IVSTICIA PRESIIGIOSA, OR IVDGES TVRNED IVGLERS.

Supplicating for the common good, the House of Commons in Parliament, against a gree­vance, none more common by contempt of their just Order, and for vindication of their Iustice, and raduced by these desperate Malignants into Injustice, and despicable imposture, by colour of executing such Order, whereof there will need no other Constat then their owne Records, digested into eight Article, of Impeachment. In this Petition annexed.

Discite Iusticiam moniti, &c.

LONDON, Printed in the Yeare, MDC. XLIIII.

Burgo. de Southwarke.

The Inn called the Wallnut-Tree, the third part of the The Subject of his jag­ling. 16. houses called the Wallnut Tree, held in Capite by Knights service.

CVtberd Beeston in 22 Eliz. seized in feesimple of these The Title houses Devised 2. parts thereof into 3. parts to be devided to George Ward in Fee upon condition for charitable uses, leaving the third part to descend to Agnes Brooke his heire generall, who in 26. Eliz. by fine and conveyance assured her 3. part in fee expectant u [...]on her decea [...]e to Robert Smith the elder, and Frances his Wife, whereby this third part is s [...]tled.

Cutberd Ward Son and heire of George Ward the Devisee entred into the 2. parts, and in 16. IAC, died leaving srew. his his sister and heire now wife of Richard Cosford.

Agnes Brooke, Beestons heire entred into the 2 parts for breach of the condition, and 14. IAC. dyed without heire, whereby the 2. parts escheated to His Majestie, who emised the same for 48. yeares to Arthur Yorth, who together with Robert Smith Sonne and heire of Robert Smith the elder, and Frances his wife were Tenants in common of their [...]aid respective parts, upon their said severall Titles, untill Cosford by colour of his Title to the two parts, hath outed the petitoner Smith from his third part in Mid­summer Terme was twelvemonth by illegall proceeding in the Exchequer, in a suit for the two parts between the said Cosford and Yorth, wher [...]unto the Petitioner neither was party, no [...] his third part in question, as by the proceedings in particular here re­lated appeare.

Justicia Prestigiosa, OR, Iudges turned Iuglers. To the Honourable Assembly of the COMMONS HOVSE OF PARLIAMENT.

Aeneid Et vacat Annales Anglorum audire laborum.

The humble [...] of Robert Smith tending to Refo [...]ation of a grievance so publike that [...] King nor Subject having possessions but are concerned there­in, not containing matter of Law to amuse this Honourable Assembly, but [...] and juggling demonstrable by a Record of division of sixteen Houses by Commission of the Court of Exchequer, against Sir [...] Davenport Knight, Lord chiefe Baron, Baron Trever, and Baron [...], of the said Court, Richard Co [...]ford and his Councellours, whereby the third part of the Houses being the pe­titioners inheritance divided from the other two par [...] of the said sixteene houses, and as a third part so enjoyed these ten yeares [...], and not claimed by any; is [...]oducted from the Petitioner, and In return natura not to be found.

SHewing that the Petitioner being seized in Fee, of the third part of these sixteene Houses into three parts to be divided, called the Wall Nuttree in Sotth­worke, as Tenant in Common with Arthur Torth, His Majesties Lessee of the other two parts, one Richard Cosford in 2. Car. exhibited his English Bill [Page] into the Exchequer against the said Yorth, thereby claimeing in right of his Wife the two parts, and questioning the validitie of an inquisition, whereby his Majesty was intituled to the two parts: and because [...] Writ of partition lay in the King [...] case ob­tained Or [...]er 18. Movemb. 7. Car, for a Commission by a Iury impannelled in due forme of Law, to set our and divide these 16. houses in three equall parts, whereby 15. of them were set out for his Majesties two parts, and the sixteenth and [...]ast house in the deviso [...] named the Wall-Nu [...]tree, in the Tenure of Robert Willmott, of 35. l. yearly Rent was set out for the third part of the said six­teene houses, as by the Com. returned by the Commissioners, and Iury of Record, in the [...].

