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<CHANGE>
<DATE>2014-08-13</DATE>
<RESPSTMT>
<NAME>TCP Staff (Michigan)</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Proofed and reviewed as part of batch B140614.apex.</ITEM>
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<IDG S="marc" R="UM" ID="A93003">
<STC T="W">S2808A</STC>
<STC T="C">R183771</STC>
<BIBNO T="oclc">45578444</BIBNO>
<VID>172360</VID>
</IDG>
<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P><HI>SEVERALL</HI> REASONS Wherefore the INHABITANTS OF THE COUNTY PALATINE OF CHESTER and LANCASTER; <HI>AS ALSO,</HI> All Forreigners are now prejudiced and tyrannized over, by rea&s;on of the pretended Priviledges and Liberties of the &s;aid COUNTY.</P>
<P>So that the condition of the &s;aid County is farre more mi&s;erable, and in greater thraldome, then any other County what&s;oever in the KINGDOME.</P>
<P><HI>London,</HI> Printed for <HI>E. E.</HI> according to Order, <HI>Anno Dom.</HI> 1646.</P>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="text">
<PB REF="2">
<PB N="1" REF="2">
<HEAD>REASONS wherefore the Inhabitants of the County Palatine of <HI>Che&s;ter,</HI> and <HI>Lanca&s;hire;</HI> as al&s;o all Forreigners, are now prejudiced and tyrannized over, by rea&s;on of the pretended priviledges and liberties of the &s;aid <HI>County.</HI></HEAD>
<P>IN &s;ilence to pretermit how the Earl of <HI>Che&s;ter</HI> was fir&s;t created, and how the Prince of <HI>Wales</HI> became Earle of <HI>Che&s;ter,</HI> though it might conduce to the &s;atisfaction of &s;ome; I &s;hall only touch the late proceedings u&s;ually had in the &s;aid County, as it was regulated by the late Earl of <HI>Derby,</HI> and <HI>James</HI> then Lord <HI>Strange&punc;</HI> &s;ince Earl, being Chamberlain for the County Palatine of <HI>Che&s;ter,</HI> and the &s;u|pream Judge of the Court of <HI>Exchequer</HI> there, who exerci&s;ed an unlimitted, independent, tyrannicall, and arbitrary power of Judicature, which was a great means, to inable, to cau&s;e &s;o great a Power again&s;t this pre&s;ent <HI>Parliament.</HI></P>
<P>The Court of Exchequer at <HI>Che&s;ter</HI> was only, till of late years, a Court of Revenue for the Earles Revenue, and in the nature of a Cur&s;itors office, for the making only of the originall Writs of that County returnable before the chief Ju&s;tice of <HI>Che&s;ter.</HI> All matters equitable being tran&s;acted before the Councell at <HI>Ludlow.</HI></P>
<PB N="2" REF="3">
<P><HI>Eliz.</HI> Whereas in the Earl of <HI>Liece&s;ters</HI> time it was concei|ved to be not only an honour to the Chamberlain of the &s;aid Count<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">, but then was it al&s;o propounded to the Inhabitants, to have ea&s;e at their own doors. But Time the be&s;t tryer of truths and fal&s;ities hath made the contrary to appear, through the <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">|&s;urpation of Officers and Mini&s;ters.</P>
<P>Who have been the Officers and Mini&s;ters, have been too well known to &s;ome; as al&s;o, what ob&s;tructions of Ju&s;tice in &s;everall kinds and re&s;pects, and by whom occa&s;ioned, although the granting and denying, <HI>ad libitum,</HI> to pa&s;&s;e &s;uch u&s;uall and ordinary Writs, <HI>Sub Sigil. Com. Pal.</HI> which <HI>ex officio</HI> ought, and <HI>de jure</HI> ought not, nor ever were refu&s;ed to pa&s;&s;e under the great Seal of <HI>England,</HI> is partly an evident Character of more inju|&s;tice there then el&s;e-where.</P>
