chapter nothing from henceforth shall be give for a Writ of inquisition nor  take of he that pray inquisition of life or of member but it shall be grant  free and not deny a Writ of inquisition that be the Writ de hatred  atia  ancient call breve de good evil and here of life and member which the  commonlaw give to a man that be imprison though it be for the most odious  cause for the death of a man for the which without the king Writ he can not be  bail yet the law favour the liberty and freedom of a man from imprisonment and  that he shall not be detain in prison until the justice in eire shall come at  what time he be to be try he may sue out this writ of inquisition direct to  the sheriff quoth assumpsit tecum jailer to please coronae in full county  per  sacrament estimable of man de c to seek after ind to drive to breve search  utrum a capacity holding back in prison c pro death wonder unde rettatus  to call to account step forth rettatus sit hatred  atia c nisi indict well  appellee appelatus to be in person Iustitiariis our men  ultimo itinerantibus  in birth strike against pro hoc capacity imprisonatus for by the commonlaw in  omnibus autem plea de felon to use to call to account perplegios  to send different ways except de plea de homicide where and terror aliter  to cause to stand be in this Writ four thing be to be observe first though the  offence whereof he be accuse be such as he be not bayleable by law yet the law  do so high hate the long imprisonment of any man though accuse of a odious and  heinous crime that it give he this Writ for his relief second if he be indict  or appeal thereof before the justice in Eyre he can not have this Writ because  this Writ be ground upon a surmise which can not be receive against a matter  of record three upon this Writ though it be find that he be accuse de hatred   atia and that he be not guilty or that he do this Act see to ward off well per  misfortune yet the sheriff by this Writ have no authority to bail he but then  the party be to sue a Writ de to put down in ballium direct to the sheriff  whereby he be command quoth si prediction a to come upon flute Probus of man  de county  tuo c who the dawn manucapiant haberecoram justice our men  and  chiefs  assisam c to stand c tunc Self a c prediction dvodecim to give up in  ballium last that there be a mean by the commonlaw before indictment or appeal  to protect the innocent against false accusation and to deliver he out of  prison odium signify hatred and atin or needle in this Writ signify malice  because that malice be acid substances  that be eager sharp and cruel and this  branch for further benefit and in favour of the prisoner do enact that he  shall have it gratis without fee and without delay or denial of which the  mirror say thus Le defence and see fait deal brief de hatred  atia and Le roy  ne son chancellor ne preignont pur Le brief granter see doit extend a tout  brief remedials Le dit brief ne doit solement extender a felony de homicide  mes a tout felony ne solemt in appeal mes en indictment but this writ be take  away by a late statute videlicet in Edward because as some pretend it become  unnecessary for that justice of assize justice of oyer Termimer justice of  gaol delivery come at the least into every county twice every year but within  year after this statute itwasitenacted as often have be say that all statute  make against great Charta as the say act of Edward be shall be void whereby  the writ of Odio atia de to put down in bali be revive and so in like case  upon all the branch of great Charta and therefore the justice of assize  justice of oyer terminer and of gaol delivery have not suffer the prisoner to  be long detain but at their next come have give the prisoner full and speedy  justice by due trial without detain he long in prison nay they have be so far  from allowance of his detain in prison without due trial that it be resolve in  the case of the abbot of S Albon by the whole court that where the king have  grant to the abbot of S Albon to have a gaol and so have a gaol delivery and  diverse person be commit to that gaol for felony and because the abbot will  not be at cost to make deliverance he detain they in prison long time without  make lawful deliverance that the abbot have for that cause forfeit his  franchise and that the same may be feifed into the king hand for his commit to  prison be only to this end that he may be forth come to be due try accord to  the law and custom of the realm the abbot of Crowland have a gaol wherein  diverse man be imprison and because he detain some that be acquit of felony  after their fee pay the king seize the goal for ever and it be provide by the  statute of h that none be imprison by any justice of peace but in the common  gaol to the end they may have their trial at the next gaol delivery or session  of the peace vide cap and some say that this statute extend to all other judge  and justice for two reason they say that this Act be but declaratory of the  commonlaw Ubi law be not general ratio he general  generally  to take without effort be breve king de good evil be so call of the word de  good evil contain in the Writ this Writ lie when a b be commit to prison for  the death of a man the king do write to the justice of gaol delivery quoth si  a b capacity holding back in gaola prediction pro death c d de good evil super  native land ind to put down volveri she occasion non per some special mandatum  nostrum holding back sit in by the same route tunc the same gaolam de  prediction a b secundum law experience England to weigh well so as without  question the Writ de good evil be not the Writ de hatred  atia as some have  imagine note in those day the justice of gaol delivery will not proceed in  case of the death of a man without the king Writ for in the same record it  appear that r wonder indict de death wonderful e non to bear breve king de  good evil therefore retornatur gaolae such de other chapter if any do hold of  they by feefarm or by socage or burgage and he hold land of another by knight  service we will not have the custody of his heir nor of his land which be hold  of the fee of another by reason of that feefarm socage or burgage neither will  we have the custody of such feefarm or socage or burgage except knight service  be due unto they out of the same feefarm we will not have the custody of the  heir or of any land by occasion of any petit sergeant that any man hold of  they by service to pay a knife