A moderate inspection into the corruption of the pratique part of the common law of England. Humbly offered in a word of love to the lords instrument of Englands honour, and victorious magnanimity, his enemies terrour, and Europ's wonder; Oliver by divine providence Lord Protector of England, Scotland, and Ireland, and the emperial territories thereunto belonging; and to the truly pious (his Excellency) Charls Fleetwood, Lord Deputy of Ireland, and to the rest of his Highnesse most Honourable Council. / By Ja. Frese, who wisheth health and increase of honour here, and eternal felicity in the glorious world to come.

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Title
A moderate inspection into the corruption of the pratique part of the common law of England. Humbly offered in a word of love to the lords instrument of Englands honour, and victorious magnanimity, his enemies terrour, and Europ's wonder; Oliver by divine providence Lord Protector of England, Scotland, and Ireland, and the emperial territories thereunto belonging; and to the truly pious (his Excellency) Charls Fleetwood, Lord Deputy of Ireland, and to the rest of his Highnesse most Honourable Council. / By Ja. Frese, who wisheth health and increase of honour here, and eternal felicity in the glorious world to come.
Author
Freize, James.
Publication
[London :: s.n.,
1656]
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"A moderate inspection into the corruption of the pratique part of the common law of England. Humbly offered in a word of love to the lords instrument of Englands honour, and victorious magnanimity, his enemies terrour, and Europ's wonder; Oliver by divine providence Lord Protector of England, Scotland, and Ireland, and the emperial territories thereunto belonging; and to the truly pious (his Excellency) Charls Fleetwood, Lord Deputy of Ireland, and to the rest of his Highnesse most Honourable Council. / By Ja. Frese, who wisheth health and increase of honour here, and eternal felicity in the glorious world to come." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A84913.0001.001. University of Michigan Library Digital Collections. Accessed May 24, 2025.

Pages

Page 3

But they travelled with wickedness, they brought forth a lie: But their cruelty and mischief is fallen upon their heads.

They are fallen into the pit they digged for me, Psal. 7.14, 15, 16.

For whatsoever i not of God, is of the Devil: But the instruments of Injustice, Cruelty and Oppression, are not of God; therefore o the Devil.

Page 4

In and by that famous Law-Book, called, Mirror of Justice, it appeareth, that Fellons are bailable, and not to be imprisoned before conviction, fol. 73.

No Right in Judgement to be sold for Fees, or Bribes, fol. 258.

Those that blemish the credit of a man, or impri∣son him, are by the Law of this Land infamous persons, fol. 192.

Reasons shewed, That the new Statute for Im∣prisonment, is unjust, evil, and illegal, and contrary to the fundamental Law of the Land, and liberty of the people, fol. 33. 214.

Justice was then admi∣nistred truly, and all causes of Controversie to be final∣ly determined in 15 days time.

But now the Judges have made the first return to be 15 days. And whereas the Law gives but one peny for sealing of a Writ, they have added 4 shillings, toto 4 s. 1 d.

No action to be entred nor received to judgement, till security be given to make good the plaint, and costs &

Page 5

damages to the Defendant, if the plaint be not good, fol. 14. 233, 257.

Imprisonment of Felons before conviction, if they dye, is man-slaughter, fol. 27, 28, 30, 244.

None to be hanged for Theft, nor imprisoned for debt, fol. 202, 252.

False witnesses are to dye the death, fol. 228. See 21 Jac. chap. 14.

If Justices and Paro∣chial Officers, suffer the Poor to starve, it is in them man-slaughter, fol. 228.

Corrupt Judges to be punished in the same man∣ner, as they had unjustly judged or inflicted upon others, fol. 207.

None to be imprisoned but for felony and treason, fol. 57, 73, 231, 274. vide also Hen. 3. fol. 1218.

No Judge nor Officer to take any fees or reward, fol. 64.

Gaols and Prisons are or∣dained onely for mortal offenders, fol. 72.

Goalers punished for de∣taining Felons in Durance after acquittal. And if the Felon dye in Prison, then the Gaoler to suffer death, fol. 230.

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For taking monies of Pri∣soners, the Goaler to loose his place, fol. 231.

Fellons escape out of Prison no mortal offence, because warranted by the Law of Nature for safety, fol. 226. 1 Edw. 2. fol. 68.

A Judge once doing wrong, is never more to bee obeyed, fol. 232.

Gaolers punished for plundring and putting Pri∣soners in Irons, fol. 231.

A Counseller or pleader, attainted of false pleading, or maintaining an unjust action or cause, is to suffer bodily punishment, fol. 230.

That most just and fa∣mous Alfred King of England admitted no Plea∣ders into his Counsel, and did hang a messe of 44 Judges in one year, for op∣pressing the people by false judgement, fol. 240.

He hanged Judge Hall because he saved Trustrom the Sheriffe from death, who had taken to the Kings use from some men their goods against their will, for that such taking and robbe∣ry hath no difference, fol. 242.

He Hanged Judge Athel∣ston,

Page 7

because he Judged Herbert to death for an of∣fence not mortal, fol. 240.

He hanged Judge Rolfe for hanging a Felon that escaped out of Prison before Conviction, fol. 242.

Judge Thelwel was im∣prisoned for imprisoning a man for an offence not mor∣tal.

Judge Belling was hang∣ed, for judging Lauston to death by fraud.

Judge Afold was hang'd for judging Ordine to death for not answe∣ring.

Judge Arnold was hang'd, for saving a Bay∣liffe from death, who had robbed the people by distresse, and for extorting fines, fol. 243.

He hang'd Judge Deel∣ing, because he hang'd El∣don who, had kill'd a man by chance, fol. 242.

Judge Priome was hang'd, for judging Full to death out of Court, fol. 242.

Judge Mekline was hang'd, for hanging Hel∣grave by a warrant of In∣dictment not especial, f. 242.

Judge Rutwood was imprisoned, for imprisoning

Page 8

a man for a dbt due to the said King Alfred himself, fol. 24.

Judge Perive was hang'd' for suffering a man to dye in Prison, whom he had impri∣soned for an offence not mor∣ral

Judge Achulf was hang'd, for hanging Capine before he was 21 years old, fol. 240.

But now boys of 10 or 12 years serve to be hang'd for Theft, by the Devils Law, though not by Gods Law.

Judge Marks was hang'd, for judging During to death by 12 men not worn, fol. 24

Judge Therborn was hang'd because he had judged Osgate to death for a fact whereof he had bin acquitted before.

He hang'd Judge Wulster, for judging Haubert to death, though it was at the sure of the said King.

He cut off the hand of Judge Hulf, because he did not cut off the hand of Armack, who had felloniously wounded one Riebald, fol. 245.

He caused Judge Edulf to be wounded, because hee did not Judge Arnold to bee wounded, who had felloniously wound∣ed one Aldence, fol. 245. Hee hanged all the Judges in every County and Province, who had falsly saved a man guilty, or falsly hanged a man against Law, or reasonable exceptions, fol. 245. The Lord God of Israel grant, such justice may take place again to the terrur of all cruel oppressors, Traducers, and time servers, that so the oppressed in this Land may have cause of rejoycing, and returning glory to God, and accompt themelves ever bound to pray for your Highnesse health and prosperous Government. But, England shall never say, whilst Lawyers bear such sway, I shall have happy day, or make my Foes a prey. A Prisoner breaking Prison shall not suffer death, 1 Edw. 2. fol. 68. A false witnesse shall dye the death without Benefit of Clergy, Jacobi Chap. 14.

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