked by the Commons in Parliament, in the 39th. yeer of the Raign of King Henry the sixth, as they complained by their Petition to the King & Lords, that t VVal∣ter Clerke one of their Members, a Burges for the Town of Chippenham in the County of VVilts, had been outlawed and put in Prison, and prayed that by the assent of the King and Lords he might be released, and their Member set at Liberty.

Or that which King Henry the eighth did in the Case of Trewynnard▪ a Burgess of Parliament u im∣prisoned upon an Utlary after Judgment, in deli∣vering him by his Writ of Priviledge, which up∣on an Action afterwards brought against the Exe∣cutors Page  278 of the Sheriff, and a Demurrer was resolved by the Judges to be legal.

And therefore Philip late Earl of Pembroke and Montgomery, Lord Chamberlain of his late Maje∣sties Houshold should not be blamed, for causing in the yeer of our Lord one thousand six hundred thirty and seaven, one Isaac VValter to be taken into custody, as hath been before mentioned for a contri∣vance not to trouble himself to ask leave to arrest Henry Hodsell one of the Kings Servants, by suing him to the Utlary, & endeavouring by that artifice & way of rigor & extremity to do what he pleased with his Goods & Estate, without arresting his per∣son, or infringing of that part of his Priviledg, which being a Correlate to the King becomes to be his con∣cernment as wel as a concernment of any of his Ser∣vants which shal be arrested or imprisoned without leave or licence first, as aforesaid to be demanded, for it is the K. Priviledge, and a part of his Regality & Honour, that his Servants should not be arrested or taken from his Service without a licence first procur∣ed: And it was therefore no indigested or unwarran∣ted opinion of Bracton, when putting the Case where a Laick hath consented to a Tryal before a Judge Ecclesiastical, or in foro vetito in a Court, where he should not, of matters quae pertinent ad w Co∣ronam & dignitatem Regiam, which appertained to the Kings Crown and Dignity, he concludeth, That poterit enim quis renuntiare iis quae pro se introdu∣cta sunt sed tamen non in praejudicium aliorum sicut in praejudicium Regiae Dignitatis quia injuste non trahitur ad alienum forum ex quo renuntiando privilegio suo hoc Page  279 voluit injuste tamen propter privilegium Regis, That any man may renounce those things which were granted in his favour, but not to the prejudice of another, because he cannot be said to have been unjustly drawn to appear in another Court or Ju∣risdiction, when he did waive or forsake his own priviledge, yet he did it unjustly in regard of the Kings Priviledge, Et imponi non potest necessitas Regi quod suam Jurisdictionem amittet, and the King is not to be necessitated or imposed upon to loose his Jurisdiction, which will appear to be conso∣nant to the wisdome of many other Nations, the rule of the Civil Law being, that a Priviledge can∣not be renounced or disclaimed in praejudicium re∣servantis sibi Jus in Privilegio, to the prejudice of him that reserved a right in that priviledge, vide∣tur enim inter partes ultro x Citroque obligatio con∣tracta quo fit ut unus consensu tantum distrahi non po∣test, for there is such an Obligation or contract betwixt the parties on both sides, as with the con∣sent only of one of the parties it cannot be dischar∣ged suc• deceitful Contrivances to defeat the King of his Regalities and Priviledges, and bereave him of the attendance of his Servants, by arresting and imprisoning them, whether he will or no, and if they cannot do it one way, to compasse and do it by another, upon an impulse only of some over fierce, malitious or uncivil Creditors or Complanants