A WARNING-PEECE FOR ENGLAND,
AS it is sayd of Tenures, That all Estates are held mediatly, or immediatly from the King, or Supream Magistrate: So it may in as apposite a Sense be affirmed of Judicatory power, that all Jurisdiction is subordinate to the Supream Authority: There is and ought to be in one and the same Common-wealth, or Empire; a certain Scale of Judicatory continued in an orderly concatenation of Superiority and Inferiority, until there be at last a concentration of all in that ultimate Right of Soveraignty; He that shall contradict this Subordination of Powers, seems in my judgment equally obnoxious unto censure, as those that shall maintain [Page 2]that there ought to be no order or degree amongst particular men, all power is either Ordinary and Originall or delegated, and without peradventure the power delegate ought to be dependent upon that from which it is deduced: to pretend authority in the lower Spheares of delegated Jurisdiction, that shall be unresponsall to the higher is little better then a criminall and contemptuous arrogance, which truly I can call no lesse then a degree of Deniall to the Supremacy it selfe: that the Summa potestas should be secured with this Life-gard Maxime of Policy, Immunity of punishment and unquestionablness for Error: I would readily allow as conceiving it rationall and agreeable to the rules of the Government, for there must be a sons Justitiae a Dennier resort upon whose determination all litigant and dissenting parties must quietly sit down and acquiesce. But to set up particular inferior Magistrates, of what condition soever in such Paramount Stations as to be exempt from the benefit of appeals, as it is a solaecisme in Government without President, so would it tend to nothing but to gratifie the supercillious minds of corrupt and ambitious men: and consequently set up so many Exorbitant Dictators in the place of Judges who may exercise their Arbitrary wills and tyrannies, and grind the faces of the people, cum privilegio.
[Page 3] 'Twere to be wished that all such as are reall freinds and relate to that Jurisdiction of Wales would addresse themselves to those that sit in Judicature in the Welsh Counties and therby to represent seriously to their consideration how fatall and perilous a thing it is to any Court or Jurisdiction to seek to advance their own authority by incroaching upon another power (especially where that power is the Superior) Many fresh instances might be produced in these latter times of severall Courts that have had their downfal from this Pinacle of Ʋsurpation. Let the Councell of the Marches for all the rest be mentioned for one single Memorial & monument of the unhappinesse of this Error: other Examples I omit, the truth hereof being notorious enough to the most careles observer. I am really perswaded that 'tis not the unanimous opinion of all those judges that ride the Welsh Circuits that those Writs of Certiorar. Habeas Corpor. and Writs of Error &c. should not be allowed, But am assured that the most of them More Majorū do acknowledge their Subordination and dependance, which is an argument to me more cogent, then a Demonstration that they that promote this project for abolishing these Writs (for I can call it little better) are agitated & by assed by some private intention to a grandize themselves rather then upon pure and honorable [Page 4]principles of conveniencie and zeale to the publike welfare, before such attempts as these, tis known those Courts of Wales continued in great splendor and reputation, under the power and management of wise moderate and Learned Judges and Officers, But if now they shall not containe themselves within their antient Land-Markes, those Earthen potts may, it is to be feared, be broken in peeces, by dashing against those that are of more solid Materialls, what the pretenders of this innovated priviledge (for exempting the inhabitants of Wales from appeale upon Writs of Error Habeas Corpor. Cerciorar. &c. (being the antient rights of the people) can say for themselves, is beyond my apprehension to conceive.
To affirme that it is against Law would smell of grosse or willfull Ignorance, or else which is worse, affected Arrogance; For,
1. It is a sufficient reason in Law that the practice ever since the erecting the Jurisdiction in Wales hath warranted Certiorar. and in these times when those parts were supplyed with as learned Judges as any the Nation afforded, and for writs of Error the Statute of Wales directs where they shal be brought Ʋiz. in personalls in the Marches; in mixt and real at Westminster as for Criminall causes.
It is the opinion of the most learned Lawers of this [Page 5] Nation that Certiorar. upon the Statute of 26 H. 8. cap. 6. do lye in Wales for removall of all Inditements for Felonie, Murther Man-slaughter, and other Offences there committed to be tryed in the next adjacent English County. And that by the same Statute any of the Inhabitant of Wales may be indited and tryed in the next adjadent English County for a Fact committed in Wales.