<P>That it was very hard to obtain Ju&s;tice there, if a man were either Forreigner or Inhabitant, and had any cau&s;e again&s;t any that were <HI>amici Curiae,</HI> or had the lea&s;t dependency upon any &s;uch; neither was there any remedy for any &s;uch, in regard there was no Appeal to any of the Courts at <HI>We&s;tmin&s;ter,</HI> but to the <HI>High Court of Parliament;</HI> &s;o that the &s;uffering Party was remedile&s;&s;e, which was well known to the pro&s;ecuting Party, which animated them in their exorbitant cour&s;es, e&s;pe|cially living <HI>procul&aacute; Jove,</HI> they apprehended them&s;elves <HI>pro<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">t &agrave;+fulmine.</HI></P>
<P>Multitudes of Suits were occa&s;ioned, by rea&s;on of the neer|ne&s;&s;e of the Court of Exchequer, twice as many as any other County not Palatinate, the charge greater then in any of the Courts at <HI>We&s;tmin&s;ter,</HI> by rea&s;on of the parties them&s;elves at|tending, and the dayly motion of the Court fitting, and every day occa&s;ioning variety of cro&s;&s;e and di&s;ordered Orders, the Attornies and Officers ever re&s;iding in the City, and there be|ing no common Sollicitors, the fir&s;t Proce&s;&s;e being twice as dear as in his Highne&s;&s;e Court of Chancery, every proceeding by motions and orders, without genera<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">l rule, be&s;ides&punc; the going and &s;ending for the &s;ame to <HI>Che&s;ter,</HI> occa&s;ioned twice as great expences as the Proce&s;&s;e.</P>
<P>That all Obligations, Specia<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ties &amp; other matters tryable at the common
<PB N="3" REF="3"> Law are determinable in the &s;aid Court, &s;o that the Sub|jects and Inhabitants have little u&s;age of the Law; neither is the &s;ame &s;carcely known unto them, by rea&s;on that every Acti|on of any value which is fir&s;t brought at the common Law; for the amendi<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">g whereof, every one de&s;ireth to begin there fir&s;t.</P>
<P>That the proceedings at the common Law there are <HI>ob&s;olet<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"></HI> almo&s;t, by rea&s;on that there are but A&s;&s;izes twice in the yeare, and every Proce&s;&s;e returnable from one A&s;&s;ize to another, in ca&s;e they be Writs <HI>ad re&s;pondendum,</HI> a Forreiner though never &s;o good a Sollicitor in the Courts at <HI>Westmin&s;ter,</HI> mu&s;t begin to learn his <HI>A&punc; b&punc; c.</HI> when he hath any occa&s;ion there.</P>
<P>That for not appearing upon a <HI>Sub-pana</HI> in the &s;aid Court of Exchequer, they proceed to Seque&s;tration of the E&s;tates both of the Inhabitants there, and of &s;uch as live in <HI>London,</HI> or in any other County, if they have E&s;tates there; albeit their oc|ca&s;ions will not admit their &s;peedy appearance, and that within one Moneth.</P>
<P>That if any one, for any tran&s;itory cau&s;e, and doubting of Ju|&s;tice, there being not <HI>amicus Cur.</HI> (&s;ome of the Officers not re&s;|&s;enting him) &s;hould &s;ue any Inhabitant in any of his Maj. Cour<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">s at <HI>We&s;tmin&s;ter,</HI> pre&s;ently a Writ <HI>pro fractione Libertat&punc; Com. Pal. Ce&s;tr&punc;</HI> never read of in <HI>Fitz-Herberts Natura brevium,</HI> or el&s;e|where, i&s;&s;ueth forth; whereupon the party is attached without either Bayle or Mainprize to the Court, and there forthwith enters into Recognizance with &s;ufficient Sureties not to proceed el&s;e-where to &s;tand to the Order of the Court, and not to de|part without Licence, and then he mu&s;t be examined upon <HI>In|terogatories</HI> touching the breach of the &s;aid pretended liberties, and &s;hall hardly get advice of any Councell, Attorney, or Offi|cer belonging to the &s;aid Court, in regard he is conceived to be <HI>inimicus Cur.</HI> Better by farre was it in the Star-Chamber.</P>
