AS it is ſayd of Tenures, That all Eſtates are held mediatly, or immediatly from the King, or Supream Magiſtrate: So it may in as appoſite a Senſe be affirmed of Judicatory power, that all Juriſdiction is ſubordinate to the Supream Authority: There is and ought to be in one and the ſame Common-wealth, or Empire; a certain Scale of Judicatory continued in an orderly concatenation of Superiority and Inferiority, until there be at laſt a concentration of all in that ultimate Right of Soveraignty; He that ſhall contradict this Subordination of Powers, ſeems in my judgment equally obnoxious unto cenſure, as thoſe that ſhall maintain that there ought to be no order or degree amongſt particular men, all power is either Ordinary and Originall or delegated, and without peradventure the power delegate ought to be dependent upon that from which it is deduced: to pretend authority in the lower Spheares of delegated Juriſdiction, that ſhall be unreſponſall to the higher is little better then a criminall and contemptuous arrogance, which truly I can call no leſſe then a degree of Deniall to the Supremacy it ſelfe: that the Summa poteſtas ſhould be ſecured with this Life-gard Maxime of Policy, Immunity of puniſhment and unqueſtionablneſs for Error: I would readily allow as conceiving it rationall and agreeable to the rules of the Government, for there muſt be a ſons Juſtitiae a Dennier reſort upon whoſe determination all litigant and diſſenting parties muſt quietly ſit down and acquieſce. But to ſet up particular inferior Magiſtrates, of what condition ſoever in ſuch Paramount Stations as to be exempt from the benefit of appeals, as it is a ſolaeciſme in Government without Preſident, ſo would it tend to nothing but to gratifie the ſupercillious minds of corrupt and ambitious men: and conſequently ſet up ſo many Exorbitant Dictators in the place of Judges who may exerciſe their Arbitrary wills and tyrannies, and grind the faces of the people, cum privilegio.

'Twere to be wiſhed that all ſuch as are reall freinds and relate to that Juriſdiction of Wales would addreſſe themſelves to thoſe that ſit in Judicature in the Welſh Counties and therby to repreſent ſeriouſly to their conſideration how fatall and perilous a thing it is to any Court or Juriſdiction to ſeek to advance their own authority by incroaching upon another power (eſpecially where that power is the Superior) Many freſh inſtances might be produced in theſe latter times of ſeverall Courts that have had their downfal from this Pinacle of Ʋſurpation. Let the Councell of the Marches for all the reſt be mentioned for one ſingle Memorial & monument of the unhappineſſe of this Error: other Examples I omit, the truth hereof being notorious enough to the moſt careles obſerver. I am really perſwaded that 'tis not the unanimous opinion of all thoſe judges that ride the Welſh Circuits that thoſe Writs of Certiorar. Habeas Corpor. and Writs of Error &c. ſhould not be allowed, But am aſſured that the moſt of them More Majorū do acknowledge their Subordination and dependance, which is an argument to me more cogent, then a Demonſtration that they that promote this project for aboliſhing theſe Writs (for I can call it little better) are agitated & by aſſed by ſome private intention to a grandize themſelves rather then upon pure and honorable principles of conveniencie and zeale to the publike welfare, before ſuch attempts as theſe, tis known thoſe Courts of Wales continued in great ſplendor and reputation, under the power and management of wiſe moderate and Learned Judges and Officers, But if now they ſhall not containe themſelves within their antient Land-Markes, thoſe Earthen potts may, it is to be feared, be broken in peeces, by daſhing againſt thoſe that are of more ſolid Materialls, what the pretenders of this innovated priviledge (for exempting the inhabitants of Wales from appeale upon Writs of Error Habeas Corpor. Cerciorar. &c. (being the antient rights of the people) can ſay for themſelves, is beyond my apprehenſion to conceive.