a arrow or the like by feefarm feefarm proper  take be when the lord upon the creation of the tenancy reserve to himself and  his heir either the rend for the which it be before let to farm or at least a  four part of that farm rend but Britton say feefarmes font terrestenus in fee  a render pur eux per annle very valve you plus you meins and be call a  feefarme because a farm rend be reserve upon a grant in fee and regular as it  appear by this act land grant in feefarme be hold in socage unless a express  tenure by knight service be reserve as it appear hereafter in this chapter or  by socage to hold per strong Elbe be to hold freely in socagio vide in scales  nigro scaccarii capite de duty a clergyman de of Firmum blanca it be common  call blanch farm work by lamplight Ockham of Firmum blanca vide there  antiquity word to whiten burgage see the costumier de Normandy cap and the  Commentariesuponthesame by knight service see Le costumier de Norman cap de  guard de Orphelines fol and the comment upon the same this Act as well concern  tenor in feefarme socage and burgage as by little sergeant be declaratory of  the commonlaw and constant in use to this day and needs no further explanation  chapter no bailiff from henceforth shall put any man to his open law nor to a  oath upon his own bear say without faithful witness bring in for the same the  mirror treat of this chapter say Le point and defend and nul bailiff meet  frank home a serement sans suit present be interpretable en cest manner and  nul justice nul minister Le roy ne auter seneschal ne bailiff ne eit power a  mitter frank home a serement fair sans Le commandment Le roy ne puit resceive  aucun testmoignes and testmoignent Le monstrance estre very by this it appear  that under this word bailiff in this Act be comprehend every justice minister  of the king steward and bailiff his own bear say for as Bracton say vox  simplex nec test compose nec presumption to lead in item non per to cut who  fieri to be able per household member member of household  to cut for test non  compose say light to lead in presumption bind per test in opposite direction  per a defending per law it appear by Glanville that the defendant ought to  make his law manu and so it appear by a judgement in the same year and term  that this magnacarta be make for there in debt the defendant wage his law  therefore to look at closely be per senate quoth defendens see the twelfth  manu go for sale come lege every wager of law do counterbaile a jury for the  defendant shall make his law de the twelfth manu videlicet a eleven and  himself and it shall seem that this make of law be very ancient for one write  of the ancient law of England say what  purification non all men  to vanish  old age memory nam per haec time de money demand debt is owed sometimes  the twelfth quoth to say yes manu to take apart how much and for what cause  the law respect the number of see the first part of the institute the party  himself when he make his law shall be swear de faithfulness that be direct or  absolute and the other de credulity that be that they believe that he say true  to make his law be as much as to say as to take his oath c and it be so call  because the law give he that mean by his own oath to free himself and the  reason wherefore in a action of debt upon a simple contract the defendant may  wage his law be for that the defendant may satisfy the party in secret or  before witness and all the witness may die so the law do allow he to wage his  law for his discharge and this for ought I can ever read be paculiar to the  law of England and no mischief ensue hereupon for the plaintiff may take a  bill or bind for his money or if it be a simple contract he may bring his  action upon his case upon his agreement or promise which every contract  executory imply and then the defendant can wage his law chapter no freeman  shall be take or imprison or be seize of his freehold or liberty or free  custom or be outlaw or exile or any other wise destroy nor will we not pass  upon he nor condemn he but by lawful judgement of his peer or by the law of  the land we will sell to no man we will not deny or defer to any man either  justice or right no free c this extend to villain save against their lord for  they be free against all man save against their lord see the first part of the  institute sect no freeman albeit a human being do extend to both sex man and  woman yet by Act of parliament it be enact and declare that this chapter shall  extend to duchess countess and baronesses but marchioness and Vicountesses be  omit but not withstand they be also comprehend within this chapter upon this  chapter as out of a root many fruitful branch of the law of England have  spring and therefore first the genuine sense hereof be to be see and after how  the same have be declare and interpret for the first for more perspicuity it  be necessary to divide this chapter into several branch accord to the true  construction and reference of the word this chapter contain nine several  branch that no man be take or imprison but per law terrae that be by the  commonlaw statute law or custom of England for these word per law terrae be  towards the end of this chapter do refer to all the precedent matter in this  chapter and this have the first place because the liberty of a man person be  more precious to he then all the rest that follow and therefore it be great  reason that he shall by law be relieve therein if he be wrong as hereafter  shall be show no man shall be seize that be put out of seison or dispossess of  his free hold that be land or livelihood or of his liberty or free custom that  be of such franchise and freedom and free custom as belong to he by his free  birth right unless it be by the lawful judgement that be verdict of his equal  that be of man of his own condition or by the law of the land that be to speak  it once for all by the due course and process of law no man shall be outlaw  make a exlex put out of the law that be deprive of the benefit of the law  unless he be outlaw accord to the law of the land no man shall be exile or  banish out of his country that be nemo to make away with native land no man  shall lose his country unless he be exile accord to the law of the land no man  shall be in any sort destroy to tear down I quoth prius P. of struo factum  to be inside to overturn to tear asunder unless it be by the verdict of his  equal or accord to the law of the land no man shall be