The practice wherof being frequent in cases arising as well in North-wales as South-wales, and many presidents might be instanced and produced in that behalf: And the words of that Stature are very plain and pregnant to warrant the same; But in case the Statute had been dark or dubious, yet by implication of Law an Appeal lyeth without express provision as out of Ireland, Galice, County Palatine. &c.
2. By the Statute of the 27th. of H. 8. Wales and England were incorporated, and by the words of that Law, the Inbabitants of Wales shall have and enioy all Rights, Fran bises, Liberties, Priviledges, and Laws within England, as any of the Inhabitants there being born Subiects should have, or enioy.
3. The Inhabitants of England enjoy the benefit of Certiorar. Habeas Corpora, Writs of Error, Quo minus, and Subpaenas out of the Exchequer, and Subpaenas out of Chancery (which Court ought to be alwaies open for the releife of all Suitors.) [Page 6]and consequently the Inhabitants of Wales by authority of the sayd Statute ought to enjoy the like Benefits, Franchises, Liberties, Laws, and Priviledges; Since which time they have lived peaceably under the same Law & Government, which the most ingenious and knowing amongst them desire still to enjoy; Who cannot but look on the promoters of this innovated Jurisdiction amongst them as persons that go to seperate Wales from Eng. to the indangering the peace therof, and to debarre all Wales of those Priviledges Lawes and immunities which were gratiously made and established for that benefit, and such as do herein as they have done in other things else do deem themselves to be enemies to their Native Country and the Peace and Tranquillity therof.
4. The Statute of the 34 of H. 8. which establisheth the Welsh Jurisdiction is an affirmative Stat. and was meerly granted in Favor of Wales by way of additionall Priviledge and Liberty; But doth not take away those Lawes, Liberties, and Priviledges which were established for their benefit by the sayd precedent Statute of 7 H. 8. nor doth abridge them from the benefit of any Priviledge or Liberty which they might claim before those Statutes.
5. Tis repugnant to Reason and common Justice, that an Inferiour Court should be set up that is subject to erre, and yet should not be subject to an Appeal.
[Page 7] 6. The Jurisdiction of Wales is derived from the Crown of England, and the Iudges there fit by Patent made under the great Seal of England. Tis agreeable to reason that the Chancery that gives them their Power should be capable to send a Writ of Error to them and force obedience.
7. The Certiorar. and Habeas Corpus commeth out of the Ʋpper Bench, the Court of the Lord Protector, where he himself is supposed to sit, and hath absolute and supream Authority in Criminall Matters, and must be obeyed therin upon pain of contempt.
8. It is observed that ever since the Ʋnion of VVales and England, by the Statute of 27 H. 8. Writs of Error, and Habeas Corpora, have never been denied nor opposed by any untill within this two years, by one Mr. John Corbet Justice in Brecon, &c. Gwyn agninst Corber, Hill. 1654. A Writ of Errror was opposed in the case of Kees Gwin Gent. But on full debate therof by learned Councel on both sides before the present Lords Commissioners of the great Seal of England: Their Lordships declared their Opinion that the Writ of Error did unquestionably lye and issue into VVales, and the Iudges there ought to yeild obedience therto; And the sayd Court imposed severall Penalties on the said Mr. Gorbet for his wilfull contemning the sayd Writ and the Authority of the High Court of Chancery, from whence he received his Commission.
[Page 8] 9. As for the Writ of Quo ininus it is warrantable likewise by Law. Keleway, 138 Quo minus out of the Exchequer and Capias us lagatum out of the common Pleas issue into Wales
1. Because in transitory Actions a man may sue where he pleaseth.
2. A Quo minus is a Prerogative VVrit found out for releif of the Kings Debtors.
3. The Principalitie of VVales is, and alwaies was held of the Crown of England, and therfore the Inhabitants therof properly suable before the Barons of the Exchequer to which place they are Accountants.