To affirme that it is againſt Law would ſmell of groſſe or willfull Ignorance, or elſe which is worſe, affected Arrogance; For,

1. It is a ſufficient reaſon in Law that the practice ever ſince the erecting the Juriſdiction in Wales hath warranted Certiorar. and in theſe times when thoſe parts were ſupplyed with as learned Judges as any the Nation afforded, and for writs of Error the Statute of Wales directs where they ſhal be brought Ʋiz. in perſonalls in the Marches; in mixt and real at Weſtminſter as for Criminall cauſes.

It is the opinion of the moſt learned Lawers of this Nation that Certiorar. upon the Statute of 26 H. 8. cap. 6. do lye in Wales for removall of all Inditements for Felonie, Murther Man-ſlaughter, and other Offences there committed to be tryed in the next adjacent Engliſh County. And that by the ſame Statute any of the Inhabitant of Wales may be indited and tryed in the next adjadent Engliſh County for a Fact committed in Wales.

The practice wherof being frequent in caſes ariſing as well in North-wales as South-wales, and many preſidents might be inſtanced and produced in that behalf: And the words of that Stature are very plain and pregnant to warrant the ſame; But in caſe the Statute had been dark or dubious, yet by implication of Law an Appeal lyeth without expreſs proviſion as out of Ireland, Galice, County Palatine. &c.

2. By the Statute of the 27th. of H. 8. Wales and England were incorporated, and by the words of that Law, the Inbabitants of Wales ſhall have and enioy all Rights, Fran biſes, Liberties, Priviledges, and Laws within England, as any of the Inhabitants there being born Subiects ſhould have, or enioy.

3. The Inhabitants of England enjoy the benefit of Certiorar. Habeas Corpora, Writs of Error, Quo minus, and Subpaenas out of the Exchequer, and Subpaenas out of Chancery (which Court ought to be alwaies open for the releife of all Suitors.) and conſequently the Inhabitants of Wales by authority of the ſayd Statute ought to enjoy the like Benefits, Franchiſes, Liberties, Laws, and Priviledges; Since which time they have lived peaceably under the ſame Law & Government, which the moſt ingenious and knowing amongſt them deſire ſtill to enjoy; Who cannot but look on the promoters of this innovated Juriſdiction amongſt them as perſons that go to ſeperate Wales from Eng. to the indangering the peace therof, and to debarre all Wales of thoſe Priviledges Lawes and immunities which were gratiouſly made and eſtabliſhed for that benefit, and ſuch as do herein as they have done in other things elſe do deem themſelves to be enemies to their Native Country and the Peace and Tranquillity therof.

4. The Statute of the 34 of H. 8. which eſtabliſheth the Welſh Juriſdiction is an affirmative Stat. and was meerly granted in Favor of Wales by way of additionall Priviledge and Liberty; But doth not take away thoſe Lawes, Liberties, and Priviledges which were eſtabliſhed for their benefit by the ſayd precedent Statute of 7 H. 8. nor doth abridge them from the benefit of any Priviledge or Liberty which they might claim before thoſe Statutes.

5. Tis repugnant to Reaſon and common Juſtice, that an Inferiour Court ſhould be ſet up that is ſubject to erre, and yet ſhould not be ſubject to an Appeal.

6. The Juriſdiction of Wales is derived from the Crown of England, and the Iudges there fit by Patent made under the great Seal of England. Tis agreeable to reaſon that the Chancery that gives them their Power ſhould be capable to ſend a Writ of Error to them and force obedience.

7. The Certiorar. and Habeas Corpus commeth out of the Ʋpper Bench, the Court of the Lord Protector, where he himſelf is ſuppoſed to ſit, and hath abſolute and ſupream Authority in Criminall Matters, and muſt be obeyed therin upon pain of contempt.