condemn at the king  suit either before the king in his bench where the plea be in person king and  so be the word nec super the dawn to go to be understand nor before any other  commissioner or judge whatsoever and so be the word nec super the dawn  to cause to go to be understand but by the judgement of his peer that be equal  or accord to the law of the land we shall sell to no man justice or right we  shall deny to no man justice or right we shall defer to no man justice or  right the genuine sense be distinct understand we shall proceed in order to  unfold how the same have be declare and interpret by authority of parliament  by our book by precedent no freeman shall be take or imprison attach and  arrest be comprehend herein no man shall be take that be restrain of liberty  by petition or suggestion to the king or to his Council unless it be by  indictment or presentment of good and lawful man where such deed be do  Thisbranch and diverse other part of this Act have be notable explain by  diverse supersede a act of parliament c quote in the margin no man shall be  desseised c b hereby be intend that land tenement good and chattel shall not  be seize into the king hand contrary to this magnacarta and the law of the  land nor any man shall be seize of his land or tenement or dispossess of his  good or chattel contrary to the law of the land c a custom be allege in the  town of c that if the tenant cease by two year that the lord shall enter into  the freehold of the tenant and hold the same until he be satisfy of the  arrearage and it be adjudge a custom against the law of the land to enter into  a man freehold in that case without action or answer king h grant to the  corporation of dyer within London power to search c and if they find any cloth  die with logwood that the cloth shall be forfeit and it be adjudge that this  charter concern the forfeiture be against the law of the land and this statute  for no forfeiture can grow by letter patent no man ought to be put from his  livelihood without answer no man outlaw that be bar to have the benefit of the  law vide for the word the first part of the institute note to this word  utlagetur these word nisi per law terrae do refer of his liberty this word  freedom liberty have three signification first as it have be say it signify  the law of the realm in which respect this charter be call Charta freedom it  signify the freedom that the subject of England have for example the company  of the merchant tailor of England have power by their charter to make  ordinance make a ordinance that every brother of the same society shall put  the one half of his clothes to be dress by some clothworker free of the same  company upon pain to forfeit r S c and it be adjudge that this ordinance be  against law because it be against the liberty of the subject for every subject  have freedom to put his clothes to be dress by who he will such de like and so  it be if such or the like grant have be make by his letter patent liberty  signify the franchise and privilege which the subject have of the gift of the  king as the good and chattel of felon outlaw and the like or which the subject  claim by prescription as wreck waif stray and the like so likewise and for the  same reason if a grant be make to any man to have the sole make of card or the  sole deal with any other trade that grant be against the liberty and freedom  of the subject that before do or lawful may have use that trade and consequent  against this magnacarta general all monopoly be against this magnacarta  because they be against the liberty and freedom of the subject and against the  law of the land free custom of custom of the realm some be general and some  particular of these read in the first part of the institute and liberty add  for that the custom of England bring a freedom with they no man exile by the  law of the land no man can be exile or banish out of his native country but  either by authority of parliament or in case of abjuration for felony by the  commonlaw and so when our book or any record speak of exile or banishment  other then in case of abjuration it be to be intend to be do by authority of  parliament as Belknap and other judge c banish into Ireland this be a  beneficial law and be construe benign and therefore the king can send any  subject of England against his will to serve he out of this realm for that  shall be a exile and he shall to make away with native land no he can be send  against his will into Ireland to serve the king as his deputy there because it  be out of the realm of England for if the king may send he out of this realm  to any place then under pretence of service as ambassador or the like he may  send he into the further part of the world which be a exile be prohibit by  this Act and albeit it be accord in the Upper house of parliament year  Edward  nu that such learned man in the law as shall be send as justice or otherwise  to serve in Ireland shall have no excuse yet that be no Act of parliament it  do not bind the subject and this notable appear by a record in Edward sir  Richard Pembrughs case who be warden of the cinque post and have diverse  office annuity and land grant to he for life or in fee by the king under the  great seal pro slavery expense impendend the king command sir Richard to serve  he in Ireland as his deputy there which he absolute refuse whereupon the king  by advice of his Council seize all thing grant to he pro slavery impendend in  respect of that clause but he be not upon that resolution commit to prison as  by that record it appear and the reason be because his refusal be lawful and  if the refusal be lawful to serve in Ireland parcel of the king dominion a  strong a refusal be lawful to serve in any foreign country and it seem to I  that the say seizure be unlawful for pro slavery expense impendend must be  intend lawful service within the realm no man destroy c that be before judge  of life or limb disherit or put to torture or death the mirror write of the  ancient law of England say Soloient less roy fair droit a tout pereux you per  lour chief justice et over less faits less royes per lour justice commissary  errant assign a tout plead en aid de tiels eires font Tornes de viscount  necessary view de frankpl quant and bone gentle a tiels inquesls inditerent de  peche mortel soloient less royes to tear down sans response c accord be and  nul appelee ne enditee soit destroy sans response Thomas earl of Lancaster be  destroy that