English liberties, or, The free-born subject's inheritance containing, I. Magna Charta, the petition of right, the Habeas Corpus Act ... II. The proceedings in appeals of murther, the work and power of Parliament, the qualifications necessary for such ... III. All the laws against conventicles and Protestant dissenters with notes, and directions both to constables and others ..., and an abstract of all the laws against papists.
         Care, Henry, 1646-1688.
      
       
         
           1680
        
      
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         50183
         
           
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             English liberties, or, The free-born subject's inheritance containing, I. Magna Charta, the petition of right, the Habeas Corpus Act ... II. The proceedings in appeals of murther, the work and power of Parliament, the qualifications necessary for such ... III. All the laws against conventicles and Protestant dissenters with notes, and directions both to constables and others ..., and an abstract of all the laws against papists.
             Care, Henry, 1646-1688.
          
           [10], 228 p.
           
             Printed by G. Larkin for Benjamin Harris,
             London :
             [1680?]
          
           
             Attributed to Care by Wing and NUC pre-1956 imprints.
             Date of imprint suggested by Wing.
             Reproduction of original in the Union Theological Seminary Library.
          
        
      
    
     
       
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         eng
      
       
         
           Magna Carta.
           Great Britain -- Constitutional law.
           Great Britain -- Politics and government.
        
      
    
     
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             English
             Liberties
          
           :
           Or
           ,
           The
           Free-Born
           SUBJECT's
           Inheritance
           ,
           CONTAINING
        
         
           I.
           
             MAGNA
             CHARTA
          
           ,
           The
           
             Petition
             of
             Right
          
           ,
           The
           
             Habeas
             Corpus
          
           Act
           ;
           and
           divers
           other
           most
           
             Vseful
             Statutes
          
           :
           With
           Large
           COMMENTS
           upon
           each
           of
           them
           .
        
         
           II.
           The
           Proceedings
           in
           
             Appeals
             of
             Murther
          
           ;
           The
           Work
           and
           Power
           of
           Parliaments
           ;
           The
           Qualifications
           necessary
           for
           such
           as
           should
           be
           chosen
           to
           that
           great
           Trust
           .
           Plain
           Directions
           for
           all
           Persons
           concerned
           in
           
             Ecclesiastical
             Courts
          
           ;
           and
           how
           to
           prevent
           or
           take
           off
           the
           Writ
           
             De
             Excommunicato
             Capiendo
          
           .
           As
           also
           the
           Oath
           and
           Duty
           of
           Grand
           and
           Petty
           Juries
           .
        
         
           III.
           All
           the
           Laws
           against
           Conventicles
           and
           
             Protestant
             Dissenters
          
           with
           Notes
           ,
           and
           Directions
           both
           to
           Constables
           and
           others
           concern'd
           ,
           thereupon
           ;
           And
           an
           Abstract
           of
           all
           the
           Laws
           against
           Papists
           .
        
         
           LONDON
           :
           Printed
           by
           
             G.
             Larkin
          
           ,
           for
           
             Benjamin
             Harris
          
           ,
           at
           the
           
             Stationers
             Arms
          
           and
           Anchor
           in
           the
           Piazza
           under
           the
           Royal-Exchange
           .
        
      
       
         
         
         
           
             A
             TABLE
             OF
          
           Some
           of
           the
           most
           Material
           Contents
           .
        
         
           
             THe
             Nature
             and
             Happiness
             of
             our
             English
             Government
             ,
             from
             
               page
               1.
               to
               p.
            
             5.
             
          
           
             
               Magna
               Charta
            
             faithfully
             Recited
             
               p.
               6
               to
               p.
            
             19.
             
          
           
             A
             Comment
             upon
             
               Magna
               Charta
               p.
               19.
               to
               p.
            
             30.
             
             
               
                 'T
                 is
                 but
                 a
                 Declaration
                 of
                 what
                 the
                 people
                 had
                 right
                 to
                 before
                 .
                 p.
                 19.
                 
              
               
                 The
                 occasion
                 and
                 means
                 of
                 obtaining
                 
                   Magna
                   Charta
                   ,
                   p.
                
                 20.
                 
              
               
                 Ill
                 Council
                 perswade
                 King
                 Hen
                 3.
                 to
                 Revoke
                 
                   Magna
                   Charta
                
                 ,
                 and
                 the
                 sad
                 end
                 of
                 that
                 wicked
                 Counsellour
                 ,
                 p.
                 21.
                 
              
               
                 Liberties
                 what
                 ,
                 p.
                 24.
                 
              
               
                 Monopolies
                 are
                 against
                 
                   Magna
                   Charta
                   ,
                   p.
                
                 25.
                 
              
               
                 The
                 King
                 cannot
                 send
                 any
                 man
                 out
                 of
                 England
                 against
                 his
                 will
                 ,
                 p.
                 25.
                 
              
               
                 Peers
                 what
                 ,
                 p.
                 26.
                 
              
               
                 
                 Commitment
                 ,
                 The
                 necessary
                 circumstances
                 where
                 Legal
                 ,
                 p.
                 27.
                 
              
               
                 Justice
                 it
                 s
                 three
                 properties
                 ,
                 p.
                 28.
                 
              
               
                 Judges
                 are
                 to
                 obey
                 no
                 Commands
                 from
                 the
                 King
                 ,
                 though
                 under
                 the
                 Great
                 or
                 Privy
                 Seal
                 (
                 much
                 less
                 signified
                 by
                 any
                 little
                 whispering
                 Courtier
                 )
                 against
                 Law
                 ,
                 p.
                 28.
                 
              
               
                 Protection
                 when
                 unlawful
                 ,
                 p.
                 29.
                 
              
            
          
           
             The
             Statute
             of
             
               Confirmation
               of
               the
               Charter
               ,
               p.
            
             31
          
           
             A
             Solemn
             Curfe
             of
             the
             Clergy
             against
             the
             Breakers
             of
             the
             Charter
             ,
             p.
             33.
             
          
           
             Another
             Curse
             to
             the
             same
             purpose
             ,
             p.
             34
          
           
             The
             Statute
             
               de
               Tallageo
               non
               Concedendo
            
             That
             the
             King
             shall
             lay
             no
             Burthens
             on
             his
             people
             ,
             but
             by
             their
             Consent
             in
             Parliament
             ,
             p.
             36.
             
          
           
             A
             Comment
             thereupon
             ,
             
               p.
               38.
               to
               p.
            
             40.
             
             
               
                 There
                 are
                 
                   Omissions
                   and
                   Errors
                
                 in
                 the
                 Common
                 Printed
                 Statute-Books
                 ,
                 p.
                 40.
                 
              
            
          
           
             The
             Stat.
             cf
             25.
             
             Edw.
             3.
             declaring
             what
             Offences
             shall
             be
             
               Treason
               ,
               p.
            
             40.
             
          
           
             A
             Comment
             thereupon
             ,
             
               p.
               43.
               to
               p.
            
             50.
             
             
               
                 To
                 Compass
                 the
                 Death
                 of
                 the
                 King
                 what
                 ,
                 p.
                 44.
                 
              
               
                 A
                 
                   Colateral
                   Heir
                
                 to
                 the
                 Crown
                 is
                 not
                 within
                 this
                 Statute
                 ,
                 p.
                 45.
                 
              
               
                 Probably
                 Attaint
                 ,
                 an
                 Errour
                 in
                 the
                 Statute-Book
                 for
                 provably
                 Attaint
                 ,
                 p.
                 45.
                 
              
               
                 Offences
                 made
                 Treason
                 since
                 this
                 Statute
                 ,
                 p.
                 50.
                 
              
            
          
           
             
             The
             Stat.
             13.
             
             Car.
             2.
             cap.
             1.
             for
             
               safety
               of
               His
               Majesties
               Person
            
             ,
             &c.
             p.
             51
          
           
             Notes
             thereupon
             ,
             
               p.
               57.
               to
            
             63.
             
             
               
                 There
                 must
                 be
                 two
                 not
                 only
                 Lawful
                 ,
                 but
                 Credible
                 Witnesses
                 on
                 this
                 Statute
                 ,
                 
                   p.
                   58.
                   and
                
                 59.
                 
              
               
                 Within
                 
                   what
                   time
                
                 the
                 Party
                 must
                 be
                 question'd
                 and
                 Indicted
                 ,
                 p.
                 60.
                 
              
               
                 The
                 Sentence
                 or
                 Judgment
                 
                   in
                   High
                   Treason
                
                 ,
                 and
                 the
                 signification
                 of
                 each
                 Branch
                 thereof
                 ,
                 p.
                 61.
                 
              
               
                 The
                 King
                 cannot
                 allow
                 a
                 Lord
                 ,
                 Convict
                 of
                 Felony
                 ,
                 the
                 favour
                 of
                 being
                 Beheaded
                 ,
                 p.
                 62.
                 
              
               
                 Challenge
                 what
                 ,
                 and
                 to
                 how
                 many
                 ,
                 p.
                 62.
                 
              
            
          
           
             The
             Statute
             ,
             2.
             
             
               Edw.
               3.
               cap.
            
             2.
             
             In
             what
             Cases
             only
             the
             King
             shall
             grant
             
               Pardons
               ,
               p.
            
             63.
             
          
           
             The
             Comment
             thereon
             ,
             p.
             64.
             
          
           
             The
             nature
             ,
             form
             and
             proceedings
             in
             Case
             of
             
               Appeals
               of
               Murder
            
             ,
             &c.
             
             Particularly
             opened
             to
             the
             meanest
             Capacity
             ,
             from
             
               p.
               67
               ,
               to
               p.
            
             74.
             
          
           
             Two
             Statutes
             ,
             That
             a
             Parliament
             shall
             be
             holden
             
               once
               every
               year
               ,
               p.
            
             75.
             
          
           
             The
             Comment
             .
             p.
             75.
             
             
               
                 The
                 Act
                 of
                 the
                 
                   16th
                   .
                   Car.
                
                 2.
                 that
                 holding
                 of
                 Parliaments
                 ,
                 shall
                 not
                 be
                 discontinued
                 above
                 three
                 years
                 at
                 the
                 most
                 ,
                 p.
                 76.
                 
              
            
          
           
             A
             not
             able
             Discourse
             of
             the
             Antiquity
             ,
             use
             and
             power
             of
             PARLIAMENTS
             ,
             and
             the
             Qualifications
             of
             such
             Gentlemen
             as
             are
             fit
             
             to
             be
             Chosen
             the
             peoples
             Representatives
             ,
             
               p.
               77.
               to
               p.
            
             110.
             
             
               
                 Parliament
                 ,
                 the
                 signification
                 of
                 the
                 word
                 ,
                 p.
                 78.
                 
              
               
                 City
                 what
                 ,
                 and
                 how
                 it
                 differs
                 from
                 a
                 Burrough
                 ,
                 p.
                 79.
                 
              
               
                 
                   Three
                   Estates
                
                 what
                 ,
                 the
                 Bishops
                 none
                 of
                 them
                 ,
                 p.
                 80.
                 
              
               
                 The
                 Parliament
                 has
                 Right
                 to
                 order
                 the
                 Succession
                 to
                 the
                 Crown
                 ,
                 and
                 he
                 forfeits
                 all
                 his
                 Goods
                 and
                 Chattels
                 that
                 denies
                 it
                 ,
                 
                   p.
                   82.
                   and
                
                 84.
                 
              
               
                 The
                 particular
                 Business
                 of
                 Parliaments
                 ,
                 p.
                 83.
                 
              
               
                 To
                 punish
                 ill
                 Favourites
                 and
                 Corrupt
                 Ministers
                 of
                 State
                 ,
                 p.
                 85.
                 
              
               
                 Examples
                 of
                 great
                 Offenders
                 punisht
                 ,
                 Committed
                 ,
                 degraded
                 ,
                 and
                 sentenced
                 by
                 Parliament
                 ,
                 and
                 particularly
                 some
                 Parsons
                 for
                 Pragmatical
                 Preaching
                 ,
                 
                   p.
                   85.
                   to
                
                 92
              
               
                 Reflections
                 on
                 
                   State-Divines
                   ,
                   p.
                
                 93.
                 
              
               
                 The
                 Mischiefs
                 of
                 
                   felling
                   Voices
                
                 for
                 Parliament-men
                 ,
                 for
                 Liquor
                 ,
                 p.
                 95.
                 
              
               
                 Directions
                 touching
                 Choice
                 of
                 Members
                 in
                 10
                 Negative
                 Descriptions
                 ,
                 who
                 are
                 not
                 fit
                 to
                 be
                 Elected
                 ,
                 
                   p.
                   98.
                   to
                
                 106.
                 
              
               
                 The
                 Characters
                 of
                 such
                 as
                 deserve
                 this
                 great
                 trust
                 ,
                 in
                 five
                 particulars
                 ,
                 p.
                 110.
                 
              
            
          
           
             The
             Stat.
             of
             8.
             
             
               Hen.
               6.
               cap.
            
             7.
             
             That
             only
             Freeholders
             should
             Chuse
             Knights
             of
             the
             Shire
             ,
             p.
             107.
             110.
             
          
           
             
             The
             
               Petition
               of
               Right
               ,
               3.
               
               Car.
            
             1.
             
             And
             the
             Kings
             Assent
             thereunto
             [
             left
             out
             in
             the
             Statute-Book
             ]
             p.
             112.
             
          
           
             The
             
               Habeas
               Corpus
               Act
            
             ,
             31
             Car.
             2.
             cap.
             2.
             p.
             117.
             
          
           
             The
             Comment
             thereupon
             ,
             p.
             128.
             
