Common Bench muft remand, if the Cause of Imprisonment return'd be juft.

The Writ de Homine replegiando is as well returnable in the Common-Pleas as in the King's Bench..

All Prohibitions for incroaching Jurifdiction, iffue as well out of the Common-Pleas as King's Bench.,

Quafhing the Order of Commitment upon a Certiorari, which the King's Bench may do, but not the Common-Pleas, is not ma terial in this Cafe.

1. The Prifoner is to be difcharg'd or remanded barely upon the Return, and nothing else, whether in the King's Bench or Common-Pleas.

2, Should the King's Bench have the Order of Commitment' certify'd and quafh'd before the Return of the Habeas Corpus, or after, what will it avail the Prisoners? they cannot plead Nul tiel Record in the one Cafe or the other.

3. In all the Precedents fhew'd in the Common-Pleas, or in any that can be fhew'd in the King's Bench upon difcharging the Prifoner by Habeas Corpus, nothing can be fhew'd of qualhing the Orders or Decrees of that Court that made the wrong Commitment.

4. It is manifeft where the King's Bench Glanvill C. Moore, hath upon Habeas Corpus difcharg'd a Prifof. 836, ner committed by the Chancery, the perfon hath been again re-committed for the fame Caufe by the Chancery, and re-deliver'd by the King's Bench; but no quafhing of the Chancery-Order for Commitment ever heard of.

5. In fuch Cafes of re-commitment, the Party hath other and proper Remedy, befides a New Habeas Corpus; of which I fhall not fpeak now.

6. It is known, That if a Man recover in Affize, and after in a Re-diffeifin, if the firft Judgment be Revers'd in the Affize, the Judgment in the Re-diffeifin is alfo Revers'd. So if a Man recover in Wafte, and Damages given, for which Debt is brought, (efpecially if the firft Judgment be Revers'd before Execution) it deftroys the Procefs for the Damages in Debt, tho by feveral Originals. But it may be faid, That in 2 Writ of Error in this kind, the Foundation is deftroy'd, and no fuch Record is left.

But as to that in Drury's Cafe 8 Rep. an Outlawry iffued, and Procefs of Capias upon the Outlawry, the Sheriff return'd Non eft inventus; and the fame Day the Party came into

Court,

Court, and demanded Oyer of the Exigent, which was the Warrant of the Outlawry; and fhew'd the Exigent to be altoge ther uncertain and infufficient, and confequently the Outlawry depending upon it to be null. And the Court gave Judgment accordingly, tho the Record of the Outlawry were never Revers'd by Error; which differs not from this Cafe, where the Order of Commitment is Judicially declar'd illegal, tho not quafh'd or revers'd by Error; and confequently what ever depends upon it, as the Fine and Commitment doth; and the Outlawry in the former Cafe was more the King's Intereft, than the Fine in this.

The Lord Chief Juftice deliver'd the Opinion of the
Court, and accordingly the Prisoners were difcharg'd.

Phe.

Phenix XIII.

An Apology or Defence of William the First of Nallau, Prince of Orange, &c. in answer to the Proclamation against, and Profcription of him by the King of Spain.

To which is prefix'd the faid Profcription at length, with feveral Letters and Declarations of the Prince of Orange, lating thereunto.

c. re

The Copy of a Letter written by the King with his own Hand, to the Prince of Orange.

I

Have with great Affection receiv'd your Letter of the 27th of May, and fince that other which you writ unto me the 14th of June: And by that which I have written to my Sifter, you have been able to understand the fmall Occafion that you have to think that which you write unto me in that Letter of the 27th of May, but rather the contrary. Alfo it is certain, that you fhould much deceive your felf to think, that I would not have all Confidence and good Opinion of you: And albeit fome certain one should mean to perform a contrary Duty towards me; yet this fhould remain,