be adjudge to die as a traitor and put to death in Edward and a  record thereof make and Henry earl of Lancaster his brother and heir be  restore for two principal error in the proceed against the say Thomas earl  quoth non to be araniatus and an answer situation tempore peace eastern quoth  cancellar other curiae king fuer area free from obstacles in who law  of facio  unicuique prout fieri to become used quoth contra papyrus  de freedom come  speech Thomas to be One Parium great man royal power in how to hold together  and recite this chapter of great Charta and special quoth dominus king non  super the dawn to go nec mitter nisi per of judgment Parium of oneself yet per  record prediction tempore peace absq aranamento seu an answer seu of judgment  Parium of oneself contra law contra course great paper  he be put to death  more example of this kind may be show maxim every oppression against law by  colour of any usurp authority be a kind of destruction for when to some degree  to hold before to hold before all things  per quoth come to and mock and it be  the worst oppression that be do by colour of justice it be to be note that to  this verb to tear down be add to some place  modus and to no other verb in  this chapter and therefore all thing by any manner of mean tend to destruction  be prohibit as if a man be accuse or indict of treason or felony his land or  good can be grant to any no not so much as by promise nor any of his land or  good seize into the king hand before attainder for when a subject obtain a  promise of the forfeiture many time undue mean and more violent prosecution be  use for private lucre tend to destruction then the quiet and just proceed of  law will permit and the party ought to live of his own until attainder by  judgement of his peer by judgement of his peer only a lord of parliament of  England shall be try by his peer be lord of parliament and neither nobleman of  any other country nor other that be call lord and be no lord of parliament be  account pares peer within this statute who shall be say pares peer or equal  see before cap a per pares here note as be before say that this be to be  understand of the king suit for the word be nec super the dawn to go nec super  the dawn to cause to go nisi per of judgment Parium of oneself therefore for  example if a noble man be indict for murder he shall be try by his peer but if  a appeal be bring against he which be the suit of the party there he shall not  be try by his peer but by a ordinary jury of twelve man and that for two  reason first for that the appeal can be bring before the lord high steward of  England who be the only judge of nobleman in case of treason or felony second  this statute extend only to the king suit and it extend to the king suit in  case of treason or felony or of misprision of treason or felony or be  accessary to felony before or after and not to any other inferior offence also  it extend to the trial it self whereby he be to be convict but a nobleman be  to be indict of treason or felony or of misprision or be accessary to in case  of felony by a inquest under the degree of nobility the number of the noble  man that be to be triers be or more and a Peer of the realm may be indict of  treason or felony before commissioner of oier terminer or in the king bench if  the treason or felony be commit in the county where the king bench sit he also  may be indict of murder or manslaughter before the coroner c but if he be  indict in the king bench or the indictment remove thither the noble man may  plead his pardon there before the judge of the king bench and they have power  to allow it but he can confess the indictment or plead not guilty before the  judge of the king bench but before the lord steward and the reason of this  diversity that the trial or judgement must be before or by the lord steward  but the allowance of the pardon may be by the king bench be because that be  not within this statute if a noble man be indict and can be find process of  outlawry shall be award against he per law terrae and he shall be outlaw per  judgment a crowner but he shall be try per judgment Parium of oneself when he  appear and plead to issue by lawful judgement by this word of among other  three thing be imply that this manner of trial be by law before this statute  that their verdict must be legal give wherein principal it be to be observe  that the lord ought to hear no evidence but in the presence and hear of the  prisoner after the lord be go together to consider of the evidence they can  send to the high steward to ask the judge any question of law but in the hear  of the prisoner that he may hear whether the case be right put for de facto  law be born neither can the lord when they be go together send for the judge  to know any opinion in law but the high steward ought to demand it in court in  the hear of the prisoner when all the evidence be give by the king learned  Council the high steward can collect the evidence against the prisoner or in  any sort confer with the lord touch their evidence in the absence of the  prisoner but he ought to be call to it and all this be imply in this word of  and therefore it shall be necessary for all such prisoner after evidence give  against he and before he depart from the bar to require justice of the lord  steward and of the other lord that no question be demand by the lord or speech  or conference have by any with the lord but in open court in his presence and  hear or else he shall not take any advantage thereof after verdict and  judgement give but the handle thereof at large and of other thing concern this  matter belong to another treatise as before I have show only this may suffice  for the exposition of this statute see the part of the institute cap treason  and it be here call judgment Parium and not veredictum because the noble man  return and charge be not swear but give their judgement upon their honour and  allegiance to the king for so be all the entry of record separate beginning at  the puisne lord and so ascend upward and though of ancient time the lord and  peer of the realm use in parliament to give judgement in case of treason and  felony against those that be no lord of parliament yet at the suit of the lord  it be enact that albeit the lord and peer of the realm as judge of the  parliament in the presence of the king have take upon they to give judgement  in case of treason and felony of such as be no peer of the realm that  hereafter no