4. The liberty of suing in the Chequer by Quo minus, or Subpaenas hath been, time out of mind used and practised without contradiction and without question if the Inhabitants of Wales did not find more benefit therby, and more indifferent just proceedings there, then in their own Country; it is not probable they would travell so far for Iustice whilst it is in the choice of the Plaintiff where he will bring his Action, and surely no Plaintiff will probably sue in the Chequer without very good cause of Action because that Court provideth costs for the Defendant suitable to the nature of his Expence, and where the Inhabitants of VVales should be abridged or debarred of this ancient Freedom, Liberty, and Priviledges, no indifferent unbyassed person can afford a satisfactory reason. And the rather because the [Page 9]matter comes to be tryed in the next adjacent English County, not farr from their own Habitation, nor yet so remote as the late Council at Marches was to most parts of Wales. And tryals of this nature give great satisfaction both to Plaintiffs and Defendants, when they have choice of learned men to plead their Causes before learned Judges, and able indifferent Iurors of no relation to Plaintiffs or Defendants to try their Causes.
But it is possible that the legallity according to the present Constitutions may not be much contradicted, and therfore it must not suffice to rest there. It shall be my next task to make known and discover to those that wil not wilfully hood-wink themselves, the absolute and undispensable necessity of continuing this ancient, laudable, and approved Constitution concerning the removall of Actions or Suits from or beginning them elsewhere, then in Wales, where the cause of Suit is first emergent.
And in the first place give me leave to say, I hold this liberty of Appeal as great a priviledge as any is comprised within the great Charter of our Freedom: There are many living whose experience will testifie to this Truth, had not their sufferings made them incapable to be produced as Witnesses, and others of foreseeing judgments and perspicacity that will readily maintain that this assertion is no Hyperbole. [Page 10]For my part I make no difference in relation to every English mans general Birth-right by the Law, between a Habeas Corpus, and these other Writs of Error Certiorar, Quo minus, & Subpaena out of the Chequer and Subpaena out of the High Court of Chancery; And how grievous the complaints of the people have been in all times, when Writs of Habeas Corpora be obtained; Presidents of former times speak loudly of, and the noise therof hath wrung in all mens eares: But to make the necessity of the present Position the more delucidly appear, it will be convenient to descend to some particular numericall reasons for the maintenance of it, which may be thus Marshalled.
1. All County Iurisdictions must of necessity be more obnoxious to partialities in their proceedings, then those that are of more universall latitude, they are so circumscribed within so small a Circumference, that the Iudge although never so upright and vigilant will be more easily abused, the Iurors more lyable to be packed or misled, and the Witnesses in all Causes more readily wrought upon and corrupted.
This reason (as may be supposed) was not the least motive to the late Parliament that gave the break-neck to the Designe set on foot for Provincialls.
So that it is more then apparant the present Design [Page 11]to make the Welsh Iurisdiction absolute and independent, tends not only to the deprivement of Wales, of their ancient Rights, Liberties, and Freedoms established by Law, but if granted, would prove a President of dangerous consequence to all the people of England, as herein afterwards is more fully declared.
2. It is very well known to those that are acquainted with the nature and condition of the people of Wales, that before the late Wars, & at this time there were, and are such Family Emulations and Differences for the most part in the severall Counties, that the whole body of them is apt to be cast upon every slight controversie into Factions Confederacies and parties, insomuch that the infection therof doth not only remain amongst the Vulgar and private men, but often times doth attach the very Bench of Iustice, and by that means tis not impossible but it may somtime catch hold of the Iudge himself.
3. It is observed that since the late VVars, these Differences have been so increased, and the spirits of men so highly provoked, that of late years (as I am informed) the civill, Military, and Ecclesiastick Powers there have been used and converted by some, more for private vindication and revenge on their Neighbours and Country-men, then for the reall discharge of publike trust; Insomuch that the cries of the oppressed have been very loud though helpless, [Page 12]and should the Iurisdiction of Ʋ Ʋlales be made absolute and independent without Appeals, then without question all (except such as are intrusted with the Authority) and their Friends and Relations must needs be unsafe in their lives, liberties, and Estates.
4. Those that are conversant with the Welsh Proceedings, do observe, that if the matter concern any person of awe or eminence, there is most commonly such relation between the Parties, Iury, and Ʋ Ʋitnesses either in respect of Blood and Kindred, tenure or other dependa ce, that some out of wretched simplicity, others our of wilfull perversness will make but a Cypher of the man upon the Bench, and think they discharge not their duty unless they find for their Kinsman, their Friend or Lord.
