Practical Law Controlling and Countermanding the Common Law
The source for this document is https://quod.lib.umich.edu/e/eebo/A25647.0001.001
Project Note
This is licensed under Creative Commons CC BY-NC-ND. This license allows reusers to copy and distribute the material in any medium or format in unadapted form only, for noncommercial purposes only, and only so long as attribution is given to the creator.
The source of this document is the Early English Books Online (EEBO-TCP) website. Those books were transcribed in a character for character manner and can be very cumbersome to read since there was no standard spelling during that time. Many spelling variations such as "unlesse", "vnlesse", and "vnles" regularly appear.
This project was conceived to clean up those books as much as possible and make them more accessible to the interested reader, leading to the creation of a massive list of variant spellings and their corrections. This was used to clean up the text, but is of course only as complete as the list itself. Because of the nature of the original transcription, some words have missing characters or places where the original language (e.g., Greek) was not transcribed. This effort does not change that. Be aware that the original transcription can also be faulty and in some cases entire sentences may be missing.
Although this is no substitute for a properly compared, proofed, and scholarly edition, I believe that the result is a document which is far more accessible, particularly for searching for terms using standard spelling. The document has been cleaned and presented in what I hope is a pleasing and useful format for the vast majority of Christian brothers and sisters who just want access to read these spiritually nourishing works.
However, a word of warning: The Puritans were a very diverse group of people and their age was characterized with godliness, but also much upheaval, disputation and strife. They disagreed on many doctrines and some of these works contain less orthodox or Scriptural views than others. The reader is strongly advised to read with discernment, particularly if it is unknown whether author is trustworthy.
This project took a huge amount of time and skill to bring to fruition. I would particularly like to thank David Jonescue for the initial list of Puritans he found on EEBO and the concept behind this project as well as the continuous, unceasing efforts toward seeing this complete. Without his labor, this would not be available. Alex Sarrouf was invaluable in providing the initial list of over 7,000 spelling variations he had identified and corrected, as well as continuing to review more than 16,000 additions to that list for any typos.
Logan West
(with David Jonescue and Alex Sarrouf)
www.puritansearch.org
PRACTICALL LAW, Controlling and countermanding The Common Law: AND The Sword of War the Sword of Justice.
Against all the late Declarations and publications of the Army, That they fight for the Peoples Liberties and Laws.
Printed at Exeter 1648.
The Preface.
THe strange and unparalleled insolency of the General and Council of War, in presuming to grant Injunctions to stay Suits and proceedings at Common Law, against Malignant Cavaliers, who have plundered them of all their estates, under pretext of Exeter Articles, &c. which they presume extend to all Malignant Constables, and others who have plundered and imprisoned the Parliaments best friends by their commands, though not within the minds nor intent of the Articles, and to enjoin them to come before the Council of War, 200. or 300. miles to show cause why they should not surcease their Actions against these plunderers, and release their just judgment against them, and presuming to evince the Judges, Attourneyes, and others, not to proceed in such trials: a more higher and tyrannical power then ever the Council-Table exhausted, so that all the Kingdom must now be ruled, and the Common-Law of the Land it self over-ruled and staid by the Marshall Law, to the undoing of the Parliaments best friends, and rejoicing of Malignants, who enjoy their plunder and estates without recompense.
Practical Law controlling and countermanding the Common-Law, and the Sword of War the Sword of JUSTICE.
WHereas Sir Richard Vyvyan of Tresewarren in the County of Cornwall Knight and Baronet, hath petitioned his Excellency Sir Thomas Fairfax, that Edward Anthony of the City of Exeter Goldsmith, hath sued and impleaded him the said Sir Richard Vyvyan, contrary to the Articles of the said City of Exeter, within which the said Sir Richard Vyvyan is comprised: the General to the end he might be satisfied of the truth of the particulars of the said Petition, referred the same to the Examination of the officers of his Army, who at a public meeting, and upon a full Examination, found every particular in the said Commission to be very clearly and punctually proved to be true, that Sir Richard Vyvyan was Master of His Majesty's Mint in the City of Exeter by Commission of his Majesty, that he is comprised within the said Articles of Exon, and by which he is to be indempnified for matters relating to the late differences between his Majesty and the Parliament, and that the said Edward Anthony hath sued and impleaded him the said Sir Richard Vyvyan for Plate sent unto the said Mint for his Majesty's use by Sir John Berkly Knight, then Governor of the said City of Exeter, and hath recovered by Verdict against him the said Sir Richard Vyvyan, two hundred ninety one pound three shillings damages, besides costs. Now forasmuch as they the said Officers have thereupon certified the General the premisses to be true, and that the said Action and Verdict and all proceedings thereon are against the Articles of Exeter, and therefore are of opinion, and desire the General to command the Judge Advocate to take care that the said Edward Anthony do forthwith reveal, or otherways discharge him the said Sir Richard Vyvyan of and from the said Action, Verdict and all proceedings thereon, or in default thereof to appear at the Head Quarters to show a good cause to the contrary, and that all further proceeding be staid in the mean while by the said Edward Anthony and his Attorneys; These are therefore to desire and require the same Edward Anthony immediately upon sight hereof to release and discharge the same Sir Richard Vyvyan of and from the said Action and Verdict of 291. l. 3. s. damages and costs of Suit, and all proceedings thereon, or otherwise appear at the Head-Quarters on Monday the 6. day of March next coming, by nine of the clock in the forenoon, to show good cause to the contrary, and all Attourneyes and Solicitours are to take notice hereof, that there be no further proceedings in the said Suit in the mean while, or to show cause to the contrary: Whereof they and every of them are not to fail.