will or haughty humor, to prejudice or abstruct their Soveraigns affairs or service, when they knew a more easie and mannerly way to compasse their pretended rights by petitioning for a leav or licence Page  280 to take their course at Law against them, if in the mean time they were not satisfied, and do by so do•ng, make themselves guilty of a greater con∣tempt and more immediately to the King, then any pretended contempts of the Kings Servants in not appearing, whilst they are busied in his ser∣vice to the Writs or Process of his Courts of Justice for which they would arrest or Outlaw them, may very well require the care which King Edward the third did take to secure his Servants from damage by their not appearing to any Process or Summons in his Courts of Justice,* whilst they were in his Service, by his Writ under his Great-Seal of Eng∣land, in these words, Rex Justitiariis suis de Banco Salutem. Sciatis quod A fuit in Servitio nostro per praeceptum nostrum die Lunae in Crastino Quindenae Paschae prox praeterito. Ita quod eo die interesse non potuit loquelae quae est coram vobis per breve nostrum inter B, petentem & praedictum A, tenentem de uno Messuagio cum pertinentiis in N, unde idem A (versus praedictum B inde vocavit ad warrantum, &c. ut dicitur & ideo vobis mandamus quod praedictus A, propter absentiam suam ad diem illum non ponatur in defaltam nec aliquo sit perdens, quia idem il•um quoad hoc VVarrantizamus, &c. The King to h•s Ju∣stices of the Bench or Common-Pleas, sendeth greeting, Know yee that A was in our service by Our Command, upon Munday being the morrow after Quindena Paschae (or fifteen dayes after Easter) last past; So that he could not that day appear in the Action, which was depending before you by Our Writ, betwixt B Demandant against the a∣foresaid Page  281 being Tenant of one Messuage, with the appurtenances in N, wherein the said A vouched C (to warranty against B as is said, and therefore we command you, that no default be entred against the said A in regard of his absence, that day, and that he receive no damage therein, because we do, as to that, warrant him which seems to be no Novel Writ, or but once or seldome made, when the Rule of the Register, is, that the like Writ may be sent to the Maior and Sheriffs of London, the Bi∣shop of Durham within his Liberty of Durham, the Justices of Assise, or to a Sheriff, &c. in these words, Sciatis quod A fuit in servitio nostro per prae∣ceptum nostrum die Jovis in Octabis Sancti Hillarii & die Lunae in Crastino Animarum proximis praete∣ritis, which may seem to be upon some Kings-Bench Writ or Process, where they do now use to make them retornable upon certain dayes of a re∣torn of Writs, or if they were upon Writs or Pro∣cess of the Court of Common-Pleas, where the retorns are commonly not upon a certain day of a week, these dayes appointed, and past, might pro∣bably be some Courts or Husting dayes upon an Exigent in order to an Vtlary, or if not out of ei∣ther of those Courts upon some day of appearance before some Judges of Assise, but out of what Court soever, the Writs or Process were issued, it appears there were some defaults recorded or entred and were notwithstanding to be superseded, or not to be to the prejudice of the Kings Servant or service; there being likewise subjoyned a Rule in the Re∣gister quod breve de VVarrantia de servitio Domini Page  282 Regis potest fieri pro petente sicut pro tenente & fa∣ctum fuit Anno quarto decimo Edwardi Regis Tertii, that such a Writ of Warranty by reason of the Kings service, may be made aswell for the Deman∣dant as the Tenant, and that the like was done in the fourteenth year of the raign of that King.