5. But suppose that the case of controversie fall out between a Native and an English-man, certainly experience hath taught some that mediet as linguae is in no case more necessary then here; For the first Inquiry or whether he be E [...]gle Cheria or no, and I may then say without traducing of that Country, that the same Injury or Fact committed upon a Native, will many times not be found so when committed upon an English-man.
Ob. If it be objected, that Appeals to the Courts of Westminster by Habeas Corpora, Certiorar. Writs of [Page 13]Error, &c. occasion delay, and expence.
An. It cannot be denyed by any, but that delatory Justice is more desirable then perverted, and the Appellant bears the greatest burthen, who probably will not appeal without good cause to warrant his proceedings therin, for besides his own charges he must pay considerable costs (if in civill Causes) to the other party if he make not good his Appeal, if in criminall Cases, the charge of bringing it to the test, besides the re-inforcing of the Judgment given below, if he fail to make good his Appeal, is a sufficient check to all Causelesse Appellants.
Ob. If it be objected, that Tryals upon Quo minus, & Subpaenas out of the Exchecquer are chargeable and delatory, because they are transmitted for tryall into forraign Counties, and that the remoteness of the place is a discouragement to parties and their Witnesses.
An. 1. That Objection will prove of little force if the conveniency of having the same tryed before indifferent and impartiall Judges and Jurors in the next adjacent County be duly considered, where Causes are determined with equal and quicker dispatches, then the ordinary course of Justice in the great Sessions of Wales doth bear it, where many by reason of experimentall delayes of late used there, are much discouraged [Page 14]to prosecute their Causes.
2. If the extraordinary charges of Appeals from corrupt and erroneous Verdicts, and Judgments, be taken into consideration, occasioned by the partiality and corruption of Sheriffs and Jurors, and others that have the transacting of the peoples causes, as hath been before demonstrated; with this also, that in case a Welsh Sheriff be of the contrary faction, or a freind to the Plaintiff or Defendant; such Iurors shall be returned, against whom no exceptions can be made by Law, yet shall bring in a verdict rather according to the pleasure of the Sheriff and the parttie he adheres unto, then according to the truth and merits of the cause.
3. If it be considered where the trial by Law is appointed, although not in vicineta, yet in vicino Commitatu in the neighbour County, although not in the neighbourhood, and it is often seen on trialls in the Welsh Counties, the parties are forced somtimes to bring witnesses out of England 100. or 200. miles, or more, and somtimes out of the remotest partes of Wales even to this County of Mountgomery.
4. The contrivers and promoters of Cantonizing Wales to serve their own ambitious ends, do not only go about to deprive the Inhabitants [Page 15]of Wales of the benefit of Certiorar. Habeas Corpora, Writs of Error, Quo minus, Subpaenas, out of the Exchequer; But would also make themselves Lord Chancellors, as well as Lords cheif Iustices of Wales, and that no Appeale might be hereafter made by any of the Inhabitants of Wales to the High Court of Chancery for the reveiw or reversal of any decree, or other proceeding in the pretended court of Chancery there held, nor any address to the said High Court of Chancery by any of the Inhabitants of Wales, for releif upon Originall bills there filed, touching any matters reall, personal, or mixt, relating to Wales; all which sufficiently testifieth the pride, ambition, and exorbitant thoughts and purposes of these Innovators, to make themselves sole and arbitrary Iudges, both of Law and equity in all causes criminall and civill, to the indangering of the lives, liberties, and estates of all such as are not, or shal not be intrusted with this Paramount authority, or are not or shall not be of relation to them.
Wheras in truth if their Chancery Iurisdiction be but inquired into, they have not the least colour, much lesse Commission or authority to hold such a Iurisdiction as they now do, and [Page 16]for some late yeares have usurped as I humbly conceive for these reasons.