Who will ever adhere to, or act, or suffer for the Parliament hereafter, or contribute towards the Army, if they must be thus requited for all their losses, and made the very scorn and derision both of their enemies and friends? O heavens blush at this impious ingratitude.
To his Excellency Sir Thomas Fairfax Knight, General of the Parliaments Forces by Sea and Land.
The most humble Petition of John Collacot the elder, of the Parish of Shebber within the County of Devon.
Humbly showeth,
THat your Petitioner being Constable during some part of the times of these unhappy differences betwixt His Majesty and the Parliament, was in the time of his being Constable particularly commanded by the Warrants annexed, to be assisting unto Captain Yeo: in the apprehending of John Perryn senior.
That he was commanded by the said Yeo: and compelled by Thomas Hewes Provost Marshall and his Troopers, to attend the said Captain Yeo: in the execution of the said Warrants, which he durst not refuse, the Kings party being then prevalent in the Country.
That for this cause only the said Perryn hath commenced a Suit at Law against your Petitioner, which will come to trial this Assizes to the Petitioners utter ruin, the Articles of Exeter (in which your Petitioner is comprehended) being not pleadable at Law, unless your Excellencies accustomed goodness be extended for his relief herein, which is according to your Excellencies engagement upon the rendering the said Garrison.
That the said Captain Yroman is comprised within the Articles of Exon, as appeareth by your Excellencies Certificate annexed, and hath made his Composition at Goldsmiths-hall, for his said Delinquency, within the eour months mentioned in the said Articles, as appeareth by Certificate ready to be produced.
The Petitioner therefore beseecheth your Excellency, that he may have the benefit of the said Articles of Exon, he acting by and under the command of the said Captain Yeo: who hath compounded: And that your Honor would be pleased to give command for the stay of all proceedings at Law against the Petitioner.
And your Petitioners shall ever pray, &c.
Queen-street, March 8. 1647.
If this Petition be true, I desire the Judge to take care that the Articles of Exon be made good to the Petitioner, and that the parties complained of de forbear further proceedings at Law, or show cause to the Court Marshall to the contrary.
T. Fairfax
Whereas John Collacot the elder of the Parish of Shebber in the County of Devon being a Constable in some part of the times of these unhappy differences, was in that time particularly commanded by Capt. Yeo, a Commander in the Kings Army, to be assisting unto him in the execution of a Warrant from Col. Sir John Berkley Governor of Exon for the apprehending John Perryn the Elder and others, which accordingly he did. That the said Captain Yeo: was a person comprised within the Articles of Exon, and hath made his Composition at Goldsmiths-hall: That the said Collacot is sued at Law by the said Perryn for apprehending him as aforesaid, which is contrary to the twelfth Article of Exon, the said Collacot having done nothing but by the procurement of the said Capt. Yeo: all which particulars being proved before me to be true: These ari therefore to require the said Perryn within one and twenty days next after sight hereof, personally to appear before the Court Marshall of his Ecellency Sir Thomas Fairfax, wheresoever the same is or shall be held to show cause why the said Collocot should not have the benefit of the said Articles, or else discharge or release the said Collacot of his said Action, and in the mean time, there be no further proceedings at Law, and all Attorneys, Solicitours, and others whom it doth concern, are required to take notice hereof, the honor of his Excellency Sir Thomas Fairfax and Army being so much concerned, for making good the said Articles.
at White-hall this 13. of March, 1647.
Copia Vera.Henry Whalley Advocate.
Captain Yeo: is authorized to make diligent search and apprehend John Perryn the elder, John and Richard Perryn his sons, Mathusala Bligh, Philip Kingford, Robert Martin and James Slowman of the parish of Holsworthy, John Coals and James Hobs of Milton Damrell, John Hearding of Shebber, Thomas Wellington of great Torrington and John Markeham of Littleham, and to bring them into safe custody, or cause them to be brought to the Provost Marshall of the City of Exon, there to remain in safe custody until they and every of them shall answer all such matters as shall be objected against them and every of them, and Thomas Hewes the Marshall of the North Division of the said County of Devon, and the Constables of Shebber with all other his Majesty's Officers and loving Subjects within the said County, are straightly charged and commanded to be aiding and assisting unto the said Captain Yeo: in the due execution hereof, wherein they and every of them are not to fail, as they will answer the contrary at their utmost perils.
at Betford-house in Exon the 6. of March, 1643.
Vera Copia R. H.
John Berkley.