8. It is obſerved that ever ſince the Ʋnion of VVales and England, by the Statute of 27 H. 8. Writs of Error, and Habeas Corpora, have never been denied nor oppoſed by any untill within this two years, by one Mr. John Corbet Juſtice in Brecon, &c. Gwyn agninſt Corber, Hill. 1654. A Writ of Errror was oppoſed in the caſe of Kees Gwin Gent. But on full debate therof by learned Councel on both ſides before the preſent Lords Commisſioners of the great Seal of England: Their Lordſhips declared their Opinion that the Writ of Error did unqueſtionably lye and iſſue into VVales, and the Iudges there ought to yeild obedience therto; And the ſayd Court impoſed ſeverall Penalties on the ſaid Mr. Gorbet for his wilfull contemning the ſayd Writ and the Authority of the High Court of Chancery, from whence he received his Commiſſion.

9. As for the Writ of Quo ininus it is warrantable likewiſe by Law.Keleway, 138 Quo minus out of the Exchequer and Capias us lagatum out of the common Pleas iſſue into Wales

1. Becauſe in tranſitory Actions a man may ſue where he pleaſeth.

2. A Quo minus is a Prerogative VVrit found out for releif of the Kings Debtors.

3. The Principalitie of VVales is, and alwaies was held of the Crown of England, and therfore the Inhabitants therof properly ſuable before the Barons of the Exchequer to which place they are Accountants.

4. The liberty of ſuing in the Chequer by Quo minus, or Subpaenas hath been, time out of mind uſed and practiſed without contradiction and without queſtion if the Inhabitants of Wales did not find more benefit therby, and more indifferent juſt proceedings there, then in their own Country; it is not probable they would travell ſo far for Iuſtice whilſt it is in the choice of the Plaintiff where he will bring his Action, and ſurely no Plaintiff will probably ſue in the Chequer without very good cauſe of Action becauſe that Court provideth coſts for the Defendant ſuitable to the nature of his Expence, and where the Inhabitants of VVales ſhould be abridged or debarred of this ancient Freedom, Liberty, and Priviledges, no indifferent unbyaſſed perſon can afford a ſatisfactory reaſon. And the rather becauſe the matter comes to be tryed in the next adjacent Engliſh County, not farr from their own Habitation, nor yet ſo remote as the late Council at Marches was to moſt parts of Wales. And tryals of this nature give great ſatisfaction both to Plaintiffs and Defendants, when they have choice of learned men to plead their Cauſes before learned Judges, and able indifferent Iurors of no relation to Plaintiffs or Defendants to try their Cauſes.

But it is posſible that the legallity according to the preſent Conſtitutions may not be much contradicted, and therfore it muſt not ſuffice to reſt there. It ſhall be my next task to make known and diſcover to thoſe that wil not wilfully hood-wink themſelves, the abſolute and undiſpenſable neceſsity of continuing this ancient, laudable, and approved Conſtitution concerning the removall of Actions or Suits from or beginning them elſewhere, then in Wales, where the cauſe of Suit is firſt emergent.

And in the firſt place give me leave to ſay, I hold this liberty of Appeal as great a priviledge as any is compriſed within the great Charter of our Freedom: There are many living whoſe experience will teſtifie to this Truth, had not their ſufferings made them incapable to be produced as Witneſſes, and others of foreſeeing judgments and perſpicacity that will readily maintain that this aſſertion is no Hyperbole. For my part I make no difference in relation to every Engliſh mans general Birth-right by the Law, between a Habeas Corpus, and theſe other Writs of Error Certiorar, Quo minus, & Subpaena out of the Chequer and Subpaena out of the High Court of Chancery; And how grievous the complaints of the people have been in all times, when Writs of Habeas Corpora be obtained; Preſidents of former times ſpeak loudly of, and the noiſe therof hath wrung in all mens eares: But to make the neceſsity of the preſent Poſition the more delucidly appear, it will be convenient to deſcend to ſome particular numericall reaſons for the maintenance of it, which may be thus Marſhalled.

1. All County Iuriſdictions muſt of neceſſity be more obnoxious to partialities in their proceedings, then thoſe that are of more univerſall latitude, they are ſo circumſcribed within ſo ſmall a Circumference, that the Iudge although never ſo upright and vigilant will be more eaſily abuſed, the Iurors more lyable to be packed or miſled, and the Witneſſes in all Cauſes more readily wrought upon and corrupted.