1. The Iudges of Wales have not any power either by the Stat. of Wales or their Commissions to hold a court of chancery, nor yet by any ancient custom or Prescription; but its beginning was from the Councell of the Marches now abolished on meer references transferred unto them, wherby color therof first retained petitions and afterwards bils in equity, neither can they produce especially in South-wales one bil in equity preferred in this pretended Court of Chancery in Wales of 50. years standing, there being many living that well remember the time when no such bills were retained but only equitable rules made at common law, either by the mutual consent or upon submission of the parties
2. There are no Officers setled nor sworn, nor any set Fees established in this welsh Chancery by any Law or legall authoritie, other then what the Judges there for some late yeares arbitrarily have erected, wheras the Fees and Officers in reference to their Gommon-Law Jurisdiction are certaine and prefixed by the Statutes of Wales.
3. The Welsh Chancery is a paper Court where [Page 17]there are no records or inrolments kept of their proceedings, but their paper Records as they cal them, are commonly carried by Client, Sollicitor, and Attorney, from place to place in their pockets, and often left and some times made use of to light Tobacco.
4. It is questionable whether any person can be questioned or Indicted for perjury committed in this Court, wherby the same may become a Nursery for Perjury, w ch is a reason given by some that know the Country, why Perjury is so frequent in some of those partes
5. To a Court of equitie a distinct Seale ought to appertain, to seale all their writs and inforce obedience to their proceedings: But to this pretended Court of equity no such Seal appertaineth, yet assume they power to seal their Chancery writs with the Judiciall Seal, and therto affix green wax, which is solely ordained by the Statute of 34. H. 8. to Seale Judicial writs and not Chancery writs, and therfore as well may the Iudges of the Ʋpper Bench or Common Pleas or the Officers intrusted with the Seales therof affix green wax to the Writs Issuable out of the Highest Court of [Page 18] Chancery, and seal the same with their proper seal, and take the Fees due for the same, as the said Iustices or their Clarks may seale the Writs or mandats which they Issue out of their pretended Chancery, with their Common-law Seale by which they cannot inforce obedience to their pretended Chancery Iurisdiction, and so consequently their Orders and Decrees are of no force, but the people exposed to fruitless trouble and expences, and that which can attain to no reasonable end, the Law rejects as a thing inutile and uselesse, Sapiens incipit a fine.
6. The High Court of Chancery time out of mind and memory of man, nay ever since the establishment of the Iurisdiction of Wales, on Bills exhibited there, have and do retain the same and give reliefe therein, notwithstanding any Decree, Order or Proceedings in the pretended Chancery of Wales, against whose proceedings the said Court have, and do grant Injunctions untill the hearing of the cause which were never disobeyed nor contradicted; nor such proceedings found inconvenient untill within this 12. months, a Judge then and now in Wales drew [Page 19]a Plea of a decree made before himself, in Bar of a bill exhibited in the High Court of Chancery, for releif of the same matter, Owen against Thomas Hillar, 1654. but got an other Counsel to signe it, which being argued before the Lords Commis. and endeavored to be maintained by two Welsh Counsellors, that take upon them to be the principall upholders of this usurped jurisdiction yet their Lord ps. overruled and ordered the Defendants to answer in cheif, and granted an Injunction for stay of the proceedings in the Chancery of Wales, for the matters here complained of, untill hearing of the cause.
7. There are Presidents that may be likewise produced of Prohibitions Issued out of the Courts of Ʋpper Bench and Common Pleas, against the pretended Chancery of Wales.
8. A Court of Equity cannot be erected by grant or prescription, but only by Act of Parliament; Hobart 5.87 Martin and Marshall, Dyer 175 1 pr. Sproggs Case. and yet the Chancery in VVales hath neither grant nor prescription nor Act of Parliament for its support, wherof the Judges of VVales being deeply sensible, and of the danger of incurring the penalties imposed by the severall Statutes for Premunire in cases of like nature, have not untill now of late take upon [Page 20]them the authority to make any finall or decretall Orders, without the orders themselves were first signed by the Counsel & Attorneys on both sides wherby the same were indeed made rather orders by consent of both parties their Counsell and Attorneys, then any finall or decretal orders by a Chancery Iurisdiction which indeed gives them no more authority then if the matter were referred by consent of all parties by way of Arbitration to ordinary Arbitrators, and how farr any have acted beyond their Commission or contrary to the Statutes for Premunire; is humbly submitted to consideration, there being no Register there untill of late.