          
           
             An
             Act
             for
             the
             Benefit
             of
             Prisoners
             for
             Debt
             ,
             that
             they
             shall
             not
             be
             lodged
             with
             Felons
             ,
             &c.
             p.
             131
          
           
             An
             Act
             for
             regulating
             the
             
               Privy
               Council
            
             ,
             and
             taking
             away
             the
             
               Star-Chamber
               ,
               17.
               
               Car.
               1.
               cap.
               10.
               p.
            
             135.
             
          
           
             Some
             Notes
             thereupon
             ,
             p.
             144.
             
          
           
             The
             Clause
             of
             the
             Act
             of
             31.
             
             
               Car.
               2.
               cap.
            
             1.
             
             No
             man
             shall
             be
             bound
             to
             
               Quarter
               Souldiers
               ,
               p.
            
             145.
             
          
           
             The
             Act
             touching
             the
             Writ
             
               de
               Excommunicato
               Capiendo
               ,
               5.
               
               Eliz.
               cap.
               23.
               p.
            
             146.
             
          
           
             A
             Comment
             ,
             with
             a
             discourse
             of
             Excommunication
             ,
             directions
             how
             to
             manage
             your
             defence
             in
             all
             Cases
             in
             the
             Bishops
             Courts
             ,
             and
             how
             to
             prevent
             or
             take
             off
             the
             Writ
             
               de
               Excomunicato
               Capiendo
               ,
               p.
               154
               to
               p.
            
             170.
             
          
           
             Church-Wardens
             not
             bound
             to
             take
             any
             Oath
             in
             the
             Bishops
             Courts
             to
             present
             ,
             p.
             170.
             
          
           
             A
             Discourse
             touching
             the
             Laws
             made
             or
             endeavoured
             to
             be
             Executed
             against
             
               Protestant
               Dissenters
               ,
               p.
            
             171.
             
          
           
             The
             Acts
             1.
             
             
               Eliz.
               cap.
            
             2.
             the
             23.
             
             
               Eliz.
               cap.
            
             1.
             
             The
             29
             
               Eliz.
               cap.
               6.
               1
               
               Jac.
               cap.
            
             4.
             and
             3
             
               Jac.
               cap.
            
             4.
             were
             all
             made
             against
             Papists
             
             only
             ,
             and
             ought
             not
             to
             be
             Extended
             against
             Protestant
             Dissenters
             ,
             
               p.
               171.
               to
               p.
            
             177.
             
             
               
                 Two
                 
                   new
                   Holy
                   days
                
                 made
                 in
                 the
                 Church
                 of
                 England
                 ,
                 since
                 His
                 Majesties
                 Restauration
                 ,
                 p.
                 173.
                 
              
               
                 The
                 opinion
                 of
                 the
                 
                   House
                   of
                   Commons
                
                 ,
                 That
                 Acts
                 made
                 against
                 Popish
                 Recusants
                 ought
                 not
                 to
                 be
                 extended
                 against
                 Protestant
                 Dissenters
                 ,
                 p.
                 178.
                 
              
            
          
           
             The
             Act
             of
             35
             
               Eliz.
               cap.
            
             1.
             
             Considered
             .
             'T
             is
             plain
             from
             thence
             ,
             that
             the
             Acts
             made
             against
             Popish
             Recusants
             ,
             ought
             not
             to
             affect
             
               Sectaries
               .
               p.
            
             180.
             
          
           
             The
             said
             Act
             of
             35
             Eliz.
             proved
             to
             be
             long
             since
             expired
             ,
             p.
             181.
             
          
           
             As
             also
             that
             of
             the
             
               16th
               .
               Car.
               cap
            
             4.
             
             Intituled
             ,
             An
             
               Act
               to
               prevent
               and
               suppress
               seditious
               Conventicles
               ,
               p.
            
             182.
             
          
           
             The
             Oxford
             or
             
               Five
               Mile
            
             Act
             ,
             17
             
               Car.
               2.
               p.
            
             183.
             
             
               
                 Notes
                 thereupon
                 ,
                 p.
                 187.
                 
              
            
          
           
             The
             Act
             of
             the
             
               22th
               .
               Car.
               2.
               cap.
            
             1.
             
             To
             
               prevent
               and
               suppress
               seditious
               Conventicles
               ,
               p.
            
             188.
             
          
           
             Notes
             upon
             that
             Act
             ,
             p.
             197.
             
          
           
             An
             Abstract
             of
             the
             several
             Laws
             in
             Force
             against
             Popery
             and
             Papists
             ,
             p.
             200.
             to
             p.
             204.
             
          
           
             A
             Discourse
             of
             Juries
             ,
             and
             the
             Advantages
             English
             men
             enjoy
             thereby
             .
             p.
             205.
             
          
           
             What
             persons
             ought
             to
             be
             Jury
             men
             and
             how
             Qualified
             ,
             p.
             209.
             
          
           
             
             Jurors
             in
             Antient
             Law-books
             call'd
             
               Judges
               ,
               p.
            
             211.
             
          
           
             Of
             the
             Duty
             of
             Grand
             Juries
             ,
             p.
             212.
             
          
           
             Their
             Oath
             ,
             p.
             213.
             
          
           
             That
             Juries
             are
             Judges
             of
             Law
             ,
             in
             some
             respects
             ,
             as
             well
             as
             Fact
             ,
             p.
             220.
             to
             p.
             223.
             
          
           
             That
             Juries
             are
             not
             fineable
             ,
             or
             any
             way
             to
             be
             punished
             under
             pretence
             of
             going
             contrary
             to
             Evidence
             ,
             or
             against
             the
             Judges
             Directions
             ,
             p.
             223.
             
          
           
             The
             Conclusion
             .
             Bushels
             Case
             reported
             by
             the
             Learned
             Sir
             
               John
               Vaughan
            
             ,
             Licensed
             by
             the
             present
             Lord
             Chancellor
             ,
             the
             Lord
             Chief
             Justice
             North
             ,
             and
             all
             the
             Judges
             then
             in
             England
             .
          
        
      
    
     
       
         
         
         
           THE
           PROEM
           .
        
         
           THE
           Constitution
           of
           our
           English
           Government
           (
           the
           best
           in
           the
           World
           )
           is
           no
           Arbitrary
           Tyranny
           ,
           like
           the
           Turkish
           Grand
           Seignior's
           ,
           or
           the
           French
           Kings
           ,
           whose
           Wills
           (
           or
           rather
           Lusts
           )
           dispose
           of
           the
           Lives
           and
           Fortunes
           of
           their
           unhappy
           Subjects
           ;
           Nor
           an
           Oligarchy
           ,
           where
           the
           great
           ones
           (
           like
           Fish
           in
           the
           Ocean
           )
           prey
           upon
           ,
           and
           live
           by
           devouring
           the
           lesser
           at
           their
           pleasure
           :
           Nor
           yet
           
             a
             Democracy
          
           or
           popular
           State
           ,
           much
           less
           an
           Anarchy
           ,
           where
           all
           confusedly
           are
           
             hail
             fellows
             well
             met
          
           .
           But
           a
           most
           excellently
           mixt
           or
           
             qualified
             Monarchy
          
           ,
           where
           the
           King
           is
           vested
           with
           large
           Prerogatives
           sufficient
           to
           support
           Majesty
           ;
           and
           restrain'd
           only
           from
           Power
           of
           doing
           himself
           and
           his
           People
           harm
           ,
           (
           which
           would
           be
           contrary
           to
           the
           very
           end
           of
           all
           Government
           ,
           and
           is
           properly
           rather
           weakness
           than
           power
           )
           the
           Nobility
           adorn'd
           with
           Priviledges
           to
           be
           a
           Screen
           to
           Majesty
           ,
           and
           a
           refreshing
           Shade
           to
           their
           
           Inferiours
           ,
           and
           the
           Commonalty
           too
           ,
           so
           Guarded
           in
           their
           Persons
           and
           Properties
           by
           the
           fence
           of
           Law
           ,
           as
           renders
           them
           Free-men
           ,
           not
           Slaves
           .
        
         
           In
           France
           and
           other
           Nations
           the
           meer
           Will
           of
           the
           Prince
           
             is
             Law
          
           ,
           his
           Word
           takes
           off
           any
           mans
           Head
           ,
           imposes
           Taxes
           ,
           or
           seizes
           any
           mans
           Estate
           ,
           when
           ,
           how
           ,
           and
           as
           often
           as
           he
           lists
           ;
           and
           if
           one
           be
           Accused
           ,
           or
           but
           so
           much
           as
           suspected
           of
           any
           Crime
           ,
           he
           may
           either
           presently
           Execute
           him
           ,
           or
           Banish
           ,
           or
           Imprison
           him
           at
           pleasure
           ;
           or
           if
           he
           will
           be
           so
           Gracious
           as
           to
           proceed
           by
           Form
           of
           their
           Laws
           ,
           if
           any
           
             two
             Villains
          
           will
           but
           swear
           against
           the
           poor
           Party
           ,
           his
           Life
           is
           gone
           .
           Nay
           ,
           if
           there
           be
           
             no
             Witnesses
          
           ,
           yet
           he
           may
           be
           put
           to
           the
           Rack
           ,
           the
           Tortures
           whereof
           make
           many
           an
           Innocent
           Person
           confess
           himself
           Guilty
           ,
           and
           then
           with
           seeming
           Justice
           he
           is
           Executed
           ;
           or
           if
           he
           prove
           
             so
             stout
          
           as
           in
           Torments
           to
           deny
           the
           Fact
           ,
           yet
           he
           comes
           off
           with
           
             Disjoynted
             Bones
          
           ,
           and
           such
           Weakness
           as
           renders
           his
           Life
           a
           Burthen
           to
           him
           ever
           after
           .
        
         
           But
           in
           England
           ,
           the
           Law
           is
           both
           the
           
             Measure
             and
             the
             Bond
          
           of
           every
           Subjects
           Duty
           and
           Allegiance
           ,
           each
           man
           having
           a
           fixed
           Fundamental
           Right
           born
           with
           him
           ,
           as
           to
           
             Freedom
             of
             his
             Person
          
           ,
           and
           
             Property
             in
             his
             Estate
          
           ,
           which
           he
           cannot
           be
           deprived
           of
           ,
           but
           either
           by
           his
           consent
           ,
           or
           some
           Crime
           ,
           for
           which
           the
           Law
           has
           Impos'd
           such
           a
           Penalty
           or
           Forfeiture
           .
           For
           all
           our
           Kings
           take
           a
           solemn
           Oath
           ,
           1
           At
           their
           Coronation
           ,
           
             to
             Observe
             and
             cause
             the
             Laws
             to
             be
             kept
             ,
          
           which
           was
           done
           by
           our
           present
           most
           Gracious
           Soveraign
           :
           2
           Likewise
           all
           our
           Judges
           take
           an
           Oath
           ,
           wherein
           amongst
           other
           points
           ,
           they
           swear
           ,
           3
           
             To
             do
             equal
             Law
             ,
             and
             Right
             to
             all
             the
             Kings
             Subjects
             ,
             Rich
             and
             Poor
             ,
             and
             not
             to
             delay
             any
             Person
             of
             Common
             Right
             for
             the
             Letters
             of
             the
             King
             ,
             
             or
             of
             any
             other
             Person
             ,
             or
             for
             any
             other
             Cause
             ;
             But
             if
             any
             such
             Letters
             come
             to
             them
             ,
             they
             shall
             proceed
             to
             do
             the
             Law
             ,
             the
             same
             Letters
             notwithstanding
             :
          
           Therefore
           saith
           Fortesoue
           (
           who
           was
           first
           
             Chief
             Justice
          
           ,
           and
           afterwards
           Lord
           Chancellor
           to
           King
           
             Henry
             the
          
           6th
           .
           )
           in
           his
           Book
           
             de
             Laudibus
             Legum
             Angliae
          
           ,
           cap.
           9.
           
           
             Non
             potest
             Rex
             Angliae
          
           ,
           &c.
           
             The
             King
             of
          
           England
           
             cannot
             alter
             nor
             change
             the
             Laws
             of
             his
             Realm
             at
             his
             pleasure
             ;
             For
             why
             ,
             he
             Governeth
             his
             People
             by
             Power
             not
             only
             Royal
             ,
             but
             also
             Politick
             ;
             If
             his
             Power
             over
             them
             were
             only
             Regal
             ,
             then
             he
             might
             change
             the
             Laws
             of
             his
             Realm
             ,
             and
             charge
             his
             Subjects
             with
             Tallage
             and
             other
             Burthens
             without
             their
             consent
             ,
             and
             such
             is
             the
             Dominion
             that
             the
             Civil
             Laws
             purport
             ,
             when
             they
             cry
             ,
          
           Quod
           principi
           plecuit
           Legis
           habet
           Vigorom
           ,
           
             The
             Princes
             pleasure
             has
             the
             force
             of
             a
             Law.
             But
             from
             this
             much
             differeth
             the
             power
             of
             a
             King
             ,
             whose
             Government
             over
             his
             People
             is
             Politick
             ;
             For
             he
             can
             neither
             change
             Laws
             without
             the
             consent
             of
             his
             Subjects
             ,
             nor
             yet
             charge
             them
             with
             Impositions
             against
             their
             Wills
             ;
             Wherefore
             his
             People
             do
             frankly
             and
             freely
             enjoy
             and
             occupy
             their
             own
             Goods
             ,
             being
             Ruled
             by
             such
             Laws
             as
             they
             themselves
             desire
             .
          