That 2 d Iunij 11 Car. the Court upon full hearing, having dis­covered The procee­dings, or Iu [...]gling. a pract [...]co in Cosford and his Co [...]ncell: for that C [...]sf [...]rd by Order of 31. Ian. 5. Car: [...] barred to proc [...]ed or qu [...]stion the said Inquisition, did not witstanding 18. Nov. 7. Car: being two yeares after, upon wro [...]g in [...]orming the Court by his Coun­cell, that he only claymed the third part of the said 1 [...]. houses, and the defendant the said other two parts obtain Order for setting the said 15. houses, as the two parts so divided in the defendant, and the said Messageth third part in him the said Go [...]ford, whereby the Petitioner no partie to the suit, nor his said third part questioned, was not with [...] by Injunction of the Court owted for three yeares, from the said Message his third part. Ordered upon the said 2 d of Iune, 11. Car: that the Petitioner should bee forthwith restored to the said third part, of the said 16. houses, and to the [...] profits thereof, wrongfully withheld by Carford, by colour of such Injunction, notwithstanding any fo [...]mer Order, and in pursuance of that Order, C [...]sford by a relative Order of 6. [...] 12, Car: stood committed for breach of the said finall Order, of 2. Iuni [...], 11. Car: and untill he yielded obedience thereunto.

That [...] Order, the Petitioner was by a [...]other [...] Order [...] 14 [...], [...] Car: restored to the said Message his third part, by an Injunction to the Sheriffe, which ha­ving [...] quietly seven yeares, and probably presuming of no far­ther [...], by like practices did improve it by building to the double [...] of the other [...] part [...] Cosford about the beginning of this Parliament, or [...] for the two parts, [...] (as by the [...] appeared) [...] another like ow [...]er of the Petition from the said Message, upon his said clayme, to the said [Page] two parts in his Petition to this Honourable Assembly, having ob­tained some opiniō or Resolve of this house, inabling him to prose­cute for triall of his Right to the said two parts at Common law, and thereupon two deriveative Orders of the Exch [...]quer upon his old Bill, the one of 8. Iulij 17. Car: the other of 1. Febr. 17. Car: for him to seale a Lease upon the two parts for triall of his Title, in that Court by an Ejectment, whereunto the Defendants were to appeare gratis and plea [...], the said Cosford in abus [...] and co [...]tempt of both Cour [...]s and Order thereof, did not seale such Lease upon any the said fifteene houses the two parts, as by both Courts he to stood ordered, [...] upon the said Message, the third part so devided re­stored and improved by the Petitioner, then in possession of the said Willmott, Tenant of all the 16 houses the three parts. And in Hillary Terme was two yeare having declared in the said Court in the name of his Losse. Banfield against the said Willmott so handled the matter between them, by collution for their owne ends, to place the triall upon a wrong house, that albeit, by neither of th [...]se Orders, nor any other Order or Processe, Wilmott was not bound either to appear or plead to such action, yet both appeared gratis, & by colour of the said Orders pleaded thereunto, and so farther pro­ceeded that in the beginning of Midsummer Term then next fol­lowing, by colour of a Iudgement had in that Action, the said Wil­mott was ev [...]ed, and the said Lessee of Cofford put [...] possession by the sheriffe, this Petitioner thus being the second time outed from the said Message, and so remaining to his damage of 200. markes.

Further shewing that before any triall by such contempt and collusion the Petitioner in prevention of this last Ow [...]er in March was two yeares, caused C [...]sforid to be apprehended by the Warden of the Fleet, by force of the said Order, of 6 [...] 12. Car: untill he yeilded obedience to the said finall Order of 2d. 11 Car and permit­ed the Petitioners quier, enjoying the said Message, and payment of the said meane profits, but being brought by Heb-Corpus before Baron Weston, was by him [...] larged upon his bond to appears in Faster Terme then next, at which time upon his appearance hee was discharged without any obedience to the said finall Order, or any other cause appearing in the said Order of discharge, of 29. Apr. 18 Car:

That in farther prevention of the said last ow [...]er, and divers 29 Apr: 18. Car. dayes before the triall, the Petitioner moved the Barons in C [...]urt for Recommitment of Casford, untill hee yielded obedi­ence to the said finall Order of 2d. Iunij. But the Barons, aver­ring [Page] point blanck contrary to the said Record of Devision, that that the [...]ryall was for the two parts 13. Maij 18. Car. Ordered the said triall to proceed upon the then next Friday, whereby the Petitioner was so owted again from the said message his third part. 13 Maii. 18. Car.

Whereby it appeareth that by these two severall contempts, and abuses of both Courts by the Parties to this suit upon a Bill of 20. yeares antiquite exhibited for the two parts but never proceeded to triall, or [...]all decree; that the Petitioner no party to the suit, nor his third part ever questioned in either Court, yet by contempt and abuse of both Courts and Orders aforesaid, hath to the high dishonour of both Courts by imposture of the Barons evidenced by the said Devision, the only Liber [...]udex of the parts, been thus often turned from a Tenant in Common, to a Tenant in severall, and to no Tenant at all.

The offences charged for which the said Barons hereby appeare worthy to be censured are;

FIrst for arrogating to themselves Iu [...]licature of Land not within the jurisdiction of that Court, to hold plea being no part of His Majesties Revenew but the Petitioners inheritance, and so adjudg­ed by them as appeareth by the said finall order of 2 Iuvij.