So as such or the like proceedings against any of the Kings Servants, whereby to bereave them of their just Priviledges, may deserve the Cheque and Comptrol of the Protector of our Li∣berties, and his care and vigilance to vindicate the just Rights and priviledges of himself and his Ser∣vants, which being to be as dear unto him, and of a greater concernment, then the Priviledges of the University of Oxford, which were granted and confirmed by divers of his Royal Progenitors b & Predecessors, Kings and Queens of England, may perswade those Invaders of his Royal Rights in the Priviledges of his Servants, to esteem it no seve∣rity or injustice in our Gracious Soveraign, to say and resolve as King Edward the third, did in the Case of the Priviledges of the University of Oxford endeavoured to be undermined and subverted, that he would have them to be inviolably observed and that he would impugnatores eorundem debite, co∣hercerc, the violators thereof duly restraine and punish, and in another Case concerning Suits or Actions unduly brought in the Courts Ecclesiasti∣cal, declare, as that King did in these words, ad jura nostra ne depereant seu per aliquorum usurpati∣ones indebitas, aliqualiter subtrah•ntur c quatenus juste poterimus manutenendo subtractaque & occupata Page  283 si quae fuerunt ad Statum debitum revocand. nec non ad impugnatores eorund. Jurium refrenand, & pro ut convenit juxta eorum demerita puniend. eo Studio∣sius nos decet operam adhibere & solicitius extendere manum nostram quo ad hoc Juramenti vinculo tene∣ri dinoscimur & astringi pluresque conspicimus Indies Jura illa pro viribus impugnare, least that our Rights may not be lost or diminished, or by any undue usurpations in any wise substracted, and to the end we may revoke or resume them, and like∣wise punish the impugners thereof, as it behoveth us according to their demerits, and are the more carefully to use our endeavours therein, to which we are by the Bond of our Oath obliged, in regard we understand those our Rights, to be more and more opposed, notwithstanding that which to those, who will look no further into it, may seem but not prove to be an Objection, that an Exigent being awarded in the Court of Common-Pleas a∣gainst one R. C. in Easter Term, in the seventh year of the Raign of King Henry the 8th. in the County of Surrey, the said R C, as it is mentioned in Rastalls Book of Entries, did the 13th. d day of June then next following, being the first County Court day, ap∣pear and deliver to the Sheriff the Kings Protection under the Great Seal of England, wherein he stiled him his Servant, and one of the Grooms of his out∣ward Chamber, took him and his Estate into his Salva guardia, safeguard & protection for one year next ensuing the 16th day of September then last past, and prohibited the outlawing or molesting of him, whereupon the Sheriff forbearing to pro∣ceed; Page  284 and at the retorn of the Exigent, which was A die Sancti Michael is in unum mensem. a moneth after Michaelmas, retorning and reciting the Tenor of the Protection, and concluding, Ideo ad ulterius Executionem ejusdem brevis de Exigi fac nihil A∣ctum est, that therefore nothing more was done in the execution of the Writ of Exigent the Court, Quia praedictus Vicecomes executionem dicti brevis de Exigend. non fecit sed de executione ejusdem pre∣textu brevis alterius supersederit prout per retor∣num ejusdem vicecomitis constat, in regard that the Sheriff did by colour or pretext of the said other Writ (the Kings Protection) supersede the said Writ of Exigent, as appeared by the retorn of the said Sheriff, amerced the Sheriff in forty shillings, and ordered that a new Exigent (the retorn of the former being expired) should be awarded a∣gainst him retornable, e A die Paschae in unum mensem, a moneth after Easter, for upon view of the Record, it appeareth, that the date of the Kings Protection was the sixth day of February in the sixth year of the Reign of that King, and to endure for a year from the 16th. day of Sep∣tember next before the date thereof, and that the said R. C. being in the Exigent, whereunto he ap∣peared, and the Writs of Capias alias and Pluries leading thereunto, named Richard Camden of the Town of VVestminster in the County of Midlesex, Fishmonger, otherwise called Richard Camden of the Town of VVestminster Fishmonger, the Acti∣on being an Action of Debt for 6 l. 13 s. 4 d. at the Suit of VVilliam Isack, Alderman, and Draper Page  285 of London, the King also mentioning him immedi∣ately after the Title of his Servant, and one of the Grooms of his Chamber, to be otherwise called Rich∣ard Camden late of London Fishmonger: It is very probable, that he had been only sworn one of the Grooms of the Kings Chamber Extraordinary, and evident enough, That the Sheriff was justly a∣merced for taking upon him to supersede the said Exigent, as if he had been a Judge, when he was but a ministerial Officer, and was to have attend∣ed the Judges allowance or disallowance thereof, who might well afterwards award an Exigent de novo to be made against him, when the Protection was expired, and if it had not been expired were not to take notice of it from the Sheriff, but from the Writ of Protection it self, when it should have been brought and delivered unto them; as it was adjudged in the 38th year of the Reign of King Henry the 6th where f a Sheriff was fined for deli∣vering a prisoner out of his Custody by the Kings Writ of Protection which should first have been brought to the Judges, and allowed by them.