           Thus
           Fortescue
           ;
           with
           whom
           Accords
           Bracton
           a
           Reverend
           Judge
           and
           Law-Author
           in
           the
           Reign
           of
           King
           Henry
           the
           third
           ,
           saying
           —
           
             Rex
             in
             Regno
             suo
             superiores
             habet
             Deum
             &
             Legem
             ;
             The
             King
             in
             his
             Realm
             hath
             two
             Superiors
             ,
             God
             and
             the
             Law
          
           ;
           for
           he
           is
           under
           the
           Directive
           ,
           though
           not
           Coercive
           Power
           of
           the
           Law
           ;
           and
           on
           the
           same
           Score
           Judge
           Vaughan
           speaking
           of
           our
           
             Fundamental
             Laws
          
           which
           are
           Coeval
           with
           the
           Government
           ,
           sticks
           not
           to
           say
           ,
           
             The
             Laws
             of
          
           England
           
             were
             never
             the
             Dictates
             of
             any
             Conquerors
             Sword
             ,
             or
             the
             Placita
             or
             good
             Will
             and
             pleasure
             of
             any
             King
             of
             this
             Nation
             ,
             or
             to
             speak
             Impartially
             and
             Freely
             ,
             the
             Results
             of
             any
             Parliament
             that
             ever
             sate
             in
             this
             Land.
          
           And
           the
           late
           cited
           Fortescue
           ,
           in
           his
           
           13
           chap.
           has
           a
           very
           apt
           similitude
           to
           Illustrate
           and
           Demonstrate
           this
           ,
           
             The
             Law
          
           ,
           (
           says
           he
           )
           
             taketh
             its
             name
          
           ,
           a
           Ligando
           ,
           
             to
             bind
             ,
             for
             thereby
             the
             Politick
             Body
             is
             knit
             and
             preserv'd
             together
             ,
             as
             the
             Natural
             Body
             by
             the
             Bones
             and
             Sinews
             ,
             and
             Members
             ,
             which
             retain
             every
             one
             their
             proper
             Functions
             ;
             And
             as
             the
             Head
             of
             a
             Body
             Natural
             cannot
             change
             his
             Sinews
             ,
             nor
             cannot
             deny
             or
             with-hold
             from
             his
             inferiour
             Members
             ,
             their
             peculiar
             Powers
             and
             several
             nourishments
             of
             Blood
             and
             Spirits
             ,
             no
             more
             can
             a
             King
             ,
             which
             is
             the
             Head
             of
             a
             Body
             Politick
             ,
             change
             the
             Laws
             of
             that
             Body
             ,
             nor
             withdraw
             from
             his
             People
             their
             proper
             Substance
             ,
             against
             their
             Wills
             and
             Consents
             in
             that
             behalf
             .
          
        
         
           'T
           is
           true
           ,
           the
           Law
           it self
           affirms
           ,
           
             The
             King
             can
             do
             no
             wrong
             ,
          
           which
           proceeds
           not
           only
           from
           a
           presumption
           ,
           that
           so
           Excellent
           a
           Person
           
             will
             do
             none
          
           :
           But
           also
           because
           he
           Acts
           nothing
           but
           
             by
             Ministers
          
           ,
           which
           (
           from
           the
           lowest
           to
           the
           highest
           )
           are
           answerable
           for
           their
           doings
           ,
           so
           that
           it
           a
           King
           in
           Passion
           should
           command
           A.
           to
           kill
           B.
           without
           process
           of
           Law
           ,
           A.
           may
           yet
           be
           prosecuted
           by
           Indictment
           ,
           or
           upon
           
             an
             Appeal
          
           ,
           (
           where
           no
           Royal
           Pardon
           is
           allowable
           )
           and
           must
           for
           the
           same
           be
           Executed
           ,
           such
           Command
           notwithstanding
           .
        
         
           This
           Original
           happy
           frame
           of
           Government
           is
           truly
           and
           properly
           call'd
           an
           
             English
             mans
             Liberty
          
           ,
           a
           Priviledge
           not
           to
           exempt
           from
           the
           Law
           ,
           but
           to
           be
           freed
           in
           Person
           and
           Estate
           ,
           from
           Arbitrary
           Violence
           and
           Oppression
           ;
           A
           
             greater
             Inheritance
          
           (
           saith
           Judge
           
             Cook
             )
             is
             deriv'd
             to
             every
             one
             of
             us
             from
             our
             Laws
             that
             from
             our
             Parents
          
           ;
           For
           without
           the
           former
           ,
           what
           would
           the
           latter
           signifie
           ?
           And
           this
           Birth-right
           of
           English-men
           ,
           shines
           most
           conspicuously
           in
           two
           things
           :
           1.
           
           Parliaments
           .
           2.
           
           Juries
           .
        
         
           By
           the
           first
           the
           Subject
           has
           a
           share
           by
           his
           chosen
           Representatives
           in
           the
           Legislative
           (
           or
           Law-making
           )
           Power
           ,
           for
           no
           new
           Laws
           bind
           the
           People
           
           of
           England
           ,
           but
           such
           as
           are
           by
           common
           consent
           agreed
           on
           in
           that
           great
           Council
           .
        
         
           By
           the
           second
           ,
           He
           has
           a
           share
           in
           the
           Executive
           part
           of
           the
           Law
           ,
           no
           Causes
           being
           Tryed
           ,
           nor
           any
           man
           Adjudged
           to
           lose
           Life
           ,
           Member
           or
           Estate
           ,
           but
           upon
           the
           Verdict
           of
           his
           Peers
           (
           or
           Equals
           )
           his
           Neighbours
           ,
           and
           of
           his
           own
           Condition
           :
           these
           two
           Grand
           Pillars
           of
           English
           Liberty
           ,
           are
           the
           Fundamental
           Vital
           Priviledges
           ,
           whereby
           we
           have
           been
           ,
           and
           are
           preserv'd
           more
           free
           and
           happy
           than
           any
           other
           People
           in
           the
           World
           ,
           and
           (
           we
           trust
           )
           shall
           ever
           continue
           so
           ;
           For
           whoever
           shall
           design
           to
           Impair
           ,
           Pervert
           ,
           or
           Undermine
           either
           of
           these
           ,
           do
           strike
           at
           the
           very
           Conisttution
           of
           our
           Government
           ,
           and
           ought
           to
           be
           Prosecuted
           and
           Punished
           with
           the
           utmost
           Zeal
           and
           Rigour
           .
           To
           cut
           down
           the
           Banks
           ,
           and
           let
           in
           the
           Sea
           ,
           or
           to
           Poyson
           all
           the
           
             Springs
             and
             Rivers
          
           in
           the
           Kingdom
           ,
           could
           not
           be
           a
           greater
           Mischief
           ;
           for
           this
           would
           only
           affect
           the
           present
           Age
           ,
           but
           the
           other
           will
           Ruine
           and
           Enslave
           all
           our
           Posterity
           .
        
         
           But
           besides
           these
           General
           
             Paramount
             Priviledges
          
           which
           the
           English
           are
           Estated
           in
           by
           the
           Original
           Constitution
           of
           their
           Government
           ,
           there
           are
           others
           more
           particularly
           declared
           and
           expressed
           in
           diverse
           
             Acts
             of
             Parliament
          
           ,
           of
           which
           several
           of
           the
           most
           remarkable
           and
           usefull
           are
           here
           presented
           at
           large
           to
           the
           Reader
           ,
           with
           some
           Notes
           thereupon
           ,
           for
           his
           better
           understanding
           of
           the
           same
           .
        
      
       
         
         
           
             
               MAGNA
               CHARTA
            
             ,
             or
             the
             Great
             Charter
             made
             in
             the
             ninth
             Year
             of
             King
             Henry
             the
             Third
             ,
             and
             confirmed
             by
             King
             Edward
             the
             First
             ,
             in
             the
             eight
             and
             twentieth
             Year
             of
             his
             Reign
             .
          
           
             
               EDward
               ,
               
                 By
                 the
                 Grace
                 of
                 God
                 ,
                 King
                 of
              
               England
               ,
               
                 Lord
                 of
              
               Ireland
               ,
               
                 and
                 Duke
                 of
              
               Guyan
               :
            
             
               
                 To
                 all
                 Arch-Bishops
                 ,
                 Bishops
              
               ,
               &c.
               
            
          
           
             
               We
               have
               seen
               the
               great
               Charter
               of
               the
               Lord
            
             Henry
             ,
             
               sometimes
               King
               of
            
             England
             ,
             
               our
               Father
               ,
               of
               the
               Liberties
               of
            
             England
             ,
             
               in
               these
               Words
            
             .
          
           
             HEnry
             ,
             
               By
               the
               Grace
               of
               God
               ,
               King
               of
            
             England
             ,
             
               Lord
               of
            
             Ireland
             ,
             
               Duke
               of
            
             Normandy
             and
             Guyan
             ,
             
               and
               Earl
               of
            
             Anjou
             ;
             
               To
               all
               Arch-Bishops
               ,
               Bishops
               ,
               Abbots
               ,
               Priors
               ,
               Earls
               ,
               Barons
               ,
               Sheriffs
               ,
               Provosts
               ,
               Officers
               ,
               and
               to
               all
               Baysliffs
               ,
               and
               other
               our
               Faithful
               Subjects
               ,
               which
               shall
               see
               this
               present
               Charter
               ,
               Greeting
               .
               Know
               you
               ,
               that
               We
               unto
               the
               Honour
               of
               Almighty
               God
               ,
               and
               for
               the
               Salvation
               of
               the
               Souls
               of
               our
               Progenitors
               and
               Successors
               ,
               Kings
               of
            
             England
             ,
             
               to
               the
               Advancement
               of
               Holy
               Church
               ,
               and
               Amendment
               of
               our
               Realm
               ,
               of
               our
               meer
               and
               free
               Will
               ,
               have
               Given
               and
               Granted
               to
               all
               Arch-Bishops
               ,
               Bishops
               ,
               Abbots
               ,
               Priors
               ,
               Earls
               ,
               Barons
               ,
               and
               to
               all
               Free-men
               of
               this
               our
               Realm
               ,
               these
               Liberties
               following
               ,
               to
               be
               kept
               in
               our
               Kingdom
               of
            
             England
             
               for
               ever
            
             .
          
           
             
               CHAP.
               I.
               
            
             
               A
               Confirmation
               of
               Liberties
               .
            
             
               FIrst
               ,
               We
               have
               granted
               to
               God
               ,
               and
               by
               this
               our
               present
               Charter
               have
               confirm'd
               for
               Us
               &
               our
               Heirs
               for
               ever
               ;
               That
               the
               Church
               of
               England
               shall
               be
               free
               ,
               
               and
               shall
               have
               all
               her
               whole
               Rights
               and
               Liberties
               Inviolable
               .
               (
               2
               )
               We
               have
               granted
               also
               ,
               and
               given
               to
               all
               the
               Free-men
               of
               our
               Realm
               ,
               for
               Us
               and
               our
               Heirs
               for
               ever
               ,
               these
               Liberties
               under-written
               ,
               to
               have
               and
               to
               hold
               to
               them
               and
               their
               Heirs
               for
               ever
               .
            
          
           
             
               CHAP.
               II.
               
            
             
               The
               Relief
               of
               the
               Kings
               Tenant
               of
               full
               Age.
               
            
             
               IF
               any
               of
               our
               Earls
               or
               Barons
               ,
               or
               any
               other
               which
               Hold
               of
               Us
               in
               Chief
               by
               Knights
               Service
               ,
               dye
               ,
               and
               at
               the
               time
               of
               his
               Death
               ,
               his
               Heir
               be
               of
               full
               Age
               ,
               and
               oweth
               to
               us
               Relief
               ,
               he
               shall
               have
               his
               Inheritance
               by
               the
               old
               Relief
               ,
               that
               is
               to
               say
               ,
               the
               Heir
               or
               Heirs
               of
               an
               Earl
               ,
               for
               a
               whole
               Earldom
               ,
               by
               one
               hundred
               pound
               :
               the
               Heir
               or
               Heirs
               of
               a
               Baron
               for
               an
               whole
               Barony
               ,
               by
               one
               hundred
               marks
               :
               the
               Heir
               or
               Heirs
               of
               a
               Knight
               ,
               for
               one
               whole
               Knights
               Fee
               ,
               one
               hundred
               shillings
               at
               the
               most
               .
               And
               he
               that
               hath
               less
               shall
               give
               less
               ,
               according
               to
               the
               old
               Custom
               of
               the
               Fees.
               
            
          
           
             
               CHAP.
               III.
               
            
             
               The
               Wardship
               of
               an
               Heir
               within
               Age
               ;
               The
               Heir
               a
               Knight
               .
            
             
               BUt
               if
               the
               Heir
               of
               any
               such
               be
               within
               Age
               ,
               his
               Lord
               shall
               not
               have
               the
               Ward
               of
               him
               ,
               nor
               of
               his
               Land
               ,
               before
               that
               he
               hath
               taken
               of
               him
               Homage
               .
               (
               2.
               )
               And
               after
               that
               such
               an
               Heir
               hath
               been
               in
               Ward
               (
               when
               he
               is
               come
               to
               full
               Age
               )
               that
               is
               to
               say
               ,
               to
               the
               Age
               of
               one
               and
               twenty
               Years
               ,
               he
               shall
               have
               his
               Inheritance
               without
               Relief
               ,
               and
               without
               time
               ;
               so
               that
               if
               such
               an
               Heir
               being
               within
               Age
               be
               made
               Knight
               ,
               yet
               nevertheless
               his
               Land
               shall
               remain
               in
               the
               keeping
               of
               his
               Lord
               unto
               the
               Term
               aforesaid
               .
            
          
           
             
               CHAP.
               IV.
               