that

that I would not be fo light, as to give credit thereto, having fo great Experience of your Loyalty and Services. Wherefore you need not trouble your felf therewith, but ftay your self upon the Letters, which heretofore I have written unto you in this behalf, and upon your own Deeds, but at no hand reft upon that which fome Enemies (it may be of my Service, and of your good Eftate) would endeavour to caufe you to underftand. Touching the Liberty you demand, to leave off your Charges and Offices, it grieveth me, that your particular Affairs and Bufineffes are in fuch Terms and State as you say: And I cannot but tell you, that the Affairs of thofe Countries, ftanding in fuch fort and manner as they do, it is not reason that fuch perfons, as yours is (to whom I truft, and upon whom I ftay my felf) fhould abandon and forfake the fame, fpecially I my felf being fo far off from the faid Countries: yea rather it were reason, that thofe that are in their own Houfes, fhould fpeedily provide for, and help this prefent neceffity, and imploy themselves upon that whereunto they are bound, as ye have prefently done, in going to Antwerp, whereby I have receiv'd great Contentment and Joy; and am very well affur'd, that ye will there do whatsoever shall be moft convenient for my Service, and for the quietness and peace of the faid Town and Country, and for the avoiding of the Disorders that shall arise there. Which thing alfo I hope of you, and I know that ye will not declare your felf to be any other, than fuch a one as ye have heretofore declar'd your felf to be, all your life long. And to the end ye may perceive, that I do deal freely with you, I will not ceafe to advertise you, that there hath been in thefe Quarters a great Rumor concerning this; to wit, that your Brother hath been found to be a dealer in thofe things that are done there. And because I cannot cea fe much and often to think of this matter, I charge you ftrictly diligently to confider, how it may be remedied and redreffed, that it proceed no further, and look that you do effectually perform it: and if it seem good unto you to remove, for a few days, your Brother far from you, do fo.

From the Foreft of Segovia the first of Auguft.

Subfigned

PHILIP,

And written upon the Back-fide

To the Prince of Orange,

And fear'd with the King's Seal.

A

A Proclamation and an Edict in Form of a Profcription, made by the Majefty of the King our Lord, against William of Naffau, Prince of Orange, as the chief Captain and Disturber of the State of Christendom, and especially of thefe Low-Countries; by which every one is authoriz'd to hurt him and to kill him, as a publick Plague; with a Reward to him that shall do it, and fhall be affifting and aiding thereunto.

PHIL

HILIP, by the Grace of God, King of Caftile, Leon, Arragon, Navar, Naples, Cicilia, Majorca, Sardinia, of the Ifles, Indies, Firm Land, and of the Ocean-Sea; Archduke of Auftria, Duke of Burgundy, Lothier, Brabant, Lemburg, Luxenburg, Gelderland and Milan; County of Hapsburg, Flanders, Artois and Burgundy; Palatine both of Haynault, Hellard, Zealand, Namure and Zutphen; Prince of Suave; Marquis of the Holy Empire; Lord of Frifeland, Salines and Malines, and the City, Towns and Country of Utrecht, Overyffel and Groningen, and Governor in Afia and Africa. To all thofe that fhall fee these prefent Writings, Greeting.

It's known to all the World, how the late Emperor of moft Excellent Memory, Charles the Fifth, my Lord and Father, whom God abfolve, hath favourably handled and dealt with William of Naffau, for the Succeffion of the late Rene of Chaalen, Prince of Orange his Coufin: and how from that time forward, even from his firft Age, he hath (altho he were a Stranger) greatly advanc'd him; which thing we our felves also have always fucceffively continued, and daily augmented more and more; having made him firft of our Order, afterward our Lieutenant-General in the Government of Holland, Zealand, Utrecht and Burgundy; and withal, of our Council of State, beftowing upon him fundry Benefits and Honours; whereby both by rea fon of the Oath of Fidelity and Homages, which he hath likewife made unto us, becaufe alfo of the Fees, Pensions, Lands and Lordships, held of us in divers our Countries and Provinces, he was greatly fubjected, and bound to obey us; ro keep and hold his Faith given, and to procure the Good and

Profit