<P>Another kind of an Attachment not u&s;ed in any Court of Chan|ry, being of the price of 9. s. which was u&s;ually granted upon the oath of any one who did believe that the Defendant would not &s;tand to the Order of the Court; and upon this, Forreigners as well as Inhabitants, who had commenced no &s;uit in any of
<PB N="4" REF="4"> the Courts at <HI>We&s;tmin&s;ter,</HI> where none but &s;ufficient Inhabi|tants would &s;erve, &s;o that for the mo&s;t part, Strangers were co~|pelled to make their compo&s;itions on any conditions almo&s;t.</P>
<P>That if any <HI>Londoner</HI> or other <HI>Forreigner</HI> &s;hould happen to &s;ue any of the Inhabitants within the &s;aid County, in any of the Courts at <HI>We&s;tmin&s;ter,</HI> and &s;hould afterwards come into the County about the execution of any Proce&s;&s;e, Order, or other oc|ca&s;ion, then pre&s;ently an Attachment <HI>pro fractione liberta<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">.</HI> mu&s;t be executed upon him, and he either enforced to lo&s;e his Debt, make &s;ome unju&s;t compo&s;ition, or be &s;ent to the Ca&s;tle, unle&s;&s;e he had better credit and friends then u&s;ually &s;trangers found there.</P>
<P>In like manner have been attached Councellors, Attornies, &amp; Sollicitors, for being Agents for their Clyents in the Courts at <HI>Westminster,</HI> coming accidentally into the Country, the Coun|ty Palatine of <HI>Lanca&s;ter,</HI> although having the &s;ame priviledges, <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ever claimed the like.</P>
<P>Every common Proce&s;&s;e i&s;&s;uing out of the Courts at <HI>We&s;t|min&s;ter,</HI> which pa&s;&s;eth the County-Palatine Seale, co&s;teth 5. s. &amp; to the Attorney there 1. s. 8. d. every judicial or &s;peciall Writ 9. s. be&s;ides the Attornies Fee; otherwi&s;e, the party may wait: the Sheriffe for his Warrant will have 6. s. 8. d. to the Bayliffe of the Hundred 13. s. 4. d. to &s;peciall Bayliffs be&s;ides his Poun|dage, if an Execution; be&s;ides the great trouble and charge in attending upon the Chamberlains-Officer, and Sheriffe.</P>
<P>Not one Writ of a hundred executed, after all labour and co&s;t, for that no per&s;on of quality living there, and indebted, but was in fee with &s;ome Attornie or Officer there, who gave him notice of the &s;ame, whereby both Sheriffe, Bayliffe, and Party were prevented.</P>
<P>That by rea&s;on thereof, there are few E&s;tates in <HI>Che&s;hire,</HI> which are not incumbred with Statutes, Judgments, and Re|cognizances, very few being di&s;charged, that &s;ecurity from the per&s;on, or Lands of the be&s;t Gentlemen in <HI>Che&s;hire,</HI> is accoun|ted bad &s;ecurity here in <HI>London,</HI> among&s;t either <HI>Citizen, Scrive|ner,</HI> or <HI>Broker.</HI></P>
<P>That the Inhabitants of the County have not only been de|prived
<PB N="5" REF="4"> of the benefit of the common Law, but al&s;o are exemp|ted <HI>from the priviledge of divers Statute-Lawes,</HI> A little Vo|lume will not contain the abu&s;es and intollerable &s;ufferings, occa&s;ioned by the &s;aid County-Palatine.</P>
<P>Let the &s;ame come to &s;olemn debate, and there will be found nothing but generall inconveniences, only &s;ome private accom|modation, giving principall Officers liberty to plea&s;ure their friends, and tyrannize over the re&s;t.</P>