            
             
               No
               wast
               shall
               be
               made
               by
               a
               Guardian
               in
               Wards
               Lands
               .
            
             
               THE
               Keeper
               of
               the
               Land
               of
               such
               an
               Heir
               being
               within
               Age
               ,
               shall
               not
               take
               of
               the
               Lands
               of
               the
               Heir
               but
               reasonable
               Issues
               ,
               reasonable
               Customs
               ,
               
               and
               Reasonable
               Services
               ,
               and
               that
               without
               destruction
               ,
               and
               waste
               of
               his
               Men
               and
               his
               Goods
               .
               (
               2.
               )
               And
               if
               we
               commit
               the
               Custody
               of
               any
               such
               Land
               to
               the
               Sheriff
               ,
               or
               to
               any
               other
               ,
               which
               is
               answerable
               unto
               us
               for
               the
               Issues
               of
               the
               same
               Land
               ,
               and
               he
               make
               destruction
               or
               waste
               of
               those
               things
               that
               he
               hath
               in
               Custody
               ,
               we
               will
               take
               of
               him
               amends
               and
               recompence
               therefore
               .
               (
               3.
               )
               And
               the
               Land
               shall
               be
               committed
               to
               two
               lawful
               and
               discreet
               men
               of
               that
               Fee
               ,
               which
               shall
               answer
               unto
               Us
               for
               the
               Issues
               of
               the
               same
               Land
               ,
               or
               unto
               him
               whom
               we
               will
               Assign
               .
               (
               4.
               )
               And
               if
               we
               give
               or
               sell
               to
               any
               man
               the
               Custody
               of
               any
               such
               Land
               ,
               and
               he
               therein
               do
               make
               destruction
               or
               waste
               ,
               he
               shall
               lose
               the
               same
               Custody
               .
               And
               it
               shall
               be
               Assigned
               to
               two
               lawful
               and
               discreet
               men
               of
               that
               Fee
               ,
               which
               also
               in
               like
               manner
               shall
               be
               answerable
               to
               Us
               ,
               as
               afore
               is
               said
               .
            
          
           
             
               CHAP.
               V.
               
            
             
               Guardians
               shall
               maintain
               the
               Inheritance
               of
               their
               Wards
               :
               And
               of
               Bishopricks
               .
            
             
               THe
               Keeper
               ,
               so
               long
               as
               he
               hath
               the
               Custody
               of
               the
               Land
               of
               such
               an
               Heir
               shall
               keep
               up
               the
               Houses
               ,
               Parks
               ,
               Warrens
               ,
               Ponds
               ,
               Mills
               ,
               and
               other
               things
               pertaining
               to
               the
               same
               Land
               ,
               with
               the
               Issues
               of
               the
               said
               Land
               :
               And
               he
               shall
               deliver
               to
               the
               Heir
               ,
               when
               he
               cometh
               to
               his
               full
               Age
               ,
               all
               his
               Land
               ,
               stored
               with
               Ploughs
               and
               all
               other
               things
               ,
               at
               the
               least
               as
               he
               receiv'd
               it
               .
               All
               these
               things
               shall
               be
               observed
               in
               the
               Custody
               of
               Arch-Bishopricks
               ,
               Bishopricks
               ,
               Abbeys
               ,
               Priories
               ,
               Churches
               and
               Dignities
               vacant
               ,
               which
               appertain
               to
               Us
               :
               Except
               this
               ,
               that
               such
               Custody
               shall
               not
               be
               sold
               .
            
          
           
             
               CHAP.
               VI.
               
            
             
               Heirs
               shall
               be
               Married
               without
               Disparagement
               .
            
             
               HEirs
               shall
               be
               Married
               without
               Disparagement
               .
            
          
           
             
             
               CHAP.
               VII
               .
            
             
               A
               Widow
               shall
               have
               her
               Marriage
               ,
               Inheritance
               ,
               and
               Quarentine
               .
               The
               Kings
               Widow
               .
            
             
               A
               Widow
               after
               the
               Death
               of
               her
               Husband
               ,
               Incontinent
               and
               without
               any
               difficulty
               ,
               shall
               have
               her
               Marriage
               ,
               and
               her
               Inheritance
               .
               (
               2.
               )
               And
               shall
               give
               nothing
               for
               her
               Dower
               ,
               her
               Marriage
               ,
               or
               her
               Inheritance
               ,
               which
               her
               Husband
               and
               She
               held
               the
               day
               of
               the
               Death
               of
               her
               Husband
               .
               (
               3.
               )
               And
               She
               shall
               tarry
               in
               the
               chief
               House
               of
               her
               Husband
               ,
               by
               forty
               days
               after
               the
               Death
               of
               her
               Husband
               ,
               within
               which
               days
               her
               Dower
               shall
               be
               Assigned
               her
               ,
               (
               if
               it
               were
               not
               Assigned
               her
               before
               )
               or
               that
               the
               House
               be
               a
               Castle
               .
               (
               4.
               )
               And
               if
               she
               depart
               from
               the
               Castle
               ,
               then
               a
               competent
               House
               shall
               be
               forthwith
               provided
               for
               her
               ,
               in
               the
               which
               She
               may
               honestly
               dwell
               ,
               until
               her
               Dower
               be
               to
               her
               Assigned
               ,
               as
               it
               is
               aforesaid
               ;
               And
               She
               shall
               have
               in
               the
               mean-time
               her
               reasonable
               Estovers
               of
               the
               Common
               .
               (
               5.
               )
               And
               for
               her
               Dower
               shall
               be
               Assigned
               unto
               her
               the
               third
               part
               of
               all
               the
               Lands
               of
               her
               Husband
               ,
               which
               were
               his
               during
               Coverture
               ,
               except
               She
               were
               endowed
               of
               less
               at
               the
               Church
               door
               .
               (
               6.
               )
               No
               Widow
               shall
               be
               distrained
               to
               Marry
               her self
               :
               Nevertheless
               She
               shall
               find
               surety
               ,
               that
               She
               shall
               not
               Marry
               without
               our
               License
               and
               Assent
               (
               if
               She
               hold
               of
               Us
               )
               nor
               without
               the
               Assent
               of
               the
               Lord
               ,
               if
               She
               hold
               of
               another
               .
            
          
           
             
               CHAP.
               VIII
               .
            
             
               How
               Sureties
               shall
               be
               charged
               to
               the
               King.
               
            
             
               WE
               or
               our
               Bailiffs
               ,
               shall
               not
               seize
               any
               Land
               or
               Rent
               for
               any
               Debt
               ,
               as
               long
               as
               the
               present
               Goods
               and
               Chattels
               of
               the
               Debtor
               do
               suffice
               to
               pay
               the
               Debt
               ,
               and
               the
               Debtor
               himself
               be
               ready
               to
               satisfie
               therefore
               .
               (
               2.
               )
               Neither
               shall
               the
               Pledges
               of
               the
               Debtor
               be
               distrained
               ,
               as
               long
               as
               the
               principal
               Debtor
               is
               sufficient
               for
               the
               payment
               of
               the
               Debt
               .
               (
               3.
               )
               And
               if
               the
               principal
               Debtor
               fail
               in
               the
               payment
               of
               the
               Debt
               ,
               having
               nothing
               wherewith
               to
               
               Pay
               ,
               or
               will
               not
               pay
               where
               he
               is
               able
               ,
               the
               pledges
               shall
               answer
               for
               the
               Debt
               .
               (
               4.
               )
               And
               if
               they
               will
               ,
               they
               shall
               have
               the
               Lands
               and
               Rents
               of
               the
               Debtor
               untill
               they
               be
               satisfied
               of
               that
               which
               they
               before
               payed
               for
               him
               ,
               except
               that
               the
               Debtor
               can
               shew
               himself
               to
               be
               acquitted
               against
               the
               said
               Sureties
               .
            
          
           
             
               CHAP.
               IX
               .
            
             
               The
               Liberties
               of
               London
               ,
               and
               other
               Cities
               and
               Towns
               Confirmed
               .
            
             
               THe
               City
               of
               London
               shall
               have
               all
               the
               old
               Liberties
               and
               Customs
               which
               it
               hath
               been
               used
               to
               have
               .
               Moreover
               ,
               we
               Will
               and
               Grant
               ,
               that
               all
               other
               Cities
               and
               Borroughs
               ,
               Towns
               ,
               and
               the
               Barons
               of
               the
               five
               Ports
               ,
               and
               all
               other
               Ports
               ,
               shall
               have
               all
               their
               Liberties
               and
               free
               Customs
               .
            
          
           
             
               CHAP.
               X.
               
            
             
               None
               shall
               distrain
               for
               more
               Service
               than
               is
               due
               .
            
             
               NO
               man
               shall
               be
               distrained
               to
               do
               more
               Service
               for
               a
               Knights
               Fee
               ,
               nor
               for
               any
               Freeholder
               ,
               than
               therefore
               is
               due
               .
            
          
           
             
               CHAP.
               XI
               .
            
             
               Common-Pleas
               ,
               shall
               not
               follow
               the
               Kings
               Court.
               
            
             
               COmmon-Pleas
               shall
               not
               follow
               our
               Court
               ,
               but
               shall
               be
               holden
               in
               some
               place
               certain
               .
            
          
           
             
               CHAP.
               XII
               .
            
             
               Where
               ,
               and
               before
               whom
               Assizes
               shall
               be
               taken
               .
               Adjournment
               for
               Difficulty
               .
            
             
               ASsizes
               of
               
                 Novel
                 Diss●isin
              
               and
               of
               Mortdancester
               ,
               shall
               not
               be
               taken
               but
               in
               the
               Shires
               ,
               and
               after
               this
               manner
               :
               If
               we
               be
               out
               of
               this
               Realm
               ,
               our
               Chief
               Justicers
               shall
               send
               our
               Justicers
               through
               every
               County
               once
               in
               the
               Year
               ;
               Which
               ,
               with
               the
               Knights
               of
               the
               Shire
               ,
               shall
               take
               the
               said
               Assizes
               in
               those
               Counties
               .
               (
               2.
               )
               And
               those
               things
               that
               at
               the
               coming
               of
               our
               foresaid
               Justicers
               ,
               being
               sent
               to
               take
               those
               Assizes
               in
               the
               Counties
               ,
               cannot
               be
               determined
               ,
               shall
               be
               ended
               by
               them
               in
               some
               other
               place
               in
               their
               Circuit
               .
               (
               3.
               )
               And
               those
               things
               which
               for
               difficulty
               
               of
               some
               Articles
               cannot
               be
               determined
               by
               them
               ,
               shall
               be
               referred
               to
               our
               Justicers
               of
               the
               Bench
               ,
               and
               there
               shall
               be
               ended
               .
            
          
           
             
               CHAP.
               XIII
               .
            
             
               Assizes
               of
               Darrein
               Presentment
               .
            
             
               ASsizes
               of
               Darrein
               Presentment
               ,
               shall
               be
               always
               taken
               before
               our
               Justicers
               of
               the
               Bench
               ,
               and
               there
               shall
               be
               determined
               .
            
          
           
             
               CHAP.
               XIV
               .
            
             
               How
               men
               of
               all
               sorts
               shall
               be
               amerced
               ,
               and
               by
               whom
               .
            
             
               A
               Free-man
               shall
               not
               be
               amerced
               for
               a
               small
               fault
               ,
               but
               after
               the
               manner
               of
               the
               fault
               .
               And
               for
               a
               great
               fault
               after
               the
               greatness
               thereof
               ,
               saving
               to
               him
               his
               contenement
               .
               (
               2.
               )
               And
               a
               Merchant
               likewise
               ,
               saving
               to
               him
               his
               Merchandize
               .
               (
               3.
               )
               And
               any
               others
               Villain
               than
               ours
               shall
               be
               likewise
               amerced
               ,
               saving
               his
               Wainage
               ,
               if
               he
               fall
               into
               our
               mercy
               .
               (
               4.
               )
               And
               none
               of
               the
               said
               amerciaments
               shall
               be
               Assessed
               ,
               but
               by
               the
               Oath
               of
               honest
               and
               lawful
               men
               of
               the
               Vicinage
               .
               (
               5.
               )
               Earls
               and
               Barons
               ,
               shall
               not
               be
               amerced
               ,
               but
               by
               their
               Peers
               ,
               and
               after
               the
               manner
               of
               their
               offence
               .
               (
               6.
               )
               No
               man
               of
               the
               Church
               shall
               be
               〈…〉
               after
               the
               quantity
               of
               his
               Spiritual
               Benefice
               ,
               but
               after
               his
               Lay-tenement
               ,
               and
               after
               the
               quantity
               of
               his
               offence
               .
            
          
           
             
               CHAP.
               XV.
               
            
             
               Making
               of
               Bridges
               and
               Banks
               .
            
             
               NO
               Town
               nor
               Freeman
               shall
               be
               distrained
               to
               make
               Bridges
               nor
               Banks
               ,
               but
               such
               as
               of
               old
               time
               ,
               and
               of
               right
               have
               been
               accustomed
               to
               make
               them
               in
               the
               time
               of
               King
               Henry
               our
               Grandfather
               .
            
          
           
             
               CHAP.
               XVI
               .
            
             
               Defending
               of
               Banks
               .
            
             
               NO
               Banks
               shall
               be
               defended
               from
               henceforth
               ,
               but
               such
               as
               were
               in
               defence
               in
               the
               time
               of
               King
               Henry
               our
               Grandfather
               ,
               by
               the
               same
               places
               ,
               and
               the
               same
               bounds
               as
               they
               were
               wont
               to
               be
               in
               his
               time
               .
            