2. For evi [...]ting him by that order of 18. Nov. 7 Car. upon bare information of Councell not presidented by any other Court of Iu­stice.

3. For twice evicting him from Land not in question before them.

4. For evicting him being no party to the suite.

5. For inlarging privately a Deliuquent committed for con­tempt of an equitabl [...] Order by themsel [...]es in open Cou [...]t upon full hearing by a Common Law of Haib. Corpus, and afterward dis­charging him as aforesaid. not unlikely that incong [...]uous Painter in Horace, Humano capiti &c.

6. For their bold and untrue averment of the parts contrary to the said devision, and whereupon the Order of 13. Maii 18. Car. for the second onster was grounded.

7. For evicting the Petitioner the second time by colour of the said Resolve of Parliament made thereby a stall for corruption and injustice.

8. Lastly ejucting him by the said Order 13. May 18 Car. from that Messages as part of the two parts whereunto by the said finell Order of 2d. Iune, they had formerly restored him as the third part in one and the same devision, Secum dissidentes, by a Mod, Ajun [...] modo negant.

The dammages sustained by wilfull ruines and felling away the very P [...]sts and materialls by Cofford during the three yeares, hee held the Inn after the first onster.—300 l.

The meane profits for those three yeares after the rate in the divi­sion of 35 l. yearely Rent ordered by the said finall Order of 2d. Inn, to bee restored—105 l.

The meane profits since the last owster for a yeare and quarter at 65 l. Per aunum—080 l.

The charges unnecessarily expended in a sui [...]e of fifteene yeares continuance in matter and faire practice so little concerning the Petitioner.—500 l.

His most humble prayer for himselfe is that according to that just Order of 2d. Inn. (whereto no exception hath been taken) hee ma [...] be restored to the said Message with the said dammages, and costs wherein if Cofford prove insolra [...]t, that by reason of such ille­gall inlargement [...] [...] [...] said Barons, as Par [...]icipes [...], may bee responsall and that however Coffords Co [...]ell by impu [...]ity thus licenc [...]ate in their wrong information and by Affid appropria [...]i [...]g the cause, though also Barons in expectation may escape the sword of Iustice, yet that the plaintiffe termed by Master Attorney, Noy cerdo negotiator, or Cobler of the Wall, Nutt-Tree, who for refusing a Dicker of Leather for his Tittle to the two parts, was thought fit to be banished, may now be banished for making no better use of his Bill.

And how ever Iuridicis erebo fisco fas vivere rapto, may per­haps seeme to Gent. of the long Robe false or scandalous, yet upon Oyer of these Records, it will fall out too true, that these three met upon this division of three where wrong informing the Court by the Lawyers, belying the Innocent Record by the Iu [...]ges; The Devill Moderator so well agreed the case between them, that this Naboth was thus twice disseized by a Court of Iustice.

And certainely Right Honourable if Ex prescripto Mosaico, the [Page] judgements of men be the judgemen [...]s of God, and Munera o [...]a­cant [...]; be po [...]itive against these [...], thus twice lost in premo numero imparium, and if dissolution of States and inju­stice are so [...], that because Omnia Roma venalia, Iugu [...]th in Salust truly denounced against that great Mistresse of the world, Ʋrbem ci [...]o p [...]ritu [...]am, a sufficient Caveat for Devisis or be Brita [...] against their fel [...] devisions and distractions, h [...]d the Masaicall la­pidacon Perstian excoriation, the Roman Insuision, or [...] ex­occulation, for such occaecation been put in execution against our Municipall Scarlets lately noted, more licenciate then Civillians, who although also wading in these lay stalls of Augeus (silly men) in their sentences never dared traduction of Iustice beyond mat­ters opineable, whereas those bold Barons in defiance of God and N [...]ture throwing at no lesse the [...] all, thus have with their Religi­on [...] the visuall sence, becomming thereby Stocks, and Subjects of scorne to, Martialls mugiles Raphanique, Nominall Actors of injustice in Mercurius Britannicus, and by Bishop Hall, Cambrobritanous Owen, and indeed by every weltch Epignani [...]st, expanded the only persons, who by their devisions make all their Termes Hillary, although to the ruine and dishonour of this other­wise most fl [...]rishing State, wherein how deeply they have offende [...] both divine and humane Lawes, and for the common good what exemplary punishment shall be thought fit and agreeable with their demerits, the Petitioner humbly leaves to the high wisdome of this most Honourable Assembly; For whom he will pray.

‘ In libera civitate Augustus voluit etiam linguas esse liberas.’
FINIS.

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