<P>If Counties-Palatine were conceived to be priviledge for the Inhabitants, It is to be wondred why in the&s;e times of liberty other Counties do not petition for the &s;ame, other Counties e|qually de&s;erving them, and mo&s;t de&s;iring immunities.</P>
<P>If the Sheriffe of the County do neglect to do his office, or return his Writs, there is no remedy for the puni&s;hing of him, becau&s;e he is the Mini&s;ter to the Chamberlain, and to make his returns to him, and not to any of the Courts of <HI>Kings-Bench,</HI> or <HI>Common-Pleas.</HI> And what remedy there was again&s;t, the Earl of <HI>Derby</HI> who was <HI>Chamberlain,</HI> I leave it to tho&s;e who have had experience therein.</P>
<P>What benefit can redound to a Kingdome governed by one Law, regulated by o<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">e Parliament to have Counties Palatine, and to have <HI>Jura regalia,</HI> rather <HI>illegalia &amp; &s;clo diademate di&s;pa|ria,</HI> and to be bound up in a little corner, that upon any occa&s;i|on that any one hath with any of the Inhabitants of the Co&punc; he mu&s;t go &s;eek into the County Palatine, where he &s;hall be more &s;trange to their Lawes, which they call Liberties of the County, then he is to their per&s;ons, and hath no remedy to help him&s;elf, if injured.</P>
<P><HI>Germany</HI> hath ta&s;ted &s;ufficiently of the mi&s;eries which Duke|doms Principalities have occa&s;ioned. <HI>Ireland</HI> hath felt &s;ome &s;mart by their County Palatines. &amp; <HI>England</HI> had a fair e&s;cape from the power of the late Earl of <HI>Derby,</HI> who gathered his Forces out of the Counties Palatine of <HI>Lancaster</HI> and <HI>Che&s;ter&punc; Scotland</HI> is very &s;en&s;ible of the grand inconveniences, occa&s;ioned by their hereditary Sheriffes, which hath cau&s;ed many Princi|palities, ever de&s;tructive to States and Common-wealths. Before any further Ordinance be made for the confirmation of any.
<PB N="6" REF="5"> County Palatine, it were not impertinent, that the Judges might examine the &s;everall abu&s;es, and certifie the Parliament, that &s;o no County might bee inthralled for any particular re&s;pects what&s;oever.</P>
<P>The grande&s;t liberty of the Subject in their election of their Knight of the County, and Burge&s;&s;es for the City of <HI>Che&s;ter,</HI> hath received &s;uch oppo&s;ition, as the like in no County, where|as the pretence only hath been for want of a Chamberlain; So that in the ab&s;ence of that ever honoured Sir <HI>William Brereton,</HI> there hath not been any &s;ince the beginning of the&s;e differences&punc; to repre&s;ent the &s;tate and condition of that county. The Judges ride their Circuits far further, even to <HI>Lanca&s;ter,</HI> And yet by what fate is not known to every one that is exempted.</P>
<P>The &s;tate of the County Palatine of <HI>Lanca&s;ter</HI> hath been &s;ome little better.</P>
<P>Every one inthralled or tyrannized upon at this in&s;tant, ex|pecteth liberty and freedome&punc; And &s;o do the Inhabitants of the County Palatines of <HI>Lanca<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ter</HI> and <HI>Che&s;ter,</HI> who have been in &s;eruitude &amp; &s;lavery ever &s;ince they were made Palatinates. The Subjects al&s;o of the three Kingdomes expect to have Ju&s;tice there, as el&s;e-where, from which they have <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> barred.</P>
<P>None but Officers de&s;ire the continuance thereof, they may be di&s;cerned by their daily &s;ollicitations, and daily attendance upon the Hou&s;es of Patliament.</P>
<CLOSER>Faxit Deus ut curet haec Parliamentum.</CLOSER>
<TRAILER>FINIS.</TRAILER>
</DIV1>
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