          
           
             
             
               CHAP.
               XVII
               .
            
             
               Holding
               Pleas
               of
               the
               Crown
               .
            
             
               NO
               Sheriff
               ,
               Constable
               ,
               Escheator
               ,
               Coroner
               ,
               nor
               any
               other
               our
               Bayliffs
               ,
               shall
               hold
               Pleas
               of
               our
               Crown
               .
            
          
           
             
               CHAP.
               XVIII
               .
            
             
               The
               Kings
               Debtor
               dying
               ,
               the
               King
               shall
               be
               first
               paid
               .
            
             
               IF
               any
               that
               holdeth
               of
               Us
               Lay-fee
               do
               dye
               ,
               and
               our
               Sheriff
               or
               Bayliff
               do
               shew
               our
               Letters
               Patents
               of
               our
               Summons
               for
               Debt
               ,
               which
               the
               Dead
               man
               did
               owe
               to
               us
               :
               It
               shall
               be
               lawful
               to
               our
               Sheriff
               or
               Bayliff
               ,
               to
               Attach
               and
               Inroll
               all
               the
               Goods
               and
               Chattels
               of
               the
               Dead
               ,
               being
               found
               in
               the
               said
               Fee
               ,
               to
               the
               value
               of
               the
               same
               Debt
               ,
               by
               the
               sight
               and
               testimony
               of
               lawful
               men
               ;
               So
               that
               nothing
               thereof
               be
               taken
               away
               ,
               until
               we
               be
               clearly
               paid
               off
               the
               Debt
               .
               (
               2.
               )
               And
               the
               residue
               shall
               remain
               to
               the
               Executors
               ,
               to
               perform
               the
               Testament
               of
               the
               Dead
               .
               (
               3.
               )
               And
               if
               nothing
               be
               owing
               to
               Us
               ,
               all
               the
               Chattels
               shall
               goe
               to
               the
               use
               of
               the
               Dead
               (
               saying
               to
               his
               Wise
               and
               Children
               the
               Reasonable
               parts
               .
               )
            
          
           
             
               CHAP.
               XIX
               .
            
             
               Purveyance
               for
               a
               Castle
               .
            
             
               NO
               Constable
               ,
               nor
               his
               Bayliff
               shall
               take
               Corn
               or
               other
               Chattels
               of
               any
               man
               ,
               if
               the
               man
               be
               not
               of
               the
               Town
               where
               the
               Castle
               is
               ,
               but
               he
               shall
               forthwith
               pay
               for
               the
               same
               ,
               unless
               that
               the
               Will
               of
               the
               Seller
               was
               to
               respite
               the
               payment
               .
               (
               2.
               )
               And
               if
               he
               be
               of
               the
               same
               Town
               ,
               the
               price
               shall
               be
               paid
               unto
               him
               within
               forty
               days
               .
            
          
           
             
               CHAP.
               XX.
               
            
             
               Doing
               of
               Castle
               Ward
               .
            
             
               NO
               Constable
               shall
               distrain
               any
               Knight
               for
               to
               give
               money
               for
               keeping
               of
               his
               Castle
               ,
               if
               he
               himself
               will
               do
               it
               in
               his
               proper
               person
               ,
               or
               cause
               it
               to
               be
               done
               by
               another
               sufficient
               man
               ,
               if
               he
               may
               not
               do
               it
               himself
               for
               a
               reasonable
               cause
               .
               (
               2.
               )
               And
               if
               we
               do
               lead
               or
               send
               him
               in
               an
               Arms
               ,
               he
               shall
               
               be
               free
               from
               Castle-ward
               for
               the
               time
               that
               he
               shall
               be
               with
               Us
               in
               Fee
               in
               our
               Host
               ,
               for
               the
               which
               he
               hath
               done
               Service
               in
               our
               Wars
               .
            
          
           
             
               CHAP.
               XXI
               .
            
             
               Taking
               of
               Horses
               ,
               Carts
               ,
               and
               Woods
               .
            
             
               NO
               Sheriff
               nor
               Bayliff
               of
               ours
               ,
               nor
               any
               other
               ,
               shall
               take
               the
               Horses
               or
               Carts
               of
               any
               man
               to
               make
               Carriage
               ,
               except
               he
               pay
               the
               old
               price
               limited
               ,
               that
               is
               to
               say
               ,
               for
               Carriage
               with
               two
               Horse
               ,
               10
               d.
               a
               day
               ,
               for
               three
               Horse
               14
               d.
               a
               day
               .
               (
               2.
               )
               No
               demesne
               Cart
               of
               any
               spiritual
               Person
               or
               Knight
               ,
               or
               any
               Lord
               ,
               shall
               be
               taken
               by
               our
               Bayliffs
               .
               (
               3.
               )
               Nor
               we
               ,
               nor
               our
               Bailiffs
               ,
               nor
               any
               other
               shall
               take
               any
               mans
               Wood
               for
               our
               Castles
               ,
               or
               other
               our
               Necessaries
               to
               be
               done
               ,
               but
               by
               the
               License
               of
               him
               whose
               the
               Wood
               is
               .
            
          
           
             
               CHAP.
               XXII
               .
            
             
               How
               long
               Felons
               Lands
               shall
               be
               holden
               by
               the
               King.
               
            
             
               WE
               will
               not
               hold
               the
               Lands
               of
               them
               that
               be
               be
               Convict
               of
               Felony
               but
               one
               Year
               and
               one
               day
               ,
               and
               then
               those
               Lands
               shall
               be
               delivered
               to
               the
               Lords
               of
               the
               Fee.
               
            
          
           
             
               CHAP.
               XXIII
               .
            
             
               In
               what
               place
               Wears
               shall
               be
               put
               down
               .
            
             
               ALL
               Wears
               from
               henceforth
               shall
               be
               utterly
               put
               down
               by
               Thames
               and
               Medway
               ,
               and
               through
               all
               England
               ,
               but
               only
               by
               the
               Sea-Co●ts
               .
            
          
           
             
               CHAP.
               XXIV
               .
            
             
               In
               what
               Case
               a
               
                 Praecipe
                 in
                 Capite
              
               ,
               is
               not
               grantable
               .
            
             
               THe
               Writ
               that
               is
               called
               
                 Praecipe
                 in
                 Capite
              
               ,
               shall
               be
               from
               henceforth
               granted
               to
               no
               Person
               of
               any
               Free-hold
               ,
               whereby
               any
               Free-man
               may
               lose
               his
               Court.
               
            
          
           
             
               CHAP.
               XXV
               .
            
             
               There
               shall
               be
               but
               one
               Measure
               throughout
               the
               Realm
               .
            
             
               ONe
               Measure
               of
               Wine
               shall
               be
               through
               our
               Realm
               ,
               and
               one
               Measure
               of
               Ale
               ,
               and
               Measure
               of
               Corn
               ,
               that
               is
               to
               say
               ,
               the
               Quarter
               of
               London
               .
               
               (
               2.
               )
               And
               one
               breadth
               of
               died
               Cloath
               ,
               Russets
               ,
               and
               Haberjects
               ,
               that
               is
               to
               say
               ,
               two
               yards
               within
               the
               Lists
               .
               (
               3.
               )
               And
               it
               shall
               be
               of
               Weights
               as
               it
               is
               of
               Measures
               .
            
          
           
             
               CHAP.
               XXVI
               .
            
             
               Inquisition
               of
               Life
               and
               Member
               .
            
             
               NOthing
               from
               henceforth
               shall
               be
               given
               for
               a
               Writ
               of
               Inquisition
               ,
               nor
               taken
               of
               him
               that
               prayeth
               Inquisition
               of
               Life
               or
               of
               Member
               ,
               but
               it
               shall
               be
               granted
               freely
               ,
               and
               not
               denyed
               .
            
          
           
             
               CHAP.
               XXVII
               .
            
             
               Tenure
               of
               the
               King
               ,
               in
               Socage
               ,
               and
               of
               another
               by
               Knights
               Service
               .
               Petit
               Serjeantry
               .
            
             
               IF
               any
               do
               hold
               of
               Us
               by
               Fee-farm
               ,
               or
               by
               Socage
               ,
               or
               Burgage
               ,
               &
               he
               holdeth
               Lands
               of
               another
               by
               Knights
               Service
               ,
               we
               will
               not
               have
               the
               Custody
               of
               his
               Heir
               ,
               nor
               of
               his
               Land
               ,
               which
               is
               holden
               of
               the
               Fee
               of
               another
               ,
               by
               reason
               of
               that
               Fee-farm
               ,
               Socage
               or
               Burgage
               .
               (
               2.
               )
               Neither
               will
               we
               have
               the
               Custody
               of
               such
               Fee-farm
               ,
               or
               Socage
               or
               Burgage
               ,
               except
               Knights
               Service
               be
               due
               unto
               Us
               out
               of
               the
               same
               Fee-farm
               .
               (
               4.
               )
               We
               will
               not
               have
               the
               Custody
               of
               the
               Heir
               ,
               or
               of
               any
               Land
               ,
               by
               occasion
               of
               any
               Petit
               Serjeantry
               that
               any
               man
               holdeth
               of
               Us
               by
               Service
               ,
               to
               pay
               a
               Knife
               ,
               an
               Arrow
               ,
               or
               the
               like
               .
            
          
           
             
               CHAP.
               XXVIII
               .
            
             
               Wager
               of
               Law
               shall
               not
               be
               without
               Witness
               .
            
             
               NO
               Bayliff
               from
               henceforth
               ,
               shall
               put
               any
               man
               to
               his
               open
               Law
               ,
               nor
               to
               an
               Oath
               ,
               upon
               his
               own
               bare
               saying
               ,
               without
               faithful
               Witnesses
               brought
               in
               for
               the
               same
               .
            
          
           
             
               CHAP.
               XXIX
               .
            
             
               None
               shall
               be
               Condemned
               without
               Tryal
               .
               Justice
               shall
               not
               be
               sold
               or
               deferred
               .
            
             
               NO
               Freeman
               shall
               be
               taken
               ,
               or
               Imprisoned
               ,
               or
               be
               disseised
               of
               his
               Free-hold
               ,
               or
               Liberties
               ,
               or
               free
               Customs
               ,
               or
               be
               Outlawed
               or
               Exiled
               ,
               or
               any
               otherwise
               destroyed
               ,
               nor
               we
               will
               not
               pass
               upon
               him
               ,
               
               nor
               condemn
               him
               ,
               but
               by
               lawful
               Judgment
               of
               his
               Peers
               ,
               or
               by
               the
               Law
               of
               the
               Land.
               (
               2.
               )
               We
               will
               sell
               to
               no
               man
               ,
               we
               will
               not
               deny
               or
               defer
               to
               any
               man
               either
               Justice
               or
               Right
               .
            
          
           
             
               CHAP.
               XXX
               .
            
             
               Merchants
               ,
               Strangers
               ,
               coming
               into
               this
               Realm
               ,
               shall
               be
               well
               used
               .
            
             
               ALL
               Merchants
               (
               if
               they
               were
               not
               openly
               prohibited
               before
               )
               shall
               have
               their
               safe
               and
               sure
               Conduct
               to
               depart
               out
               of
               England
               ,
               to
               come
               into
               England
               ,
               to
               tarry
               in
               and
               go
               through
               England
               ,
               as
               well
               by
               Land
               as
               by
               Sea
               ,
               to
               buy
               and
               sell
               without
               any
               manner
               of
               Evil
               Tools
               ,
               by
               the
               old
               and
               rightful
               Customs
               ,
               except
               in
               time
               of
               War.
               (
               2
               )
               And
               if
               they
               be
               of
               a
               Land
               making
               War
               against
               Us
               ,
               and
               be
               found
               in
               our
               Realm
               at
               the
               beginning
               of
               the
               Wars
               ,
               they
               shall
               be
               Attached
               without
               harm
               of
               Body
               and
               Goods
               ,
               until
               it
               be
               known
               unto
               us
               ,
               or
               our
               Chief
               Justice
               ,
               how
               our
               Merchants
               be
               intreated
               there
               in
               the
               Land
               making
               War
               against
               Us.
               (
               3.
               )
               And
               if
               our
               Merchants
               be
               well
               intreated
               there
               ,
               theirs
               shall
               be
               likewise
               with
               Us.
               
            
          
           
             
               CHAP.
               XXXI
               .
            
             
               Tenure
               of
               a
               Barony
               ,
               coming
               into
               the
               Kings
               Hand
               by
               Eschete
               .
            
             
               IF
               any
               man
               hold
               of
               any
               Eschete
               ,
               as
               of
               the
               Honour
               of
               
                 Wallingford
                 ,
                 Nottingham
                 ,
                 Boloin
              
               ,
               or
               of
               any
               other
               Eschetes
               which
               be
               in
               our
               hand
               ,
               and
               are
               Baronies
               ,
               and
               dye
               ,
               his
               Heir
               shall
               give
               none
               other
               Relief
               ,
               nor
               do
               none
               other
               Service
               to
               Us
               than
               he
               should
               to
               the
               Baron
               ,
               if
               it
               were
               in
               the
               Barons
               hand
               .
               (
               2.
               )
               And
               we
               in
               the
               same
               wise
               should
               hold
               it
               as
               the
               Baron
               held
               it
               ,
               neither
               shall
               we
               have
               by
               occasion
               of
               any
               Baron
               or
               Eschete
               ,
               any
               Eschete
               or
               Keeping
               of
               any
               of
               our
               men
               ,
               unless
               he
               that
               held
               the
               Barrony
               or
               Escehte
               ,
               otherwise
               held
               of
               us
               in
               Chief
               .
            
