Constitutional History of England, Henry VII to George II. Volume 1 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 1 of 3
Hallam, Henry
Constitutional history -- Great Britain
_Remonstrance of judges against them._--"To the Rt. Hon. our very good
lords Sir Chr. Hatton, of the honourable order of the garter knight, and
chancellor of England, and Sir W. Cecill of the hon. order of the garter
knight, Lord Burleigh, lord high treasurer of England,--We her majesty's
justices, of both benches, and barons of the exchequer, do desire your
lordships that by your good means such order may be taken that her
highness's subjects may not be committed or detained in prison, by
commandment of any nobleman or counsellor, against the laws of the
realm, to the grievous charges and oppression of her majesty's said
subjects: Or else help us to have access to her majesty, to be suitors
unto her highness for the same; for divers have been imprisoned for
suing ordinary actions, and suits at the common law, until they will
leave the same, or against their wills put their matter to order,
although some time it be after judgment and accusation.
"Item: Others have been committed and detained in prison upon such
commandment against the law; and upon the queen's writ in that behalf,
no cause sufficient hath been certified or returned.
"Item: Some of the parties so committed and detained in prison after
they have, by the queen's writ, been lawfully discharged in court, have
been eftsoones recommitted to prison in secret places, and not in common
and ordinary known prisons, as the Marshalsea, Fleet, King's Bench,
Gatehouse, nor the custodie of any sheriff, so as upon complaint made
for their delivery, the queen's court cannot learn to whom to award her
majesty's writ, without which justice cannot be done.
"Item: Divers serjeants of London and officers have been many times
committed to prison for lawful execution of her majesty's writs out of
the King's Bench, Common Pleas, and other courts, to their great charges
and oppression, whereby they are put in such fear as they dare not
execute the queen's process.
"Item: Divers have been sent for by pursuivants for private causes, some
of them dwelling far distant from London, and compelled to pay to the
pursuivants great sums of money against the law, and have been committed
to prison till they would release the lawful benefit of their suits,
judgments, or executions for remedie, in which behalf we are almost
daily called upon to minister justice according to law, whereunto we are
bound by our office and oath.
"And whereas it pleased your lordships to will divers of us to set down
when a prisoner sent to custody by her majesty, her council, or some one
or two of them, is to be detained in prison, and not to be delivered by
her majesty's courts or judges:
"We think that, if any person shall be committed by her majesty's
special commandment, or by order from the council-board, or for treason
touching her majesty's person (a word of five letters follows, illegible
to me), which causes being generally returned into any court, is good
cause for the same court to leave the person committed in custody.
Public-domain text, read in full here on John Shaqi.
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