This reaſon (as may be ſuppoſed) was not the leaſt motive to the late Parliament that gave the break-neck to the Deſigne ſet on foot for Provincialls.

So that it is more then apparant the preſent Deſign to make the Welſh Iuriſdiction abſolute and independent, tends not only to the deprivement of Wales, of their ancient Rights, Liberties, and Freedoms eſtabliſhed by Law, but if granted, would prove a Preſident of dangerous conſequence to all the people of England, as herein afterwards is more fully declared.

2. It is very well known to thoſe that are acquainted with the nature and condition of the people of Wales, that before the late Wars, & at this time there were, and are ſuch Family Emulations and Differences for the moſt part in the ſeverall Counties, that the whole body of them is apt to be caſt upon every ſlight controverſie into Factions Confederacies and parties, inſomuch that the infection therof doth not only remain amongſt the Vulgar and private men, but often times doth attach the very Bench of Iuſtice, and by that means tis not imposſible but it may ſomtime catch hold of the Iudge himſelf.

3. It is obſerved that ſince the late VVars, theſe Differences have been ſo increaſed, and the ſpirits of men ſo highly provoked, that of late years (as I am informed) the civill, Military, and Eccleſiaſtick Powers there have been uſed and converted by ſome, more for private vindication and revenge on their Neighbours and Country-men, then for the reall diſcharge of publike truſt; Inſomuch that the cries of the oppreſſed have been very loud though helpleſs, and ſhould the Iuriſdiction of Ʋ Ʋlales be made abſolute and independent without Appeals, then without queſtion all (except ſuch as are intruſted with the Authority) and their Friends and Relations muſt needs be unſafe in their lives, liberties, and Eſtates.

4. Thoſe that are converſant with the Welſh Proceedings, do obſerve, that if the matter concern any perſon of awe or eminence, there is moſt commonly ſuch relation between the Parties, Iury, and Ʋ Ʋitneſſes either in reſpect of Blood and Kindred, tenure or other dependa ce, that ſome out of wretched ſimplicity, others our of wilfull perverſneſs will make but a Cypher of the man upon the Bench, and think they diſcharge not their duty unleſs they find for their Kinſman, their Friend or Lord.

5. But ſuppoſe that the caſe of controverſie fall out between a Native and an Engliſh-man, certainly experience hath taught ſome that mediet as linguae is in no caſe more neceſſary then here; For the firſt Inquiry or whether he be E • gle Cheria or no, and I may then ſay without traducing of that Country, that the ſame Injury or Fact committed upon a Native, will many times not be found ſo when committed upon an Engliſh-man.

Ob. If it be objected, that Appeals to the Courts of Weſtminſter by Habeas Corpora, Certiorar. Writs of Error, &c. occaſion delay, and expence.

An. It cannot be denyed by any, but that delatory Juſtice is more deſirable then perverted, and the Appellant bears the greateſt burthen, who probably will not appeal without good cauſe to warrant his proceedings therin, for beſides his own charges he muſt pay conſiderable coſts (if in civill Cauſes) to the other party if he make not good his Appeal, if in criminall Caſes, the charge of bringing it to the teſt, beſides the re-inforcing of the Judgment given below, if he fail to make good his Appeal, is a ſufficient check to all Cauſeleſſe Appellants.

Ob. If it be objected, that Tryals upon Quo minus, & Subpaenas out of the Exchecquer are chargeable and delatory, becauſe they are tranſmitted for tryall into forraign Counties, and that the remoteneſs of the place is a diſcouragement to parties and their Witneſſes.

An. 1. That Objection will prove of little force if the conveniency of having the ſame tryed before indifferent and impartiall Judges and Jurors in the next adjacent County be duly conſidered, where Cauſes are determined with equal and quicker diſpatches, then the ordinary courſe of Juſtice in the great Sesſions of Wales doth bear it, where many by reaſon of experimentall delayes of late uſed there, are much diſcouraged to proſecute their Cauſes.