And might besides have been well disallowed, by the Sages of the Law in the said 7th year of the Reign of King Henry the 8th for variance betwixt the Addition of the Defendant, in the Exigent and Writ of Protection, as the like had been g done in the 19th year of the Reign of King Henry the 6th.

And if he had been the Kings Servant in Ordi∣nary might have been as legally granted unto him, to revoke & supersede an Utlary unduly h prose∣cuted, as the Judges of the Court of Kings-Bench, Page  286 or Common-Pleas,* have reversed or stayed Utla∣ries by reason of the Defendants imprisonment, sickness of malady, hindering an appearance to an Exigent, or as the Judges of the Court of Kings-Bench, in the 5th year of the Reign of King Edward the 4th did resolve, that they them∣selves might ex officio by Office of Court do it, in case wherein an Indictment was insufficient or an Exigent was awarded, where it ought not, or as the Judges did in the 10th i year of the Reign of that King, in allowing upon a Traverse and Issue joyned upon an Exigent in an Action of Trespas, the priviledge of a Filacers Horsekeeper, travailing with his Master to London, and bringing back his Horses, or as the Judges of the Court of Com∣mon-Pleas, in the 5th year of the Reign of King Henry the 8th, k did by his authority supersede an Exigent by a Protection allowed, by reason of serivce in War or as the Court of Chancery did in the 8th year of the Reign of Queen Elizabeth, by her Writ, supersede & stay 2 Writs of Exigent in the Court of Common-Pleas at the Suit of two several persons a∣gainst Robert Webb, one of the Cursitors of the Court of Chancery by reason of his Office & Attendance in that Court, which Writ of Priviledge and Superse∣deas was allowed by the Judges of that Court, and an entry made upon the Roll, where the Plea of his Priviledge was entred in these words, Ideo consideratum est quod praedictus Robertus libertatibus & privilegis praedictis gaudeat. Ac separalia brevia prae∣dicta ei conceduntur, therefore it is l ordered, that the said Robert VVebbe shall enjoy his Liberties and Page  287 Priviledges, and that several Writs, as a foresaid be granted unto him, probably Writs of Superse∣deas to the Sheriffs of London, unto whom the Writs of Exigent had been before sent and dire∣cted; or as the Court of Chancery hath done, in the ninth year of the Reign of King James, m in the Case of Valentine Saunders Esquire, one of the Six Clarkes of that Court, require by the Kings Writs the Justices of the Court of Common-Pleas, to surcease the prosecution of the said Valentine Saun∣ders to the Utlary; or might aswell defend their Regal Rights in the case of their Servants in Ordi∣nary by a Writ de Rege inconsulto, n commanding, as in some other cases of their concernments, not to proceed against them, until their pleasure be further signified, or assert and command the Liber∣ties & Priviledges of their Servants,o by Writs de libertate allocanda, aswell as for Liberties to be al∣lowed unto Citizens or Burgers, which contrary to their Liberties were impleaded.

But too many of the Kings Servants Creditors (for all are not so uncivil) who would be glad to find a way, or some colour, or pretence of Law rudely to treat the Rights of the King▪ and his Ser∣vants, would willingly underprop that their hu∣mour and design with an objection, that our Kings have conveyed their Justice unto their establish∣ed Courts of Justice at Westminster, and are not to contradict alter or suspend any thing, which they do in his name therein.

And that if any of the Kings Servants in Or∣dinary, be arrested without leave, the King or the Page  288 great Officers of his Houshold, may not punish those that do offend therein, and that being so Ar∣rested they are so in the Custody of the Law as they ought not to be released, until they do appear. or give Bayl to appear and answer the Action.