peer shall be drive to give judgement on any other then on their  peer accord to the law this trial by peer be very ancient for I read that  William the conqueror in the beginning of his reign create William Fitzosberne  who be earl of Bretevil in Normandy earl of Hereford in England his son Roger  succeed he and be earl of Hereford who under colour of his sister marriage at  Erninge near Newmarket in Cambridge shire whereat many of the nobility and  other be assemble conspire with they to receive the Dane into England and to  depose William the conqueror who then be in Normandy from his kingdom of  England and to bring the same to effect he with other rise this treason be  reveal by one of the conspirator videlicet Walter earl of Huntingdon a English  man son of that great Syward earl of Northumberland for which treason this  Roger earl of Hereford be apprehend by Urse Tiptost then sheriff of Worcester  shire and after be try by his peer and find guilty of the treason per judgment  Parium of oneself but he live in prison all the day of his life you have hear  in the exposition of the chapter who be to be say peer somewhat be necessary  to be add thereunto it be provide by the statute of h that duchess countess  and baronesses shall be try by such peer as a noble man be a peer of the realm  ought to be which Act be make in declaration and affirmance of the commonlaw  for marquis and Vicountesses not nam in the Act shall be also try by their  peer and the queen be the king consort or dowager shall also be try in case of  treason per pares as queen whether   the wife of king Henry the eight be  boundary pasch year  Henry in the tower of London before the duke of Norff  then high steward if a woman that be noble by birth do marry under the degree  of nobility yet she shall be try by her peer but if she be noble by marriage  and marry under the degree of nobility she lose her dignity for as by marriage  it be gain so by marriage it be lose and she shall not be try by her peer if a  duchess by marriage do marry a baron she lose not her dignity for all degree  of nobility as have be say be pares if a queen dowager marry any of the  nobility or under that degree yet lose she not her dignity as Katherine queen  dowager of England marry Owen bee Meredith bee Theodore esquire and yet she by  the name of Katherine queen of England maintain a action of Detinew against  the bishop of Carlisle and the queen of navarra marry with Edmund the brother  of Edward sue for her dower by the name of queen of navarra and recover or by  the law of the land but by the law of the land for the true sense and  exposition of these word see the statute of Edward cap where the word by the  law of the land be render without due process of law for there it be say  though it be contain in the magnacarta that no man be take imprison or put out  of his free hold without wooer of the law that be by indictment of presentment  of good and lawful man where such deed be do in due manner or by writ original  of the commonlaw without be bring in to answer but by due wooer of the  commonlaw no man be put to answer without presentment before justice or thing  of record or by due wooer or by writ original accord to the old law of the  land wherein it be to be observe that this chapter be but declaratory of the  old law of England rot parliament e nu the case of sir John a lee the steward  of the king house by the law of the land I per law England and hereupon all  commission be ground wherein be this clause creation quoth and  the whole of the laws to stretch out secundum law experience England c and it  be not say law experience king England lest it may be think to bind the king  only nor poplar tree England lest it may be think to bind they only but that  the law may extend to all it be say per law terrae I England and apt it be say  in this Act per law terrae that be by the law of England for into those place  where the law of England run not other law be allow in many case and not  prohibit by this Act for example if any injury robbery felony or other offence  be do upon the high sea law terrae extend not to it therefore the admiral have  conusance thereof and may proceed accord to the Marine law by imprisonment of  the body and other proceed as have be allow by the law of the realm and so if  two English man do go into a foreign kingdom and fight there and the one  murder the other law terrae extend not hereunto but this offence shall be hear  and determine before the constable and martial and such proceed shall be there  by attach of the body and otherwise as the law and custom of that court have  be allow by the law of the realm against this ancient and fundamental law and  in the face thereof I find a Act of parliament make that as well justice of  assize as justice of peace without any find or presentment by the verdict of  twelve man upon a bear information for the king tofore they make shall have  full power and authority by their discretion to hear and determine all offence  and contempt commit or do by any person or person against the from ordinance  and effect of any statute make and not repeal c by colour of which Act make  this fundamental law it be not credible what horrible oppression and exaction  to the undo of infinite number of people be commit by sir Richard Empson  knight and Edm Dudley be justice of peace throughout England and upon this  unjust and injurious Act as common in like case it fall out a new office be  erect and they make matter of the king forfeiture but at the parliament hold  in the first year of Henry this Act of Henry be recite and make void and  repeal and the reason thereof be yield for that by force of the say Act it be  manifest know that many sinister and crafty feign and forge information have  be pursue against diverse of the king subject to their great damage and  wrongful vexation and the ill success hereof and the fearful end of these two  oppressor shall deter other from commit the like and shall admonish parliament  that in stead of this ordinary and precious trial per law terrae they bring  not in absolute and partial trial by discretion if one be suspect for any  crime be it treason felony c and the party be to be examine upon certain  interrogatory he may hear the interrogatory and take a reasonable time to  answer the same with deliberation as there the time of deliberation be ten  hour and the examinate if he will may put his answer in write and keep a copy  thereof and so it be resolve