2. If the extraordinary charges of Appeals from corrupt and erroneous Verdicts, and Judgments, be taken into conſideration, occaſioned by the partiality and corruption of Sheriffs and Jurors, and others that have the tranſacting of the peoples cauſes, as hath been before demonſtrated; with this alſo, that in caſe a Welſh Sheriff be of the contrary faction, or a freind to the Plaintiff or Defendant; ſuch Iurors ſhall be returned, againſt whom no exceptions can be made by Law, yet ſhall bring in a verdict rather according to the pleaſure of the Sheriff and the parttie he adheres unto, then according to the truth and merits of the cauſe.

3. If it be conſidered where the trial by Law is appointed, although not in vicineta, yet in vicino Commitatu in the neighbour County, although not in the neighbourhood, and it is often ſeen on trialls in the Welſh Counties, the parties are forced ſomtimes to bring witneſſes out of England 100. or 200. miles, or more, and ſomtimes out of the remoteſt partes of Wales even to this County of Mountgomery.

4. The contrivers and promoters of Cantonizing Wales to ſerve their own ambitious ends, do not only go about to deprive the Inhabitants of Wales of the benefit of Certiorar. Habeas Corpora, Writs of Error, Quo minus, Subpaenas, out of the Exchequer; But would alſo make themſelves Lord Chancellors, as well as Lords cheif Iuſtices of Wales, and that no Appeale might be hereafter made by any of the Inhabitants of Wales to the High Court of Chancery for the reveiw or reverſal of any decree, or other proceeding in the pretended court of Chancery there held, nor any addreſs to the ſaid High Court of Chancery by any of the Inhabitants of Wales, for releif upon Originall bills there filed, touching any matters reall, perſonal, or mixt, relating to Wales; all which ſufficiently teſtifieth the pride, ambition, and exorbitant thoughts and purpoſes of theſe Innovators, to make themſelves ſole and arbitrary Iudges, both of Law and equity in all cauſes criminall and civill, to the indangering of the lives, liberties, and eſtates of all ſuch as are not, or ſhal not be intruſted with this Paramount authority, or are not or ſhall not be of relation to them.

Wheras in truth if their Chancery Iuriſdiction be but inquired into, they have not the leaſt colour, much leſſe Commiſſion or authority to hold ſuch a Iuriſdiction as they now do, and for ſome late yeares have uſurped as I humbly conceive for theſe reaſons.

1. The Iudges of Wales have not any power either by the Stat. of Wales or their Commisſions to hold a court of chancery, nor yet by any ancient cuſtom or Preſcription; but its beginning was from the Councell of the Marches now aboliſhed on meer references transferred unto them, wherby color therof firſt retained petitions and afterwards bils in equity, neither can they produce eſpecially in South-wales one bil in equity preferred in this pretended Court of Chancery in Wales of 50. years ſtanding, there being many living that well remember the time when no ſuch bills were retained but only equitable rules made at common law, either by the mutual conſent or upon ſubmiſſion of the parties

2. There are no Officers ſetled nor ſworn, nor any ſet Fees eſtabliſhed in this welſh Chancery by any Law or legall authoritie, other then what the Judges there for ſome late yeares arbitrarily have erected, wheras the Fees and Officers in reference to their Gommon-Law Juriſdiction are certaine and prefixed by the Statutes of Wales.

3. The Welſh Chancery is a paper Court where there are no records or inrolments kept of their proceedings, but their paper Records as they cal them, are commonly carried by Client, Sollicitor, and Attorney, from place to place in their pockets, and often left and ſome times made uſe of to light Tobacco.