8. To give the Iudges of Wales the power of Law and equity in all cases criminall and civill, without Appeals to Westminster; is such a Iurisdiction that the wisdome of former ages never yet thought safe to intrust to any persons of never so much integrities & abilities, nor any could be found so immodest as to accept much lesse to desire it, until few of late, and it is well hoped that the supream Authority wil take special notice of the contrivers & promoters of this design being a few out of Brecknock Shire, where Iohn Corbet Esq doth ride as sole Iustice; is upon [Page 21]occasion of a murder ther lately commited by some that are of neer relation to those that carry on this design, with an intention to smother this murther, and save the lifes of few from the power of Justice, with the vtter ruine of the whole Country, as is herein after more fully discovered.
The granting such a power of Law and equity in one or more persons, is to set up Arbitrarines, and to destroy the fundamental Lawes of England; as Magna Charta, the Petition of right, and tryals by 12. men &c. For after a verdict at Law the same person that sits as Judge therof, may if he please, as Chancellor stop Indgment, or after Iudgment stay Execution, or if he please stop the tryall it self, and in one mans case Administer the strictnes of Law, but in another mans case of the same nature, Administer his own will for rules of equitie: And so carry fire in one hand, and water in another hand, being indeed a power that many learned honest conscientious men would not accept off, if offered unto them, as Inconsistent w h the rules of good government in the due administration of justice; & if once this power was erected in Wales; then by the same rule of Law & reason may some ambitious [Page 22]persons petition for establishing the like Iurisdiction in all other parts of this Nation that are but 30. or 40. miles distant from London, & therby reduced the whole Nation into severall Provinces under an Arbitrary mixt power of Law and equity in one and the self same persons, to the subversion & overthrow of the Fundamental rights, laws, liberties, and freedoms of England. Far be it from any sober man as much as to imagine that the Wisdome and Justice of his Highnes the Lord Protector and his Counsel wil ever condiscend to such unsafe destructive Attempts, the effecting wherof would not only draw a ruine insensibly upon the whole Nation; But endanger the very Root of Government.
Whereas, now the Supream Magistrate hath the mediate overseeing of all the Judges proceedings in Westminster-Hall and they have an inspection into the proceedings of all delegated and subordinate Judges and Officers, and a power to releive the innocent and oppressed and punish the guilty; wherby the Supream Magistrate may oversee the proceedings of all the Judges of England and Wales, in and through the Chrystal Fountain of Iustice w ch alwayes ought to flow from the Courts at Westminster for the releiving and refreshing of all the oppressed injured [Page 23]people of the Nation; and therby the Supream Magistrate is the better enabled as Iudge over all Iudges to discern and determine such differences as shall or may arise either between the people or the severall Courts and Jurisdiction of the Nation and Administer equal right and Justice to all the people under his Highness Government and Protection.
But least this discourse might fall into the hands of some incredulous persons that are no wayes concerned to take notice of the manner of the proceedings in Wales; give me leave to present to your consideration, three Affidavit, the Original wherof remain of record in the Chancery, and upper Bench; which will in great measure fortifie the veritie of the foregoing conclusions, and I dare affirm, if all other passages of like nature that have happened in the great Sessions held in those parts, this little treatise would swel into too great a Volume.