in parliament by the lord spiritual and temporal  in the case of justice Riehill see the record at large and the lord Carew be  examine for be privy to the plot for the escape of sir Walter raleigh attaint  of treason desire to have a copy of his examination and have it as per law  terrae he ought now here it be to be know in what case a man by the law of the  land may be take arrest attach or imprison in case of treason or felony before  presentment indictment c wherein it be to be understand that process of law be  two fold videlicet by the king Writ or by due proceed and warrant either in  deed or in law without Writ as first where there be any witness against the  to hit he may be take and arrest by lawful warrant and commit to prison when  treason and felony be commit and the common same and voice be that a be guilty  it be lawful for any man that suspect he to apprehend he a this same Bracton  describe well Fama who mistrust to lead in to arise debet at good grave non  indeed  enemy abusive side prophetic faith appropriate thing personas non  semel say often because clamour to make small defamatio make visible b so it  be of hue and cry and that be by the statute of Winchester which be but a  affirmance of the commonlaw likewise if a be suspect and be flee or hide  himself it be a good cause to arrest he c if treason or felony be do and one  have just cause of suspicion this be a good cause and warrant in law for he to  arrest any man but he must show in certainty the cause of his suspicion and  whether the suspicion be just or lawful shall be determine by the justice in a  action of false imprisonment bring by the party grieve or upon a habeas corpus  c a felony be do and one be pursue upon hue and cry that be not of ill fame  suspicious unknown nor indict he may be by a warrant in law attach and  imprison by the law of the land a watchman may arrest a night walker by a  warrant in law if a man wound another dangerous any man may arrest he by a  warrant in law until it may be know whether the party wound shall die thereof  or no if a man keep the company of a notorious thief whereby he be suspect c  it be a good cause and a warrant in law to arrest he if a affray be make to  the breach of the king peace any man may by a warrant in law restrain any of  the offender to the end the king peace may be keep but after the affray end  they can be arrest without a express warrant see now the statute of Phil mar  cap Phil mar cap now see that no man can be take arrest attach or imprison but  by due process of law and accord to the law of the land these conclusion  hereupon do follow first that a commitment by lawful warrant either in deed or  in law be account in law due process or proceed of law and by the law of the  land as well as by process by force of the king Writ that he or they which do  commit they have lawful authority that his warrant or mittimus be lawful and  that must be in write under his hand and seal the cause must be contain in the  warrant as for treason felony c or for suspicion of treason or felony c  otherwise if the mittimus contain no cause at all if the prisoner escape it be  no offence at all whereas if the mittimus contain the cause the escape be  treason or felony though he be not guilty of the offence and therefore for the  king benefit and that the prisoner may be the more safe keep the mittimus  ought to contain the cause the warrant or mittimus contain a lawful cause  ought to have a lawful conclusion videlicet and he safe to keep until he be  deliver by law c and not until the party commit do further order and this do  evident appear by the writ of habeas corpus both in the king bench and common  plea exchequer and chancery king viscount LondoA health to take beforehand  thou quoth corpus a b in custodian your detent ut to say One come cause  dertentionis of oneself quocunq nomin pillage a b to tax in the same to have  in person we at Westminster die Jupiter neighbor post Octabis S Martini and  subjiciend recipiend she who senate our men  de eoadtunc ibidem ordinary  to touch in here part hoc not at all to let go danger to lay oneself to have  there hoc breve testae Edward coke Nov year  royal power our men  this be the  usual from of the Writ of habeas corpus in the king bench vide mich Edward rot  in person king Kefars case under the testae of sir John Markham king viscount  LondoA health to take beforehand thou quoth to have in person justice our men   at Westminster die Jupiter neighbor post five the seventh Pasche corpus a b  wherever nomin to tax in prison your sub custodian your detent ut to say One  come die cause a deceiving detention the same ut the same justiciar our men   visa cause that beyond fieri fac quoth de jure secundum law experience  royal power our men  England foret faciend to have there hoc breve testae c  the like Writ be to be grant out of the chancery either in the time of the  term as in the king bench or in the vacation for the court of chancery be  officina the whole of the laws and be ever open and never adjourn so as the  subject be wrongful imprison may have justice for the liberty of his person as  well in the vacation time as in the term by these writ it manifest appear that  no man ought to be imprison but for some certain cause and these word and  subjiciend recipiend c prove that cause must be show for otherwise how can the  court take order therein accord to law and this do agree with that which be  say in the holy history without ration I to see to cause to go to bind in  prison cause he non to make signs but since we write there thing and pass over  to many other act of parliament see now the petition of right year  tertio  caroli king resolve in full parliament by the king the lord spiritual and  temporal and the Commons which have make a end of this question if any be  imprisonment do not only exrtend to false imprisonment and unjust but for  detain of the prisoner long then he ought where he be at the first law full  imprison if the king Writ come to the sheriff to deliver the prisoner if he  detain he this detain be a imprisonment against the law of the land if a man  be in prison a warrant can be make to the gaoler to deliver the prisoner to  the custody of any person unknown to the gaoler for two cause first for that  thereby the king Writ of habeas corpus or delivery may be prevent the mittimus  ought to be as have be say till he be deliver by law if the sheriff or gaoler  detain a prisoner in the gaol after his