4. It is queſtionable whether any perſon can be queſtioned or Indicted for perjury committed in this Court, wherby the ſame may become a Nurſery for Perjury, wch is a reaſon given by ſome that know the Country, why Perjury is ſo frequent in ſome of thoſe partes

5. To a Court of equitie a diſtinct Seale ought to appertain, to ſeale all their writs and inforce obedience to their proceedings: But to this pretended Court of equity no ſuch Seal appertaineth, yet aſſume they power to ſeal their Chancery writs with the Judiciall Seal, and therto affix green wax, which is ſolely ordained by the Statute of 34. H. 8. to Seale Judicial writs and not Chancery writs, and therfore as well may the Iudges of the Ʋpper Bench or Common Pleas or the Officers intruſted with the Seales therof affix green wax to the Writs Iſſuable out of the Higheſt Court of Chancery, and ſeal the ſame with their proper ſeal, and take the Fees due for the ſame, as the ſaid Iuſtices or their Clarks may ſeale the Writs or mandats which they Iſſue out of their pretended Chancery, with their Common-law Seale by which they cannot inforce obedience to their pretended Chancery Iuriſdiction, and ſo conſequently their Orders and Decrees are of no force, but the people expoſed to fruitleſs trouble and expences, and that which can attain to no reaſonable end, the Law rejects as a thing inutile and uſeleſſe, Sapiens incipit a fine.

6. The High Court of Chancery time out of mind and memory of man, nay ever ſince the eſtabliſhment of the Iuriſdiction of Wales, on Bills exhibited there, have and do retain the ſame and give reliefe therein, notwithſtanding any Decree, Order or Proceedings in the pretended Chancery of Wales, againſt whoſe proceedings the ſaid Court have, and do grant Injunctions untill the hearing of the cauſe which were never diſobeyed nor contradicted; nor ſuch proceedings found inconvenient untill within this 12. months, a Judge then and now in Wales drew a Plea of a decree made before himſelf, in Bar of a bill exhibited in the High Court of Chancery, for releif of the ſame matter,Owen againſt Thomas Hillar, 1654. but got an other Counſel to ſigne it, which being argued before the Lords Commiſ. and endeavored to be maintained by two Welſh Counſellors, that take upon them to be the principall upholders of this uſurped juriſdiction yet their Lordps. overruled and ordered the Defendants to anſwer in cheif, and granted an Injunction for ſtay of the proceedings in the Chancery of Wales, for the matters here complained of, untill hearing of the cauſe.

7. There are Preſidents that may be likewiſe produced of Prohibitions Iſſued out of the Courts of Ʋpper Bench and Common Pleas, againſt the pretended Chancery of Wales.

8. A Court of Equity cannot be erected by grant or preſcription, but only by Act of Parliament; Hobart 5.87 Martin and Marſhall, Dyer 175 1 pr. Sproggs Caſe. and yet the Chancery in VVales hath neither grant nor preſcription nor Act of Parliament for its ſupport, wherof the Judges of VVales being deeply ſenſible, and of the danger of incurring the penalties impoſed by the ſeverall Statutes for Premunire in caſes of like nature, have not untill now of late take upon them the authority to make any finall or decretall Orders, without the orders themſelves were firſt ſigned by the Counſel & Attorneys on both ſides wherby the ſame were indeed made rather orders by conſent of both parties their Counſell and Attorneys, then any finall or decretal orders by a Chancery Iuriſdiction which indeed gives them no more authority then if the matter were referred by conſent of all parties by way of Arbitration to ordinary Arbitrators, and how farr any have acted beyond their Commisſion or contrary to the Statutes for Premunire; is humbly ſubmitted to conſideration, there being no Regiſter there untill of late.

8. To give the Iudges of Wales the power of Law and equity in all caſes criminall and civill, without Appeals to Weſtminſter; is ſuch a Iuriſdiction that the wiſdome of former ages never yet thought ſafe to intruſt to any perſons of never ſo much integrities & abilities, nor any could be found ſo immodeſt as to accept much leſſe to deſire it, until few of late, and it is well hoped that the ſupream Authority wil take ſpecial notice of the contrivers & promoters of this deſign being a few out of Brecknock Shire, where Iohn Corbet Eſq doth ride as ſole Iuſtice; is upon occaſion of a murder ther lately commited by ſome that are of neer relation to thoſe that carry on this deſign, with an intention to ſmother this murther, and ſave the lifes of few from the power of Juſtice, with the vtter ruine of the whole Country, as is herein after more fully diſcovered.