Thomas Watkins of Bulith in the County of Brecon. Gent. maketh Oath that Elizabeth Williams mother of Roger Price late deceased finding one Jeffery Williams at the last Epiphany Quarter Sessions held in Brecon did in [Page 24]Court lay hands on him and charged him with the murther of the said Roger Price her son, and acquainted the Justices, of the peace then and there sitting, that the said Roger Price was dead of the stab, and wounds received of the said Jeffery Williams, Hugh Williams his brother, David Williams, and Samuel Thomas, and prayed the Justices to commit the said Jeffery williams then & ther present to the Goal, wherby he might be proceeded against according to law; Nevertheles the said Jeff. Williams was left at liberty upon ordinary Bayl to appear at the last great Sessions for the County of Brecon. and the said Ieffery Williams hath since been permitted to ride armed with his sword, and the said David Williams with a fouling peece to the great terror of the mother, wife and freinds of the said Roger Price, and the said David Williams having threatned Thomas Phillips brother to the said Roger for appearing for the Lord Protector against him, and the rest of the offenders in order to the bringing them to a faire tryall; And the said David Williams did shoulder and jostle Elizabeth VVilliams the mother whilst she was going peaceably in the street, that the said Elizabeth Williams taking [Page 25]notice of the premises and of the great Countenance given the malefactors, finding their power and interest to be too potent for the Prosecutor in the said County of Brecon. where she could not hope for a faire and indifferent tryall and proceedings against them, did imploy this Deponent being uncle to the said Roger price to sue out a Certiorar. out of this Court for removing the Coroners Inquisition to this Court in order to a fair tryall, in an indifferent English County, who on security given to prosecute with effect, obtained the same, & delivered the said writ to the Coroner, since the Inquisition made, by which the said parties were found guilty of Man-slaughter on the Statute of stabbing, of the first of King Iames: since which time at the last great Sessions held at Brecon. before Iohn Corbet Esq Justice there, the said Mr. Corbet was moved in open Court that the said Ieffery Williams then and there present in Court might stand committed according to Law, and acquainted Mr. Corbet that the Inquisition was found, wherupon Mr. Corbet seeming highly displeased with the removal therof, did check and discountenance the prosecutors Counsel and permitted other Counsel to speak against the said [Page 26]writ and removall of the Inquisition, and Edmond Iones Esq Attorny Generall there for the Lord Protector not speaking one word in behalf of the Lord Protector, and the Prosecutors in that behalf; but on the contrary moved that the said Ieff. Williams might stand on his bayl; And further deposeth that the said Mr. Corbet committed the said Elizabeth Williams mother of the said Roger Price, and one of the Prosecutors and suffered the said Jeff. Williams to go at liberty on his bayl, and did not asmuch as Issue a Warrant to apprehend any of the said Offenders; but did also so far appear against the Prosecutors and the Interest of the Lord Protector that he checked the Coroner and called him a knave and examined him against himself on oath in court meerly for his careful discharge of his duty on the Lord Protectors behalf: as this Deponent verily believeth; & the said M. Corbet did examin the foreman of the Jury in open Court against the Coroner & the Lord Protectors Interest, & against himself as this Deponent taketh it, and afterwards privatly examined him in his Chamber, and refused to Administer an oath to the said Elizabeth Williams on her Affidavit produced in writing touching [Page 27]the Premisses, a true Coppy wherof is hereunto annexed although the said Elizabeth did render her self to be sworn to the truth therof, first in his Chamber, and afterwards in open Court who then kept the same: Wherfore, and by reason of the potency of the Malefactors in the said County this deponent being Uncle to the said Roger Price deceased, and one of the Prosecutors for the Lord Protector cannot hope, or expect to obtaine Justice, or any fair or indifferent proceedings in the said County of Brecon. against the said Malefactors, for the said horrid murther wherof they stand as afore said indicted; And the rather in regard John Williams Esq late high Sheriff of the said County being brother to 2. of the said Malefactors; and Edm. [...] Attorny Gen. there, being a special friend to the said Jo Williams & his brothers, who contrary to his duty the last great Sessions neglected the Prosecution of the said Malefactors; And further deposeth that he was credibly informed that the said Malefactors and their Complices did way lay this deponent to take away his life, in his Journey to London this term.