acquittal unless it be for his fee  this be false imprisonment in many case a man may be by the law of the land  take and imprison by force of the king Writ upon a suggestion make against  those that attempt to subvert and enervate the king law there lie a Writ to  the sheriff in nature of a commission and to take in hand impugnatores law  king and to lead eos and Gaolam de Newgate which you may read in the register  at large Ubisupra Andthisis lexterrae by process of law to take a man without  answer or summons in this case and the reason be deservedly kindness law  to send away who law self to turn upside down to stretch out if a soldier  after wage receive or press money take both absenthimself or depart from the  king service upon the certificate thereof of the captain into the chancery  there lie a Writ to the king sergeant at arm if the party be vagrant and hide  himself and to take in hand contraction prosiciscend in servility nostrum c  who and dictum servility nostrum venire non to care for and this be law terrae  by process of law pro defension king royal power or for the same cause a Writ  may be direct to the sheriff de arrestando Self who money To take back and  to set forward in servility king non be progress if a man have enter into  religion and be profess and after he depart from his house and become vagrant  in the country against the rule of his religion upon the certificate of the  abbot or prior thereof into the chancery a Writ shall be direct to the sheriff  de apostate to take in hand whereby he be command in these word  to take beforehand flute quoth a saying beforehand c without dilation arrestes  say beforehand advance abbot c book secundum maxim row Himself castigand and  this be law terrae by process of law in honerem reverence if any lie man with  force and strong hand do enter upon or keep the possession either of the  church or of any of the house or glebe c belong thereunto the incumbent upon  certificate thereof of the bishop or without certificate upon his own surmise  may have a Writ to the sheriff de way layman to move away by which the sheriff  be command in these word Pracipimus flute quoth all men  vim layman seu  type of arms who see tenet in dictam Ecclesia seu house the same fastening and  peace our men  in come tuo perturband fine dilation to move away si quos in  here part to stand back to come upon eos per corpora to sew attachias in  prison our men  salvo watch c and this be law terrae by process of law pro  pace church also a Writ of ne to go out kingdom may be award to the sheriff or  justice of peace or to both that a man of the church shall not depart the  realm the effect whereof be because datum be we to come to know quoth a b  clergyman versus part on the outside and quamplurima we quamplurima de  poplar tree our men  praejudicialia injurious ibidem prosequend transire  to put forth c flute to take beforehand quoth predict a b in person te  corporalite venire facias Self and sufficient manucaptores inveniend c et si  hoc in person te to make recusaveri tunc Self a b neighbor gaolae   To bring together salvo custodiend until what time hoc gratis to make volveri  and there be another Writ in the register direct to the party either of the  clergy or laity and this be law terrae by process of law pro good public king  et royal power whereof you may read more at large in the three part of the  institute cap fugitive upon a surmise that a man be a leper one that have  sickness elephantiacum so call because he have a skin like to a elephant there  may be a Writ direct to the sheriff because to take without effort quoth I de  n leper step forth inter man comitatus tui in common to turn around c and  grave damnum man pillage near contact  sickness pillage periculum palpable c  flute to take beforehand quoth assumpsit tecum some to separate of man de  comitat pillage non suspect c and Self I  to go to c examine c si Self leper  to come upon ut predict be tunc Self regarded with honor modus quo to be able  a communion man predict to move away see and locum hermit and habitand ibidem  prout custom be transfer facias indilate c and this be law terrae by process  of law for save of the people from contagion and infection but if any man by  colour of any authority where he have not any in that particular case arrest  or imprison any man or cause he to be arrest or imprison this be against this  Act and it be most hateful when it be do by countenance of justice king Edward  do incorporate the town of S Albon and grant to they to make ordinance c they  make a ordinance upon pain of imprisonment and it be adjudge to be against  this statute of great Charta so it be if such a ordinance have be contain in  the patent it self all commission that be consonant to this Act be as have be  say secundum law experience England a Commission be make under the great seal  to take I n a notorious felon and to seize his land and good this be resolve  to be against the law of the land unless he have be indict or appeal by the  party or by other due process of law it be enact if any man be arrest or  imprison against the from of this magnacarta that he be bring to his answer  and have right no man to be arrest or imprison contrary to the from of the  magnacarta see more of the several law allow within this land in the first  part of the institute sect the philosophical poet do notable describe the  damnable and dam edition Sheppard page n proceed of the judge of hell Gnosius  hic Radamanthus to have hard  regna Castigatque to hear trick to drive up  to confess and in another place law to fix price and to unfix first he punish  and then he hear and last compel to confess and make and mar law at his  pleasure like as the centurion in the holy history do to S Paul for the text  say centurion to seize little imposed see chain ligar tunc to ask quis to be  quid to make but good judge and justice abhor these course now it may be  demand if a man be take or commit to prison contra law terrae against the law  of the land what remedy have the party grieve to this it be answer first that  every Act of parliament make against any injury mischief or grievance do  either express or impliedly give a remedy to the party wrong or grieve as in  many of the chapter of this magnacarta appear and therefore he may have a  action ground upon this magnacarta as take one example for many and that in a  powerful and a late time pasch Henry in person king rot against the prior of S  Oswin in Northumberland