          
           
             
             
               CHAP.
               XXXII
               .
            
             
               Lands
               shall
               not
               be
               aliened
               to
               the
               prejudice
               of
               the
               Lords
               Service
               .
            
             
               NO
               Freeman
               ,
               from
               henceforth
               shall
               give
               or
               sell
               any
               more
               of
               his
               Land
               ,
               but
               so
               that
               of
               the
               Residue
               of
               the
               Lands
               ,
               the
               Lord
               of
               the
               Fee
               may
               have
               the
               Services
               due
               to
               him
               ,
               which
               belongeth
               to
               the
               Fee.
               
            
          
           
             
               CHAP.
               XXXIII
               .
            
             
               Patrons
               of
               Abbies
               ,
               shall
               have
               the
               Custody
               of
               them
               in
               the
               time
               of
               Vacation
               .
            
             
               ALL
               Patrons
               of
               Abbies
               ,
               which
               have
               the
               Kings
               Charter
               of
               England
               ,
               of
               Advowson
               ,
               or
               have
               old
               tenure
               or
               possession
               in
               the
               same
               ,
               shall
               have
               the
               Custody
               of
               them
               when
               they
               fall
               void
               ,
               as
               it
               hath
               been
               accustomed
               ,
               and
               as
               it
               is
               afore
               declared
               .
            
          
           
             
               CHAP.
               XXXIV
               .
            
             
               In
               what
               only
               Case
               a
               Woman
               shall
               have
               an
               Appeal
               of
               Death
               .
            
             
               NO
               man
               shall
               be
               taken
               or
               Imprisoned
               upon
               the
               Appeal
               of
               a
               Woman
               ,
               for
               the
               Death
               of
               any
               other
               than
               of
               her
               Husband
               .
            
          
           
             
               CHAP.
               XXXV
               .
            
             
               At
               what
               time
               shall
               be
               kept
               a
               Countrey
               Court
               ,
               Sheriffs
               turn
               ,
               and
               a
               Leet
               .
            
             
               NO
               Countrey
               from
               henceforth
               shall
               be
               holden
               ,
               but
               from
               month
               to
               month
               ;
               and
               where
               greater
               time
               hath
               been
               used
               ,
               there
               shall
               be
               greater
               .
               (
               2.
               )
               Nor
               any
               Sheriff
               or
               his
               Bayliff
               shall
               keep
               his
               Turn
               in
               the
               Hundred
               ,
               but
               twice
               in
               the
               Year
               :
               and
               no
               where
               but
               in
               due
               place
               and
               accustomed
               ,
               that
               is
               to
               say
               ,
               once
               after
               Easter
               ,
               and
               again
               after
               the
               Feast
               of
               Saint
               Michael
               .
               (
               3.
               )
               And
               the
               view
               of
               Frank-pledge
               shall
               be
               likewise
               at
               the
               Feast
               of
               Saint
               Michael
               without
               occasion
               .
               So
               that
               every
               man
               have
               his
               Liberties
               which
               he
               had
               ,
               or
               used
               to
               have
               in
               the
               time
               of
               King
               Henry
               our
               Grandfather
               ,
               or
               which
               he
               hath
               purchased
               since
               .
               (
               4.
               )
               The
               view
               of
               Frank-pledge
               shall
               be
               so
               done
               ,
               that
               our
               peace
               may
               be
               kept
               .
               (
               5.
               )
               And
               
               that
               the
               Tything
               be
               wholly
               kept
               as
               it
               hath
               been
               acustomed
               .
               (
               6.
               )
               And
               that
               the
               Sheriff
               seek
               no
               occasions
               ,
               and
               that
               he
               be
               content
               with
               so
               much
               as
               the
               Sheriff
               was
               wont
               to
               have
               for
               his
               view-making
               in
               the
               time
               of
               King
               Henry
               our
               Grandfather
               .
            
          
           
             
               CHAP.
               XXXVI
               .
            
             
               No
               Land
               shall
               be
               given
               in
               Mortmain
               .
            
             
               IT
               shall
               not
               be
               lawful
               from
               henceforth
               to
               any
               one
               to
               give
               his
               Lands
               to
               any
               Religious
               House
               ,
               and
               to
               take
               the
               same
               Land
               again
               to
               hold
               of
               the
               same
               House
               .
               Nor
               shall
               it
               be
               lawful
               to
               any
               House
               of
               Religion
               to
               take
               the
               Lands
               of
               any
               ,
               and
               to
               Lease
               the
               same
               to
               him
               of
               whom
               he
               received
               it
               :
               If
               any
               from
               henceforth
               give
               his
               Lands
               to
               any
               Religious
               House
               ,
               and
               thereupon
               be
               Convict
               ,
               the
               Gift
               shall
               be
               utterly
               void
               ,
               and
               the
               Land
               shall
               Accrue
               to
               the
               Lord
               of
               the
               Fee.
               
            
          
           
             
               CHAP.
               XXXVII
               .
            
             
               A
               Subsidy
               in
               respect
               of
               this
               Charter
               ,
               and
               the
               Charter
               of
               the
               Forrest
               ,
               granted
               to
               the
               King.
               
            
             
               ESeuage
               from
               henceforth
               shall
               be
               taken
               ,
               like
               as
               it
               was
               wont
               to
               be
               in
               the
               time
               of
               King
               Henry
               our
               Grandfather
               ,
               reserving
               to
               all
               
                 Archbishops
                 ,
                 Bishops
                 ,
                 Abbots
                 ,
                 Priors
                 ,
                 Templers
                 ,
                 Hospitallers
                 ,
                 Earls
                 ,
                 Barons
                 ,
              
               and
               all
               persons
               as
               well
               Spiritual
               as
               Temporal
               ,
               all
               their
               free
               Liberties
               and
               free
               Customs
               which
               they
               have
               had
               in
               time
               passed
               ;
               (
               2.
               )
               And
               all
               these
               Customs
               and
               Liberties
               aforesaid
               ,
               which
               we
               have
               granted
               to
               be
               holden
               within
               this
               our
               Realm
               ,
               as
               much
               as
               appertaineth
               to
               us
               and
               our
               Heirs
               ,
               we
               shall
               observe
               .
               (
               3.
               )
               And
               all
               men
               of
               this
               our
               Realm
               ,
               as
               well
               Spiritual
               as
               Temporal
               (
               as
               much
               as
               in
               them
               is
               )
               shall
               observe
               the
               same
               against
               all
               persons
               in
               likewise
               .
               (
               4.
               )
               And
               for
               this
               our
               Gift
               and
               Grant
               of
               these
               Liberties
               ,
               and
               of
               other
               contained
               in
               our
               Charter
               of
               liberties
               of
               our
               Forest
               ,
               the
               
                 Archbishops
                 ,
                 Bishops
                 ,
                 Abbots
                 ,
                 Priors
                 ,
                 Earls
                 ,
                 Barons
                 ,
                 Knights
                 ,
                 Freeholders
                 ,
              
               and
               other
               our
               Subjects
               ,
               have
               given
               unto
               us
               the
               fifteenth
               part
               
               of
               all
               their
               movables
               .
               (
               5.
               )
               And
               we
               have
               granted
               unto
               them
               on
               the
               other
               part
               ,
               that
               neither
               we
               nor
               our
               Heirs
               shall
               procure
               or
               do
               any
               thing
               ,
               whereby
               the
               Liberties
               in
               this
               Charter
               contained
               ,
               shall
               be
               Infringed
               or
               Broken.
               (
               6.
               )
               And
               if
               any
               thing
               be
               procured
               ,
               by
               any
               Person
               ,
               contrary
               to
               the
               premisses
               ,
               it
               shall
               be
               had
               of
               no
               force
               nor
               effect
               .
               These
               being
               Witnesses
               ,
               Lord
               B.
               Arch-bishop
               of
               
                 Canterbury
                 ,
                 E.
              
               Bishop
               of
               London
               ,
               &c.
               
            
             
               We
               ,
               Ratifying
               and
               approving
               these
               Gifts
               and
               Grants
               aforesaid
               ,
               confirm
               and
               make
               strong
               all
               the
               same
               for
               Us
               and
               our
               Heirs
               perpetually
               ;
               And
               by
               the
               Tenour
               of
               these
               presents
               ,
               do
               renew
               the
               same
               ,
               Willing
               and
               granting
               for
               Us
               and
               our
               Heirs
               ,
               that
               this
               Charter
               ,
               and
               all
               and
               singular
               his
               Articles
               for
               ever
               ,
               shall
               be
               stedfastly
               ,
               Firmly
               ,
               and
               Inviolably
               observed
               .
               And
               if
               any
               Article
               in
               the
               same
               Charter
               contained
               ,
               yet
               hitherto
               peradventure
               hath
               not
               been
               kept
               ,
               We
               will
               ,
               and
               by
               Authority
               Royal
               Command
               from
               henceforth
               firmly
               they
               be
               observed
               .
               In
               Witness
               whereof
               we
               have
               caused
               these
               our
               Letters
               Patents
               to
               be
               made
               .
               
                 T.
                 Edward
              
               our
               Son
               at
               Westminster
               ,
               the
               twenty
               eighth
               day
               of
               March
               ,
               in
               the
               twenty
               eighth
               year
               of
               our
               Reign
               .
            
          
        
         
           
           
             
               Notes
               on
            
             Magna
             Charta
             .
          
           
             THis
             Excellent
             Law
             holds
             the
             first
             place
             in
             our
             Statute
             Books
             ,
             for
             though
             there
             were
             no
             doubt
             many
             Acts
             of
             Parliament
             long
             before
             this
             ,
             yet
             they
             are
             not
             now
             Extant
             :
             't
             is
             called
             
               Magna
               Charta
            
             ,
             or
             the
             Great
             Charter
             ,
             not
             in
             Respect
             of
             its
             Bulk
             ,
             but
             in
             Regard
             of
             the
             great
             Importance
             and
             weight
             of
             the
             matters
             therein
             contained
             ;
             it
             is
             also
             styled
             
               Charta
               Libertatum
               Regni
            
             ,
             the
             Charter
             of
             the
             Liberties
             of
             the
             Kingdom
             ,
             and
             upon
             great
             reason
             (
             saith
             Cook
             in
             his
             Proem
             )
             is
             it
             so
             called
             from
             the
             effect
             ,
             
               Quia
               liberos
               facit
            
             ,
             because
             it
             makes
             and
             preserves
             the
             people
             free
             .
          
           
             Though
             it
             run
             in
             the
             stile
             of
             the
             King
             
               as
               a
               Charter
            
             ,
             yet
             (
             as
             my
             Lord
             Cook
             well
             observes
             on
             the
             38
             Chapter
             )
             it
             appears
             to
             have
             passed
             in
             Parliament
             ,
             for
             there
             was
             then
             a
             Fifteenth
             granted
             to
             the
             King
             ,
             by
             the
             Bishops
             ,
             Earls
             ,
             Barons
             ,
             Free-tenants
             and
             people
             ,
             which
             could
             not
             be
             but
             in
             Parliament
             ,
             nor
             was
             it
             unusual
             in
             those
             times
             to
             have
             Acts
             of
             Parliament
             ,
             in
             a
             Form
             of
             a
             Charter
             :
             as
             you
             may
             read
             in
             the
             Princes
             case
             ,
             
               Co.
               Rep.
               L.
            
             8.
             
          
           
             Likewise
             though
             it
             be
             said
             here
             ,
             that
             the
             
               King
               hath
               given
               and
               granted
               these
               Liberties
               ,
            
             yet
             they
             must
             not
             be
             understood
             as
             meer
             Emanations
             of
             Royal
             Favour
             ,
             or
             new
             Bounties
             granted
             ,
             which
             the
             people
             could
             not
             justly
             challenge
             ,
             or
             had
             not
             a
             Right
             unto
             before
             ;
             For
             the
             Lord
             Cook
             at
             divers
             places
             asserts
             ,
             and
             all
             Lawyers
             know
             ,
             that
             this
             Charter
             is
             for
             the
             most
             part
             only
             Declaratory
             of
             the
             principal
             grounds
             of
             the
             Fundamental
             Laws
             and
             Liberties
             of
             England
             ,
             no
             new
             freedom
             is
             hereby
             granted
             ,
             but
             a
             Restitution
             of
             such
             as
             lawfully
             they
             had
             before
             ,
             and
             to
             free
             them
             of
             what
             had
             been
             usurped
             and
             encroached
             upon
             them
             by
             any
             power
             whatsoever
             ;
             and
             therefore
             you
             
             may
             see
             this
             Charter
             often
             mentions
             
               Sua
               Jura
            
             ,
             their
             Rights
             ,
             and
             
               Liberat●s
               suas
            
             ,
             their
             Liberties
             ,
             which
             shews
             they
             had
             them
             before
             ,
             and
             that
             the
             same
             now
             were
             Confirmed
             .
          
           
             As
             to
             the
             occasion
             of
             this
             Charter
             ,
             it
             must
             be
             noted
             ,
             that
             our
             Ancestors
             the
             Saxons
             had
             with
             a
             most
             equal
             poize
             and
             temperament
             ,
             very
             wisely
             contriv'd
             their
             Government
             ,
             and
             made
             excellent
             provisions
             for
             their
             Liberties
             ,
             and
             to
             preserve
             the
             People
             from
             oppression
             ,
             and
             when
             William
             the
             Norman
             made
             himself
             Master
             of
             the
             Land
             ,
             though
             he
             be
             commonly
             called
             the
             Conquerour
             ,
             yet
             in
             truth
             he
             was
             not
             so
             ,
             and
             I
             have
             known
             several
             Judges
             that
             would
             Reprehend
             any
             Gentleman
             at
             the
             Bar
             that
             casually
             gave
             him
             that
             Title
             ;
             For
             though
             he
             killed
             Harold
             the
             Usurper
             ,
             and
             Routed
             his
             Army
             ,
             yet
             he
             pretended
             a
             right
             to
             the
             Kingdom
             ,
             and
             was
             admitted
             by
             Compact
             ,
             and
             did
             take
             an
             Oath
             to
             observe
             the
             
               Laws
               and
               Customs
            
             .
          