REes Gwyn of Llanlloelvell in the county of Brecon. Gent. maketh oath that this deponent being indicted for Barretry in the County of Brecon. upon the malicious Prosecution of some of his adversaries, and finding his Prosecutors too potent in that County, where he could not expect to receive an indifferent and faire tryal, this Deponent did sue forth a Certiorar. out of this Court of Vpper-Bench returnable Michalemas Term 1653. in order to a fair tryal in an indifferent County, and delivered the same with the Fee to John Corbet Esq then, and yet Justice there; who allowed the same; & this deponent paid the Prothonotaries Fees for certifiing the Record, that this deponent being before taken on proces to appear that Sessions; and having given bond to the Sheriff for that purpose, and appeared, and had his writ of Certiorar. as aforesaid, allowed; The said Iohn Corbet did afterwards threaten to extreat the said Bond, unless this Deponent would wave his Certiorar. which he was forc'd to do to save the suing of his said Bond, which nevertheless was sued: And this Deponent coming to tryall on his Traverse, and twenty four able men returned by the Sheriff, the said Iohn Corbet did [Page 29]lay aside the said Jury, and caused another Jury to be immediatly Impanelled, who were many of them, this Deponents professed Enemies, and one of them; Viz. William Vaughan, one of the grand Jury-men who had first-found the Bill, by which means this Deponent was found guilty, and fined by the said Iohn Corbet 200 l. and ordered to be Imprisoned untill he should pay it. And after some time of restraint this Deponent was discharged out of Prison, with a purpose, as this Deponent believeth, to levy the Fine on his Estate, which in part was effected, and about the value of 40 l. of his Goods seised, and sold for about 16 l. wherby he endured a double punishment for one supposed Crime, and this Deponent having since by advice of Counsell taken out a Writ of Error in this cause, returnable in Hillary Term last, did deliver the same to the said Iohn Corbet at his own then dwelling place, and tendred him his Fee which he refused to allow; And in Hillary Term last, this Deponent renewed the said Writ returnable in Easter Term last, and again tendred him the Writ and his Fee at his then dwelling place, which he refused then to allow: But wished this Deponent [Page 30]to tender it in Court at Brecon. Sessions then next following, and there he would allow it. In pursuance wherof this Deponent did in Brecon. Sessions held in April last, as well in his Chamber as in open Court, tender him the said Writ & his fee, which he refused to allow.
And this Deponent further deposeth, that on his said enlargment he was forced to be bound with two able Sureties in a Recognizance of 400 l. for his appearance the first day of the last great Sessions in Brecon. and in the mean time to be of the good behavior; Notwithstanding this Deponent, hath, as he doubts not but to make appear, performed the Condition of the said Recognizance, and duly appeared and attended in Court every day of that Sessions, and untill it was adjourned, yet since there is a Scirifacias sued out on the said Recognizance. By all which waies and means, this Deponent is in danger to be ruined in his Person, Credit, and Estate; The said Iohn Corbet having declared, he would address himself to all the Judges of Westminster, and would use his utmost endeavour to have this Cause determined and concluded, by, and before himself and none other. And this Deponent is credibly informed, [Page 31]and doubts not to make it appeare, that the said Iohn Corbet so far appeared herein against this Deponent, that he sollicited the extending of this Deponents Lands and Goods for the payment of the said Fine, and applyed himself to severall persons for that purpose.
Between Rees Gwyn Gent. Plaintiff, John Corbet Esq Defendant.
THe Plaintif Rees Gwyn maketh oath that since he this Deponent delivered the first writ of Error unto the Defendant, Corbet (w ch was in Michaelmas Term 1653.) he this deponent hath expended in Journyes to London, and otherwise, to force the Defendant to return the Writ of Error and Record into this Court of Vpper-Bench, above one hundred pounds, and upon the delivery of the last Writ of Error to the Defendant he demanded his Fee for allowing the writ in a jeering manner, using these words in open Court No penny no Pater Noster; And although his Marshal in his presence and by his approbation received six shillings eight pence as a Fee therin, he the said John Corbet hath not yet returned the same, [Page 32]though he then promised to return it. All which rends to this deponents great damage and prejudice.
THese things being premised what man of reason can esteem it convenient to debarr that Nation of so high a Birth-right as the benefit of Appeals to the Courts at Westminster, by Certiorar. Habeas Gorpus; Writs of Error, Quo minus and Subpaenas out of the Exchequer, and Subpaenas out of the High Court of Chancery.
To conclude all, if this ancient Right and Freedom be taken away, the Inhabitants of Wales will be deprived of the most considerable branch of liberty that belongeth unto them, & I am perswaded, & partly know, that many of the most ingenious amongst them, & of considerable estates there, wil be inforced to sell their Inheritances, & forsake their own native Country: rather then live under such an Arbitrary power as is herein before demonstrated, which to a noble or ingenious mind will be a greater bondage then to serve in the Callies as a conquered Slave.