The granting ſuch a power of Law and equity in one or more perſons, is to ſet up Arbitrarines, and to deſtroy the fundamental Lawes of England; as Magna Charta, the Petition of right, and tryals by 12. men &c. For after a verdict at Law the ſame perſon that ſits as Judge therof, may if he pleaſe, as Chancellor ſtop Indgment, or after Iudgment ſtay Execution, or if he pleaſe ſtop the tryall it ſelf, and in one mans caſe Adminiſter the ſtrictnes of Law, but in another mans caſe of the ſame nature, Adminiſter his own will for rules of equitie: And ſo carry fire in one hand, and water in another hand, being indeed a power that many learned honeſt conſcientious men would not accept off, if offered unto them, as Inconſiſtent wh the rules of good government in the due adminiſtration of juſtice; & if once this power was erected in Wales; then by the ſame rule of Law & reaſon may ſome ambitious perſons petition for eſtabliſhing the like Iuriſdiction in all other parts of this Nation that are but 30. or 40. miles diſtant from London, & therby reduced the whole Nation into ſeverall Provinces under an Arbitrary mixt power of Law and equity in one and the ſelf ſame perſons, to the ſubverſion & overthrow of the Fundamental rights, laws, liberties, and freedoms of England. Far be it from any ſober man as much as to imagine that the Wiſdome and Juſtice of his Highnes the Lord Protector and his Counſel wil ever condiſcend to ſuch unſafe deſtructive Attempts, the effecting wherof would not only draw a ruine inſenſibly upon the whole Nation; But endanger the very Root of Government.

Whereas, now the Supream Magiſtrate hath the mediate overſeeing of all the Judges proceedings in Weſtminſter-Hall and they have an inſpection into the proceedings of all delegated and ſubordinate Judges and Officers, and a power to releive the innocent and oppreſſed and puniſh the guilty; wherby the Supream Magiſtrate may overſee the proceedings of all the Judges of England and Wales, in and through the Chryſtal Fountain of Iuſtice wch alwayes ought to flow from the Courts at Weſtminſter for the releiving and refreſhing of all the oppreſsed injured people of the Nation; and therby the Supream Magiſtrate is the better enabled as Iudge over all Iudges to diſcern and determine ſuch differences as ſhall or may ariſe either between the people or the ſeverall Courts and Juriſdiction of the Nation and Adminiſter equal right and Juſtice to all the people under his Highneſs Government and Protection.

But leaſt this diſcourſe might fall into the hands of ſome incredulous perſons that are no wayes concerned to take notice of the manner of the proceedings in Wales; give me leave to preſent to your conſideration, three Affidavit, the Original wherof remain of record in the Chancery, and upper Bench; which will in great meaſure fortifie the veritie of the foregoing concluſions, and I dare affirm, if all other paſſages of like nature that have happened in the great Seſſions held in thoſe parts, this little treatiſe would ſwel into too great a Volume.

THeſe things being premiſed what man of reaſon can eſteem it convenient to debarr that Nation of ſo high a Birth-right as the benefit of Appeals to the Courts at Weſtminſter, by Certiorar. Habeas Gorpus; Writs of Error, Quo minus and Subpaenas out of the Exchequer, and Subpaenas out of the High Court of Chancery.

To conclude all, if this ancient Right and Freedom be taken away, the Inhabitants of Wales will be deprived of the moſt conſiderable branch of liberty that belongeth unto them, & I am perſwaded, & partly know, that many of the moſt ingenious amongſt them, & of conſiderable eſtates there, wil be inforced to ſell their Inheritances, & forſake their own native Country: rather then live under ſuch an Arbitrary power as is herein before demonſtrated, which to a noble or ingenious mind will be a greater bondage then to ſerve in the Callies as a conquered Slave.