           
             But
             the
             truth
             is
             ,
             he
             did
             
               not
               perform
            
             that
             Oath
             so
             as
             he
             ought
             to
             have
             done
             ;
             and
             his
             Successors
             
               William
               Rufus
            
             ,
             King
             
               Stephen
               ,
               Henry
            
             the
             First
             ,
             and
             Richard
             likewise
             ,
             made
             frequent
             Encroachments
             upon
             the
             Liberties
             of
             their
             People
             ,
             but
             especially
             King
             John
             made
             use
             of
             so
             many
             Illegal
             Devices
             to
             drain
             them
             of
             Money
             ,
             that
             wearied
             with
             intollerable
             oppressions
             they
             resolved
             to
             oblige
             the
             King
             to
             grant
             them
             their
             Liberties
             ,
             and
             to
             promise
             the
             same
             should
             be
             observed
             ,
             which
             King
             John
             did
             in
             Running-mead
             between
             Stains
             and
             Windsor
             ,
             by
             two
             Charters
             ,
             one
             called
             
               Charta
               Libertatum
               ,
               The
               Charter
               of
               Liberties
            
             (
             the
             Form
             of
             which
             you
             may
             read
             in
             
               Math.
               Paris
               ,
               Fol.
            
             246.
             and
             is
             in
             effect
             the
             same
             with
             this
             here
             recited
             )
             the
             other
             the
             
               Charter
               of
               the
               Forrest
            
             ,
             Copies
             of
             which
             he
             sent
             into
             every
             County
             ,
             and
             commanded
             the
             Sheriffs
             ,
             &c.
             to
             see
             them
             fulfilled
             .
          
           
             But
             by
             ill
             Council
             he
             quickly
             after
             began
             to
             violate
             them
             as
             much
             as
             ever
             ,
             whereupon
             Disturbances
             and
             
             great
             miseries
             arose
             both
             to
             himself
             and
             the
             Realm
             .
          
           
             The
             Son
             and
             Successor
             of
             this
             King
             John
             was
             Henry
             the
             Third
             ,
             who
             in
             the
             19th
             Year
             of
             his
             Reign
             ,
             Renewed
             and
             Confirmed
             the
             said
             Charters
             ,
             but
             within
             two
             Years
             after
             Cancelled
             them
             by
             the
             pernicious
             advice
             of
             his
             Favourites
             ,
             and
             particularly
             
               Hubert
               de
               Burgh
            
             whom
             he
             had
             made
             Lord
             Chief
             Justice
             ;
             one
             that
             in
             former
             times
             had
             been
             a
             great
             Lover
             of
             his
             Countrey
             ,
             and
             a
             well
             deserving
             Patriot
             ,
             as
             well
             as
             learned
             in
             the
             Laws
             ,
             but
             now
             to
             make
             this
             a
             step
             to
             his
             Ambition
             (
             which
             ever
             Rideth
             without
             Reins
             )
             perswaded
             and
             humored
             the
             King
             that
             he
             might
             avoid
             the
             Charters
             of
             his
             Father
             King
             John
             by
             Duresse
             ,
             and
             his
             own
             Great
             Charter
             ,
             and
             
               Charta
               de
               Foresta
            
             also
             ,
             for
             that
             he
             was
             
               within
               Age
            
             when
             he
             granted
             the
             same
             ;
             whereupon
             the
             King
             in
             the
             eleventh
             Year
             of
             his
             Reign
             ,
             being
             then
             of
             full
             Age
             ,
             got
             one
             of
             the
             great
             Charters
             ,
             and
             of
             the
             Forrest
             ,
             into
             his
             Hands
             ,
             and
             by
             the
             Council
             principally
             of
             this
             Hubert
             his
             Chief
             Justice
             ,
             at
             a
             Council
             holden
             at
             Oxford
             ,
             unjustly
             
               Cancelled
               both
               the
               said
               Charters
            
             ,
             (
             notwithstanding
             the
             said
             
               Hubert
               de
               Burgh
            
             was
             the
             primier
             Witness
             of
             all
             the
             Temporal
             Lords
             to
             both
             the
             said
             Charters
             )
             whereupon
             he
             became
             in
             high
             Favour
             with
             the
             King
             ,
             insomuch
             that
             he
             was
             soon
             after
             
               (
               viz.
            
             the
             10th
             of
             December
             in
             the
             13th
             Year
             of
             that
             King
             )
             Created
             (
             to
             the
             highest
             Dignity
             that
             in
             those
             times
             a
             Subject
             had
             )
             to
             be
             an
             Earl
             ,
             viz.
             of
             Kent
             .
             But
             soon
             after
             (
             for
             Flatterers
             and
             Humorists
             have
             no
             sure
             Foundation
             )
             he
             fell
             into
             the
             Kings
             heavy
             Indignation
             ,
             and
             after
             many
             fearful
             and
             
               miserable
               Troubles
            
             ,
             he
             was
             justly
             ,
             and
             according
             to
             Law
             Sentenced
             by
             his
             Peers
             in
             an
             open
             Parliament
             ,
             and
             justly
             Degraded
             of
             that
             Dignity
             which
             he
             unjustly
             had
             obtained
             by
             his
             Council
             for
             Cancelling
             of
             
               Magna
               Charta
            
             ,
             and
             
               Charta
               de
               Foresta
            
             .
          
           
             In
             the
             9th
             .
             Chap.
             of
             this
             great
             Charter
             ,
             all
             the
             Ancient
             Liberties
             and
             Customs
             of
             London
             ,
             are
             Confirmed
             
             and
             preserved
             ,
             which
             is
             likewise
             done
             by
             divers
             other
             Statutes
             ,
             as
             14
             
               Edw.
               3.
               
               Cap.
            
             2.
             &c.
             
          
           
             The
             29
             Chapt.
             NO
             FREE-MAN
             SHALL
             BE
             TAKEN
             ,
             &c.
             
             Deserves
             to
             be
             written
             in
             Letters
             of
             Gold
             ,
             and
             I
             have
             often
             wondered
             the
             words
             thereof
             are
             not
             Inscribed
             in
             Capitals
             on
             all
             our
             Courts
             of
             Judicature
             ,
             Town-Halls
             ,
             and
             most
             publick
             Edifices
             ;
             they
             are
             the
             Elixir
             of
             our
             English
             Freedoms
             ,
             the
             Storehouse
             of
             all
             our
             Liberties
             .
             And
             because
             my
             Lord
             Cook
             in
             the
             second
             part
             of
             his
             Institutes
             ,
             has
             many
             excellent
             Observations
             ,
             I
             shall
             here
             Recite
             his
             very
             words
             .
             This
             Chapter
             containeth
             nine
             several
             Branches
             :
          
           
             1.
             
             
               That
               no
               man
               be
               taken
               or
               Imprisoned
               ,
            
             but
             
               per
               Legem
               terrae
            
             ,
             that
             is
             ,
             by
             the
             Common
             Law
             ,
             Statute-Law
             ,
             or
             Custome
             of
             England
             :
             For
             these
             words
             ,
             
               per
               Legem
               terrae
            
             ,
             being
             towards
             the
             end
             of
             this
             Chapter
             ,
             do
             Refer
             to
             all
             the
             precedent
             matters
             in
             this
             Chapter
             ;
             and
             this
             hath
             the
             first
             place
             ,
             because
             the
             
               Liberty
               of
               a
               mans
               person
            
             is
             more
             pretious
             to
             him
             than
             all
             the
             rest
             that
             follow
             ,
             and
             therefore
             it
             is
             great
             reason
             that
             he
             should
             by
             Law
             be
             Relieved
             therein
             ,
             if
             he
             be
             wronged
             ,
             as
             hereafter
             shall
             be
             shewed
             .
          
           
             2.
             
             
               No
               man
               shall
               be
               Disseised
            
             ,
             that
             is
             ,
             put
             out
             of
             Seisin
             ,
             or
             dispossessed
             of
             his
             Free-hold
             ,
             that
             is
             ,
             Lands
             or
             Livelyhood
             ,
             or
             of
             his
             Liberties
             or
             free
             Customs
             ,
             that
             is
             ,
             of
             such
             Franchises
             and
             Freedoms
             ,
             and
             free
             Customs
             as
             belong
             to
             him
             ,
             by
             his
             Free
             Birth-Right
             ,
             unless
             it
             be
             by
             the
             
               lawful
               Judgment
            
             ,
             that
             is
             ,
             Verdict
             of
             his
             equals
             ,
             (
             that
             is
             ,
             of
             men
             of
             his
             own
             Condition
             )
             or
             by
             the
             
               Law
               of
               the
               Land
            
             ,
             that
             is
             ,
             (
             to
             speak
             it
             once
             for
             all
             )
             by
             the
             due
             Course
             and
             process
             of
             Law.
             
          
           
             3.
             
             
               No
               man
               shall
               be
               Outlawed
            
             ,
             made
             an
             Exlex
             ,
             put
             out
             of
             the
             Law
             ,
             that
             is
             ,
             deprived
             of
             the
             Benefit
             of
             the
             Law
             ,
             unless
             he
             be
             Outlawed
             according
             to
             the
             Law
             of
             the
             Land.
             
          
           
             4.
             
             
               No
               man
               shall
               be
               Exiled
            
             or
             Banished
             out
             of
             his
             Countrey
             ,
             that
             is
             ,
             
               Nemo
               perdet
               patriam
            
             ,
             no
             man
             
             shall
             
               lose
               his
               Countrey
            
             ,
             unless
             he
             be
             Exiled
             according
             to
             the
             Law
             of
             the
             Land.
             
          
           
             5.
             
             
               No
               man
               shall
               in
               any
               sort
               be
               destroyed
               (
               Destruere
               id
               est
               quod
               prius
               structum
               &
               factum
               fuit
               ,
               penitus
               Evertere
               &
               Diruere
               ,
               )
            
             unless
             it
             be
             by
             the
             Verdict
             of
             his
             Equals
             ,
             or
             according
             to
             the
             Law
             of
             the
             Land.
             
          
           
             6.
             
             No
             man
             shall
             be
             Condemned
             at
             the
             Kings
             Suit
             ,
             either
             before
             the
             King
             in
             his
             Bench
             ,
             where
             the
             Pleas
             are
             
               Coram
               Rege
            
             (
             and
             so
             are
             the
             words
             ,
             
               Nec
               super
               eum
               ibimus
            
             to
             be
             understood
             ;
             )
             nor
             before
             any
             other
             Commissioner
             or
             Judge
             whatsoever
             ,
             and
             so
             are
             the
             words
             ,
             
               Nec
               super
               eum
               mittimus
            
             ,
             to
             be
             understood
             ,
             but
             by
             the
             Judgment
             of
             his
             Peers
             ,
             that
             is
             ,
             Equals
             ,
             or
             according
             to
             the
             Law
             of
             the
             Land.
             
          
           
             7.
             
             We
             shall
             sell
             to
             no
             man
             Justice
             or
             Right
             .
          
           
             8.
             
             We
             shall
             deny
             to
             no
             man
             Justice
             or
             Right
             .
          
           
             9.
             
             We
             shall
             defer
             to
             no
             man
             Justice
             or
             Right
             .
          
           
             Each
             of
             these
             we
             shall
             briefly
             explain
             .
          
           
             1.
             
             No
             man
             
               shall
               be
               taken
            
             ,
             (
             that
             is
             )
             Restrained
             of
             Liberty
             by
             Petition
             or
             Suggestion
             to
             the
             King
             or
             his
             Council
             ,
             unless
             it
             be
             by
             Indictment
             or
             Presentment
             of
             good
             and
             lawful
             men
             ,
             where
             such
             deeds
             be
             done
             .
             This
             Branch
             and
             divers
             other
             parts
             of
             this
             Act
             have
             been
             notably
             explained
             and
             Construed
             by
             divers
             Acts
             of
             Parliament
             ,
             several
             of
             which
             you
             will
             find
             Recited
             hereafter
             in
             this
             Book
             .
          
           
             2.
             
             
               No
               man
               shall
               be
               Disseised
            
             ,
             &c.
             
             Hereby
             is
             intended
             that
             Lands
             ,
             Tenements
             ,
             Goods
             and
             Chattels
             ,
             shall
             not
             be
             seised
             into
             the
             Kings
             Hands
             contrary
             to
             this
             great
             Charter
             ,
             and
             the
             Law
             of
             the
             Land
             ,
             nor
             any
             man
             shall
             be
             disseised
             of
             his
             Lands
             or
             Tenements
             ,
             or
             dispossessed
             of
             his
             Goods
             or
             Chattels
             contrary
             to
             the
             Law
             of
             the
             Land.
             
          
           
             A
             Custom
             was
             alleadged
             in
             the
             Town
             of
             C.
             that
             if
             the
             Tenant
             cease
             by
             two
             years
             ,
             that
             the
             Lord
             should
             enter
             into
             the
             Freehold
             of
             the
             Tenant
             ,
             and
             hold
             the
             same
             until
             he
             were
             satisfied
             of
             the
             Arrearages
             :
             it
             was
             adjudged
             a
             Custom
             against
             the
             Law
             of
             
             the
             Land
             ,
             to
             enter
             into
             a
             Mans
             Freehold
             in
             that
             case
             ,
             without
             Action
             or
             Answer
             .
          