and it be provide and declare by the statute of Edward  that any man feel himself grieve contrary to any article in any statute he  shall have present remedy in chancery that be by original Writ by force of the  say article and statute he may cause he to be indict upon this statute at the  king suit whereof you may see a precedent pasch Henry rot in person king rob  Sheffields case a he may have a habeas corpus out of the king bench or  chancery though there be no privilege c or in the court of common plead or  exchequer for any officer or privilege person there upon which Writ the gaoler  must return by who he be commit and the cause of his imprisonment and if it  appear that his imprisonment be just and lawful he shall be remand to the  former gaoler but if it shall appear to the court that he be imprison against  the law of the land they ought by force of this statute to deliver he if it be  doubtful and under consideration he may be bail in Edward in person king rot  John caesars case a notable record and too long here to be recite Elizabeth  rot Leas case in Elizabeth dier Scrogs case in Elizabeth dier Roland hind case  in margin he may have a action of false imprisonment Henry fol but it be enter  in the court of common plead mich Henry rot hilary warners case and it appear  by the record that judgement be give for the plaintiff a record worthy of  observation b he may have a Writ de a human being replegiando vide marlebridge  cap c he may by the commonlaw have have a Writ de hatred  atia as you may see  before cap but that be take away by statute but now be revive again by the  statute of Edward cap as there it also appear it be say ind wonder say ne  hujusmodi appellee well to dictate day to hold off in prison to have breve de  hatred  atia as in great Charta other statute dict be and by the say Act of  Edward all statute make against great Charta be repeal we will sell to no man  c e this be speak in the person of the king who in judgement of law in all his  court of justice be present and repeat these word no one vendem c and  therefore every subject of this realm for injury do to he in good terris well  mask by any other subject be he ecclesiastical or temporal free or bind man or  woman old or young or be he outlaw excommunicate or any other without  exception may take his remedy by the course of the law and have justice and  right for the injury do to he free without sale full without any denial and  speedy without delay hereby it appear that justice must have three quality it  must be Libera because nothing uneven of selling Justitia full because  Justitia non debet to limp knights  because adjournment be quaedam denial and  then it be both justice and right we will not deny or defer c these word have  be excellent expound by latter act of parliament that by no mean common right  or commonlaw shall be disturb or delay no though it be command under the great  seal or privy seal order writ letter message or commandment whatsoever either  from the king or any other and that the justice shall proceed as if no such  writ letter order message or other commandment be come to they judgment   To give back per defaltum affirma non to stand before breve king de  progatione judgment that the commonlawes of the realm shall by no mean be  delay for the law be the sure sanctuary that a man can take and the strong  fortress to protect the weak of all law be to look at cassis and sub  round shield  law nemo cheat but the king may stay his own suit as a capias  pro fine for the king may respite his fine and the like all protection that be  not legal which appear not in the register nor warrant by our book be express  against this branch no one to carry apart as a protection under the great seal  grant to any man direct to the sheriff c and command they that they shall not  arrest he during a certain time at any other man suit which have word in it  per tribe which voted first our men  how  not be arguend  yetsuchprotectionshave be argue by the judge accord to their oath and duty and  adjudge to be void as mich Henry rot a protection grant to Holmes a vinter of  London his factor servant and deputy c resolve to be against law pasch h rot  such a protection disallow and the sheriff amerce for not execute the Writ  mich Elizabeth in Hitchcocks case and many other of latter time and there be a  notable record of ancient time in Edward John de Mershalls case non  to stretch out and viscount de protection king to fine no indeed  and senate  justice or right we shall not sell deny or delay justice and right  the whole of the laws well rectum neither the end which be justice nor the  mean whereby we may attain to the end and that be the law rectum right be take  here for law in the same sense that law often be so call because it be the  right line whereby justice distributative be guide and direct and therefore  all the commission of oier and terminer of goal delivery of the peace c have  this clause creation quoth and the whole of the laws to stretch out secundum  law and consuetudenem England that be to do justice and right accord to the  rule of the law and custom of England and that which be call common right in  Edward be call commonlaw in Edward c in this sense it be take where it be say  ita quoth stet recto in senate I law in senate the law be call rectum because  it discover that which be tort crooked or wrong for as right signify law so  tort crooked or wrong signify injury and in an unjust manner be contra law  against right virtue linea be index Himself athwart hereby the crooked cord of  that which be call discretion appear to be unlawful unless you take it as it  ought to be separation be to separate per law quid sit justice it be call  right because it be the best birth right the subject have for thereby his good  land wife child his body life honour and estimation be protect from injury and  wrong major inheritance go for sale unicuiq nostrum a jure law how a parent  last rectum be sometime take for the right it self that a man have by law to  land as when in so by there lie breve de recto in so much that some old reader  have suppose that rectum in this chapter will be understand of a writ of right  for which at this day no fine in the hamper be pay as the goldfiner will not  out of the dust thread or shred of gold let pass the least crumb in respect of  the excellency of the metal so ought not the learned reader to let pass any  syllable of this law in respect of the excellency of the matter