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Show I I A Letter, tot he King , concernin~ the Premunire, &c. .. . tiJe Premunire, in the Kings A Lcttcr,to the K_i~f'hco~~:~~ery. Febr. 21. 16t5 ~Bench, agaml' t e . ·n l .re)·our mofl excellmt MaJc y, · l my Lord Chance/Let, ac- It may P eaJ, . l c Afternoon, Wlt 1 . db l M I Was yef!erday, m t1 d. en't which 1 recctve y t le a· cording to your Cornman ~~~old Man, well comforted ; ~oth fl. •• rthe Horfe ; And finde l World and that fame mlddle J.er oJ ·d od and towards t lC ' roceeding from your towar_ s G '. h. Divine anLl Humane' p r. d d hath Comfort, wluc ts . ' n Earth, I am peri wa c ' .. M . 'ft. beino- Gods Lteutenant, o S. k ~ hath been portable, to b:l~ tcrreat Caufe, that/'!!~ a rr:; c~;;eaure, that this Bujine[SJ f uch att Age. I did n<?t at h~:~ • He ilieweth to def pife it, bu~ he of the Cb~~cery, hathl {h~e~ke a young Duellift) that finder h him-is full of 1t ; And a rno ' . fdf behind hand. . e tiireth give yori a true Relanon, I w iU-t10'."; as your Mrtf!f! ~ ~ither ~ill l de :line, your !I"{: I of that ,\lluch hat~ Pderiv~ring my Opinion alfo, though tt a~ Commandell)_em, o~. ,. But !,that acco.':lnt my Bemg, bit , a tender S9bjeel;~to wn~e Ol' ill neP"leet no duty upon Self-Sa et). Accider'1t to m-y fervtce, w M · ~y know the Ground of the. an F ir{t o it is necelt'~ry' Ilet your .. a~~~a t you: Majtfty ' rna y the Di.f Jerm' u, l) etw een the Two ·Cveo urts' . better Ui1clc:riland the Nardratt .Ed 3 Cap. I. which (no doubt) Ttcrc was a Statute ma e,\ 27 f w. ~s ordained·, againfr thofe, . llc p~·incipal Intention t.1etelo' w Words fomewhat gene-tn t 1 hcre1n t 1ere are ' · . tha1 ta~~~~~oa~y0. 7;t~a~qu~~roneth, or impeatchet~~~~~ J~~*i~d~~1£~r~u ra , b · an'll otner Cour • r h r. d · . the J(mos Courts, or tnC ; . 'le groweth. Fort c loun. er twno rL\/s fotboe rCourts~ ) the omroveru . r. whlCh 1 t ben1eant ofd101eCourts, lnterp~ctation, taketh t >em, n~t held at ~orne, or w~ere the. P~pes t hou<>h' locally' they '." ~~-e the Rt alm • yet, in thcu ·} urt( d tElto~' Chairwa~, butherewlt un the Co~rtofRome; As were t e had tL<.ir Dcp ndance, tl}~~ Co rts of the Arci:~-Bifhops' and Court of th~ Leg at~ brre~ anbt~t fubC::dinate J udget'?ent Seats' to Bifhops, wiu~h were t\1cn, And for this Conilruchon,the Oppothat hiS\h 7hbunal of Romj_.f the be well obferved ) bc~~ve_en th~ Gtion of the Words ( Jketh very much : For tt unpor- . Kinn~ Courrs, and other Courts, . not the King$ Courts. Alfo, tct1~ 1s if thofe other Courts, '/!o:t~~eth the fame : And l~fl:ly ,lrhe rh e r' nam· Sc op e ofA th e Statute, l( • ( hKh c ea- Tl1e other lnterpretatton, w C Pral..lo~..l CC o f m,a ny. o-es. t • C . to b the ourts b ndcth the Kmgs ourts, "' . - veth tO the Letter, ·) expou be CourfS or Equity, as the c.hancerdy, oF Law,on 1Y , an d other Co'u rts,& t o Though 'tJ lu•s a 1r. fl th mdce ' 10 yc ' Exchequer- ch ·a m be r ' Dutc· Jyl, l t c.