Lawyers vnmask'd, or, A discovery of their matchless villanies, intolerable oppressions, and most accursed practizes in perverting the known lawes of England from summons to an illegall capias for debt by which is discovered the great benefit and freedome that will accrew to the people of the common wealth by the reformation of that destructive law : with an appeale to the present power for regulating the law / by John Jones of Neyath in Com. Brecon, Gent. ...

The Generall Case concerning the relief of right Heirs, dis∣possessed of their Estates by force and fraud

THat Right once known so to be by Records, or other suffi∣cient testimonies, ought to be so continued and maintained by the Supream Authority, appeareth by the writ of Right both patent and close, both in the Register and Fitz-Herberts Natura Brevi∣um declared at large, commanding inferiour Magistrates to hold right in its right place against all de∣forcement committed by force or fraud, and that without delay, and so righteously and fully, Ne amplius inde clamorem audiamus.

2. That as what is right, is just, & what is just, is right; So the Supream power is bound to maintain both, without deniall, delay, or corrup∣tion, appeareth by the great Char∣ter, which saith, we shall deny, delay, or sell Justice to no man.

3. That not to do right and

maintain it, is in a Magistrate, to do wrong and maintain it, is a Principle of common reason, which is one of the chief grounds of all humane Laws.

4. That all Supream Magi∣strates, are or ought to be bound by Oath to maintain right and truth against force and fraud, to all their Inferiors; and both to restore and defend the oppressed, and punish the Oppressor, appeareth by the Oaths of Kings, and late Co∣venants and Votes of this Parlia∣ment, the performance and pra∣ctise whereof, is all that ought to be wished by any wronged person.

5. That by virtue of such Orths, Votes, and Covenants, & the Autho∣rity upon that Trust setled in the Su∣pream Magistrate, he becometh in∣teressed in all mens Rights; so that when they are wronged, the Party grieved ought to sue for re∣dress, as well for the State, as for himself, as appeareth by the Writ of Deceipt and discourse there∣upon in Fits. Herbert; Natura Bre∣vium, and the Register, and Rastall and Cooks Books of Entires at large.

6. The Sepream Magistrate be∣ing so invested in the right of the oppressed, cannot be disinvested, disseised, expulsed, or outed of that Right by any inferiour, having the posse or Power, not onely of the County, but also of the Law and Common-Wealth, to right and re∣store the Party expulsed to that Right remaining in the Eye of the Law fixt in the Magistrate; so that it can be said to be but intruded upon, and wrongfully detained from him, and not disseised or ex∣pulsed, and the Party grieved and expulsed of his right of possession, hath a right of Inheritance by des∣cent, as appeareth by Inquisitions upon post mortem, where the Party grieved is found Heir to his Father or Cosin; and said, that the Inheri∣tance of right, is descended and come Prout Lex postulat to him, and the Writ of Right determineth as well the right of Inheritance, as the right of possession, as appear∣eth by the judgements thereupon related by both Rastall and Cooks Books of Entries at large.

7. That the late Statutes for Champertie, Fines, and Limitations,

reach not to the Supream Magi∣strate, that is sworn to restore and maintain right, without any respect of time, person, or condition, appeareth rational and necessary in constru∣ction of Law, to save his Oath.

8. That they are void Laws, ap∣peareth by three Reasons, ratified by sound and approved Lawyers: First, for that they are contrary to the Law of God, which admitteth of no time or means to bar or keep a man from his Right, but his own Decree upon the merit of the Par∣ty interressed; as the Captivity of the Israelites in Babylon & Aegypt for seasons; or the consent of the Party to devest himself of his Right by slighting it; as Esau sold his Birtht right for a mess of Pottage: Secondly, for that they are against the great Charter which alloweth of no Disseision or Possession gain∣ed thereby: Thirdy, for that, where Deceipts are the Grounds of Fines, those Deceipts found and proved, shake off all Buildings raised there∣upon, as appeareth by the pro∣ceeding usuall upon that Writ in the Books of Entries and Tearms of the Law.

9. That Parties grieved have used to intitle the Supream Power for the time being to their Rights of Inheritance, by Gifts, Grants, and Forfeitures, upon Conditions not performed, whereby to over-power those that over-powred them appeareth by severall Presidents extant.

10. That the Exchecquer, is the proper Court for the intituling of the Supream Power to such rights, appeareth by the Great Charter, which established it severall Ages before the Chancery came to being: and the practice there was never discontinued, as appeareth by Com∣missions granted to inquire, and Inquisitions returned there, and Proceedings had thereupon in all ages.

11. That the Supream Power being intituled, ought not to be suspended or Wayved without his consent, is to be considered.

12. That an Attachement be∣fore summons, is an unlawfull Pro∣cess, especially against such, as of∣fer to appear gratis, appeareth more hasty, than wise in the Procu∣rers.

The premisses considered, and the Weight thereof being matter of Law, and the profit tending to the enabling of the Parliament to pay their debts, and discharge their Trusts to the Common-Wealth, and the opposition made in this case, being but by such as have gained the Estate, and Right of the Com∣mon-Wealth to their own parti∣cular possession by fraud or force, and further gained Acts of Par∣liament contrary to the Law of God, and the great Charter, to set∣tle them in other mens Rights, un∣der pretence of a peaceable way, contrary to the Scripture, No Peace to the wicked, let all honest and right Christians deliberately ponder the matter, and ayd the Truth in what they may, so cra∣veth the well-wisher of all such,

Iohn Jones.

FINIS.