Archeion, or, A discourse vpon the high courts of iustice in England. Composed by William Lambard, of Lincolnes Inne, Gent

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Title
Archeion, or, A discourse vpon the high courts of iustice in England. Composed by William Lambard, of Lincolnes Inne, Gent
Author
Lambarde, William, 1536-1601.
Publication
London :: Printed by E. P[urslowe] for Henry Seile, dwelling at the Tygers-head in St. Pauls Church-yard,
1635.
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Link to this Item
http://name.umdl.umich.edu/A04995.0001.001
Cite this Item
"Archeion, or, A discourse vpon the high courts of iustice in England. Composed by William Lambard, of Lincolnes Inne, Gent." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A04995.0001.001. University of Michigan Library Digital Collections. Accessed June 15, 2024.

Pages

Page 89

The apparant lacke of ordinarie Helpe.

BVt lest it be said unto me, that these things be not hid from the Wisdome of the standing Law, which hath also opened remedie by way of ordinarie jurisdiction in whatsoever evills of these kindes, it shall be meet for the more mani∣festation of that which I intend, to fall to some more specially, and to exemplifie my whole conceit, by giving a true taste of all in these few heads of particular cases.

1 If therefore such a one as hath Iura regalia, will denie originall Writs, or other meanes of Iustice.

2 If one that hath a judiciall place, shall by corruption mis-lead the whole course of an Evidence given to a Iurie that is charged be∣fore him, or shall pleasingly heare

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the proofes of the one partie, and peremptorily cut off the other, whereby the truth of their contro∣versie is not brought to light.

3 If a good and serviceable Iudge, Iustice, or Officer shall bee baited, and bitten with libells and slanders that be not actionable.

4 If a Iustice of peace shall bee contemptuously despised, and of∣fered indignities, for which no private Action will bee maintai∣ned.

5 If one shall attempt to coyne monie, and shall be deprehended in the doing thereof before he hath performed it.

6 If a Counseller at the Law shall give advice standing with the Learning at Law, and yet tending onely to vexation, delay of Iustice, or deceit of private persons, or to the defrauding of the Queenes Ma∣jestie in her lawfull Prerogative, or

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to the breaking of a good and wholesome Statute-Law.

7 If a man of behaviour and countenance, shall secretly practice with others for the beating or mur∣thering of any other person, and bringeth it not to effect.

8 If Cities, Townships, Col∣ledges, or other Corporations, shall wilfully wrangle, and factiously rent themselves in sunder, whereby their whole politique body shall be hindered, or otherwise become unprofitable; or shall causelesly discountenance, or displace any ho∣nest person of their company.

9 If one private member of such a body, shall by vexation in Law so unquiet the Head, and all the rest of the Companie, that they cannot apply their common calling.

10 If Wilfull perjurie be com∣mitted by any person, in case where no Indictment lyeth, nor Action upon

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the Statute of Perjurie may be main∣tained.

11 If a man should accuse ano∣ther to the Queenes Majestie, for speaking words against her, and can∣not maintaine the accusation.

12 If a man shall wilfully offend a Proclamation made by her Majestie upon urgent cause, for a time onely, and untill that Law by Parliament may be provided.

13 If the Iurie, or Homage in a Court Baron, will passe against plaine Evidence, in a Plaint of Aiel Forme∣done, or such like.

14 If a Grand Iurie will, against their Evidence, finde Ignoramus; or a Iurie for Life, or Death, will finde a hainous murtherer to be Not guiltie.

15 If an Officer that ought to be sworne, will exercise his Office, with∣out any Oath taken by him.

16 If a lewd fellow shall coun∣terfeit, upon a Writ of Covenant,

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the Officers Hands, to deceive her Maiestie of her due Fine; or the Hand of her Atturney Generall, for the better passing of a Pardon; or shall set the Name of a Counsellor to a Bill in Chancerie, without his pri∣vitie and knowledge.

17 If one that is sued upon a Title of Lease for yeeres, be outlawed, and hath his Pardon, and yet will conceale his Pardon, and cause his Chattels to be seized for the Queene, and then procure them to be com∣mitted to a friend of his.

18 If a man will suborne some to appeare for others as Defendants, in a Criminall Cause.

19 If a coozening Crew shall entice a young man to the compa∣nie of a woman, and cause him to be deprehended by one that preten∣deth to be her Husband; and so, for his redemption, be sealeth Lea∣ses of his Lands, and maketh Gifts

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of his Goods: If (I say) any of these, or the like misdemeanours, (whereof the number is infinite) shall be committed, I see not how they may be chastised by the Rod of any ordinarie Authoritie, standing Law, or Statute.

And therefore, considering that they tend (though in divers de∣grees) to the dishonour of God, the contempt of her Royall Majestie, the disturbance of the Common peace, and the disherison, danger, & death of good Subjects; I suppose, that no man will be either so wicked, as to affirme, that they ought not to be punished; or so unadvised, as to hold, that the ancient and godly Po∣licie of this Kingdome, and Common∣wealth, hath not left the meanes to bring them into Iudgement: For howsoever the Nationall, Civill, or Positive Lawes of particular People and Countries (which doe worke

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upon Generalities, and must there∣fore faile in many Specialls) doe not provide punishment for all sorts of evils that may arise; yet may it not be doubted, but that the Iustice of God (whereof the Law of Huma∣nitie, Reason, and Nature hath some remnants saved for us, from that great shipwracke of our first Parent Adam) doth keepe correction in store for them.

And therefore let us rather en∣quire, who it is that both may and ought to award this correction and chastisement for the same.

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