[ e are the Kt/·J .gs C our ts • · Tl · from the Letter, for that a t 1e ' 1Cre A letter, to the King, concenzing tbe P1·imunire, &c. 67. There is alfo another Statut-;, whlch is but a fimplc Prohibition, and not with a Penalty, of a Premunire, (as the other i~;) That aftu Judgements given in tb! Kings C9uns, the parties fhall te in Peace, except the Judt,ement be undone, by Error, or Attaint, which is a Legal form, of Rez:erfal. And o.f t~1is alfo, ~ hold~ the Sounder Interpretation to be, ro fettle Po.J'ie.J?tolJf, agawfi: D~(lurbances, and nor to take away Remedy, in Equity, where thofe ]1edgements, are obtained, ex Rigore Iurif, and againfl: good Confcience. But upon thefe two Statutes, there hath been, a late Conceit in [orne, that if a Judgement; pafs, at the Common Law, againfr any, rhar he tna·y not, after fue, for Relief in Chancery: And" if he doth, both He, and his Counfell, and his Soliicitaurs ; yea and rhe Judge in Equity himfelf, are within the Danger, of thofe Statutes. Here your Maie#y, hath the true fiate, of the ~effion, which I was necefi~1rily to open to you firfi_, becaufe your Maiefty, calleth for this Relation; Not ·as Ntwet, bur as Bujinefs. Now to the Hi-florical part. . , , . It is the Courfe, of the Kmgs Bmch, that they g1v: 111 Ch.atge to a Gra.nd Jury, offences of all Natures, to bt' prctenred W1th111 Middlt[ex, whtre the faid Court is; And the manner is, to enu~ merate them as it were, in .Articler. This was done ·by Iuff.ice Crook, the W~dnefday, before the _Term ended. And that Atticle, (If any Man;,_afte~ a ~udgemeht gt~7.t·en, had drawn :he [aid J~dj,emen:, to a new Examtnutton; tn any other Court) was by l11m, fpeClally, given in charge; which had not ufed to be giv,en, i~ charge before. It is true, it was not folemnly dwelt upon, bur; as It were; thrown in amongfi the refi. .. . . 1 . . • The lafi day, of the rtrm; (And that whtch all Men condemn, the fuppofed lafi day, of my Lord. Cha~ceUers lif~;) !.he;~ were two Indietnients preferred, of Pr/tmzmtrt, for fu~ng m CJ~ancery, after Judgement in Common Law; The O?e by Rrch. GlaJJ.vtle, the other by william AUen : The fotnier aga111fi Courtney, the parry in Chancery, Gihb the Counfeller, and Dtu~ft the ~la~k ~ The latter, a ~ainfi: Alderman Bowlts, and Humfry Smtth,plrtles m Chancery; Sei·jeant More the Counfeller, Elia! Wood, ~ollicite~ in t~e Caufe' and Sir Joh.n Tindall, Mt. of the Chantery, and an Aifdfor, ro my Lord Chanaller. . . , For the Cafes themfclves, it ~ere tbo long, .to ttoubk your Maiefty, with them; Bur this I will fay; If they were fet on, that preferred them, they. were the worH: Marks-men, that ever were, . that fer thein on. For thete could llOt have l:ieen chofen, two fuch Caufcs, to the Honour, and Advantao-e, of the Chancery, for the J ufinefs of the Dtcrus, and the ~ouTncfs ~; and Sca.ndal ~· both of Faa, and prrfon, in thofe that 1mpeach the Decrees. , . The Grand Jury, confifiing, (as it feemeth,) of ~ety Subfia~ual, and Intelligent, Perfons, would not finde the Btlis; Notwlth- . fianding, I |