           
             King
             Henry
             6.
             
             Granted
             to
             the
             Corporation
             of
             Diers
             within
             London
             ,
             power
             to
             search
             ,
             &c.
             
             And
             if
             they
             found
             any
             Cloath
             died
             with
             Log-Wood
             ,
             that
             the
             Cloath
             should
             be
             Forfeit
             :
             And
             it
             was
             adjuged
             ,
             that
             this
             Charter
             concerning
             the
             Forfeiture
             was
             against
             the
             Law
             of
             the
             Land
             ,
             and
             this
             Statute
             ;
             For
             no
             Forfeiture
             can
             grow
             by
             Letters
             Patents
             .
          
           
             No
             Man
             ought
             to
             be
             put
             from
             his
             Livelihood
             without
             Answer
             .
          
           
             3.
             
             
               No
               Man
               Outlawed
            
             ]
             That
             is
             ,
             barred
             to
             have
             the
             benefit
             of
             the
             Law.
             And
             note
             ,
             to
             this
             word
             Outlawed
             ,
             these
             words
             ,
             
               Vnless
               by
               the
               Law
               of
               the
               Land
               ,
            
             do
             Referr
             .
             
               [
               Of
               his
               Liberties
            
             ]
             This
             word
             hath
             three
             Significations
             :
          
           
             1.
             
             As
             it
             hath
             been
             said
             ,
             it
             signifieth
             the
             Laws
             of
             the
             Realm
             ,
             in
             which
             respect
             this
             Charter
             is
             called
             
               Charta
               Libertatum
            
             ,
             as
             aforesaid
             .
          
           
             2.
             
             It
             signifieth
             the
             
               Freedom
               the
               Subjects
            
             of
             England
             have
             :
             for
             example
             ,
             the
             Company
             of
             Merchant-Taylors
             of
             England
             ,
             having
             power
             by
             their
             Charter
             to
             make
             Ordinances
             ,
             made
             an
             Ordinance
             that
             every
             Brother
             of
             the
             same
             Society
             should
             put
             the
             one
             half
             of
             his
             Cloaths
             to
             be
             dressed
             by
             some
             Cloath-Workers
             Free
             of
             the
             same
             Company
             ,
             upon
             pain
             to
             Forfeit
             10
             
               s.
               &c.
            
             
             And
             it
             was
             adjuged
             that
             this
             Ordinance
             was
             against
             Law
             ,
             because
             it
             was
             against
             the
             Liberty
             of
             the
             Subject
             ,
             for
             every
             Subject
             hath
             freedom
             to
             put
             his
             Cloaths
             to
             be
             dressed
             by
             whom
             he
             will
             ,
             
               &
               sic
               de
               similibus
            
             .
             And
             so
             it
             is
             ,
             if
             such
             or
             the
             like
             grant
             had
             been
             made
             by
             his
             Letters
             Patents
             .
          
           
             3.
             
             Liberties
             signifie
             the
             
               Franchises
               and
               Priviledges
            
             which
             the
             Subjects
             have
             of
             the
             gift
             of
             the
             King
             ,
             as
             the
             Goods
             and
             Chattels
             of
             
               Felons
               ,
               Out-laws
            
             and
             the
             like
             ;
             or
             which
             the
             Subject
             claims
             by
             Prescription
             ,
             as
             
               wreck
               ,
               waife
               ,
               straie
            
             ,
             and
             the
             like
             .
          
           
           
             So
             likewise
             and
             for
             the
             same
             reason
             ,
             if
             a
             Grant
             be
             made
             to
             any
             Man
             to
             have
             the
             Sole
             making
             of
             Cards
             ,
             or
             the
             Sole
             dealing
             with
             any
             other
             Trade
             ,
             that
             Grant
             is
             against
             the
             Liberty
             and
             Freedom
             of
             the
             Subject
             ,
             that
             before
             did
             or
             lawfully
             might
             have
             used
             that
             Trade
             ,
             and
             consequently
             against
             this
             great
             Charter
             .
          
           
             Generally
             
               all
               Monopolies
            
             are
             against
             this
             great
             Charter
             ,
             because
             they
             are
             against
             the
             Liberty
             and
             Freedom
             of
             the
             Subject
             ,
             and
             against
             the
             Law
             of
             the
             Land.
             
          
           
             4.
             
             
               No
               Man
               Exiled
            
             ,
             that
             is
             Banisht
             ,
             or
             forced
             to
             depart
             or
             stay
             out
             of
             England
             without
             his
             Consent
             .
             By
             the
             Law
             of
             the
             Land
             ,
             no
             Man
             can
             be
             Exiled
             or
             Banished
             out
             of
             his
             Native
             Country
             ,
             but
             either
             by
             
               Authority
               of
               Parliament
            
             ,
             or
             in
             Case
             of
             Abjuration
             for
             Felony
             by
             the
             Common
             Law
             ;
             and
             so
             when
             our
             Books
             ,
             or
             any
             Record
             ,
             speak
             of
             Exile
             ,
             or
             Banishment
             ,
             other
             than
             in
             case
             of
             Abjuration
             ,
             it
             is
             to
             be
             intended
             to
             be
             done
             by
             
               Authority
               of
               Parliament
            
             ,
             as
             Belknap
             and
             other
             Judges
             ,
             &c.
             
             Banished
             into
             Ireland
             ,
             in
             the
             Reign
             of
             Rich.
             the
             Second
             .
          
           
             This
             is
             a
             Beneficial
             Law
             ,
             and
             is
             Construed
             benignly
             ;
             And
             therefore
             the
             King
             cannot
             send
             any
             Subject
             of
             England
             against
             his
             will
             to
             serve
             him
             out
             of
             this
             Realm
             ,
             for
             that
             should
             be
             an
             Exile
             ,
             and
             he
             should
             
               perdere
               Patriam
            
             :
             No
             ,
             he
             cannot
             be
             sent
             against
             his
             will
             into
             Ireland
             ,
             to
             serve
             the
             King
             or
             his
             Deputy
             there
             ,
             because
             it
             is
             out
             of
             the
             Realm
             of
             England
             :
             For
             if
             the
             King
             might
             send
             him
             out
             of
             this
             Realm
             to
             any
             place
             ,
             then
             under
             pretence
             of
             Service
             ,
             as
             Ambassador
             or
             the
             like
             ,
             he
             might
             send
             him
             into
             the
             furthest
             part
             of
             the
             World
             ,
             which
             being
             an
             Exile
             ,
             is
             prohibited
             by
             this
             Act.
             
          
           
             5.
             
             
               No
               Man
               destroyed
            
             —
             That
             is
             ,
             forejudged
             of
             Life
             or
             Limb
             ,
             or
             put
             to
             Torture
             or
             Death
             ,
             every
             oppression
             against
             Law
             by
             colour
             of
             any
             usurped
             Authority
             is
             a
             kind
             of
             destruction
             .
             And
             the
             words
             
               Aliquo
               
               modo
            
             (
             any
             otherwise
             )
             are
             added
             to
             this
             Verb
             destroyed
             ,
             and
             to
             no
             other
             Verb
             in
             this
             Chapter
             ,
             and
             therefore
             all
             things
             by
             any
             manner
             of
             means
             tending
             to
             destruction
             are
             prohibited
             ;
             as
             if
             a
             Man
             be
             accused
             or
             Indicted
             of
             Treason
             or
             Felony
             ,
             his
             Lands
             or
             Goods
             cannot
             be
             granted
             to
             any
             ,
             no
             not
             so
             much
             as
             by
             promise
             ,
             nor
             any
             of
             his
             Lands
             or
             Goods
             seized
             into
             the
             Kings
             hands
             before
             he
             is
             Attainted
             ;
             For
             when
             a
             Subject
             obtaineth
             a
             promise
             of
             the
             forfeiture
             ,
             many
             times
             undue
             means
             and
             more
             violent
             prosecution
             is
             used
             for
             private
             Lucre
             ,
             tending
             to
             destruction
             ,
             than
             the
             quiet
             and
             just
             proceeding
             of
             the
             Law
             would
             permit
             ,
             and
             the
             party
             ought
             to
             live
             of
             his
             own
             until
             Attainder
             .
          
           
             6.
             
             
               By
               Lawful
               Judgment
               of
               his
               Peers
               ,
               ]
            
             That
             is
             by
             his
             Equals
             ,
             Men
             of
             his
             own
             Rank
             and
             Condition
             .
             The
             general
             division
             of
             Persons
             by
             the
             Law
             of
             England
             ,
             is
             ,
             either
             
               one
               that
               is
               Noble
            
             ,
             and
             in
             respect
             of
             his
             Nobility
             of
             the
             Lords
             House
             of
             Parliament
             ,
             or
             
               one
               of
               the
               Commons
            
             ,
             and
             in
             respect
             thereof
             ,
             of
             the
             House
             of
             Commons
             in
             Parliament
             .
             And
             as
             there
             be
             divers
             degrees
             of
             Nobility
             ,
             as
             Dukes
             ,
             Marquesses
             ,
             Earls
             ,
             Viscounts
             ,
             and
             Barons
             ,
             and
             yet
             all
             of
             them
             are
             comprehended
             under
             this
             word
             Peers
             ,
             and
             are
             Peers
             of
             the
             Realm
             ;
             so
             of
             the
             Commons
             ,
             there
             be
             Knights
             ,
             Esquires
             ,
             Gentlemen
             ,
             Citizens
             ,
             and
             Yeomen
             ,
             and
             yet
             all
             of
             them
             of
             the
             Commons
             of
             the
             Realm
             .
             And
             as
             every
             of
             the
             Nobles
             is
             one
             a
             Peer
             to
             another
             ,
             though
             he
             be
             of
             a
             several
             degree
             ,
             so
             it
             is
             of
             the
             Commons
             ;
             and
             as
             it
             hath
             been
             said
             of
             Men
             ,
             so
             doth
             it
             hold
             of
             Noble
             Women
             ,
             either
             by
             Birth
             or
             Marriage
             .
          
           
             And
             forasmuch
             ,
             as
             this
             Judgment
             by
             Peers
             is
             called
             Lawful
             ,
             it
             shews
             the
             Antiquity
             of
             this
             manner
             of
             Trial
             :
             It
             was
             ,
             the
             ancient
             ,
             accustomed
             ,
             Legal
             Course
             long
             before
             this
             Charter
             .
          
           
             
               Or
               by
               the
               Law
               of
               the
               Land.
               ]
            
             That
             is
             ,
             by
             due
             process
             of
             Law
             ,
             for
             so
             the
             words
             are
             expresly
             expounded
             
             by
             the
             Stat.
             of
             37
             
               Edw.
               3.
               chap.
            
             8.
             
             And
             these
             words
             are
             specially
             to
             be
             referred
             to
             those
             foregoing
             ,
             to
             whom
             they
             relate
             .
             As
             none
             shall
             be
             condemn'd
             without
             a
             lawful
             Trial
             by
             his
             Peers
             ,
             so
             none
             shall
             be
             taken
             ,
             Imprison'd
             ,
             or
             put
             out
             of
             his
             Free-hold
             ,
             without
             due
             process
             of
             the
             Law
             ,
             that
             is
             by
             the
             Indictment
             or
             Presentment
             of
             good
             and
             lawful
             Men
             of
             the
             place
             ,
             in
             due
             manner
             ,
             or
             by
             Writ
             Original
             of
             the
             Common-Law
             .
          
           
             Now
             ,
             seeing
             that
             no
             Man
             can
             be
             Taken
             ,
             Arrested
             ,
             Attached
             ,
             or
             Imprisoned
             ,
             but
             by
             due
             process
             of
             Law
             ,
             and
             according
             to
             the
             Law
             of
             the
             Land
             ,
             these
             conclusions
             hereupon
             do
             follow
             .
          
           
             1.
             
             That
             the
             Person
             or
             Persons
             which
             commit
             any
             ,
             must
             have
             lawful
             Authority
             .
          
           
             2.
             
             It
             is
             necessary
             that
             the
             Warrant
             or
             Mittimus
             be
             lawful
             ,
             and
             that
             must
             be
             in
             Writing
             under
             his
             Hand
             and
             Seal
             .
          
           
             3.
             
             The
             Cause
             must
             be
             contained
             in
             the
             Warrant
             ,
             as
             for
             Treason
             ,
             Felony
             ,
             &c.
             
             Suspicion
             of
             Treason
             ,
             or
             Felony
             ,
             or
             the
             like
             particular
             Crime
             ;
             For
             if
             it
             do
             not
             thus
             specifie
             the
             Cause
             ,
             if
             the
             Prisoner
             bring
             his
             
               Habeas
               Corpus
            
             ,
             he
             must
             be
             discharged
             ,
             because
             no
             Crime
             appears
             on
             the
             Return
             ;
             Nor
             is
             it
             in
             such
             Case
             any
             offence
             at
             all
             ,
             if
             the
             Prisoner
             make
             his
             escape
             ;
             whereas
             if
             the
             Mittimus
             contain
             the
             Cause
             ,
             the
             escape
             would
             respectively
             be
             Treason
             or
             Felony
             ,
             though
             in
             Truth
             he
             were
             not
             Guilty
             of
             the
             first
             offence
             .
             And
             this
             mentioning
             the
             Cause
             ,
             is
             agreeable
             to
             Scripture
             ,
             Acts
             5.
             
          
           
             4.
             
             The
             Warrant
             or
             Mittimus
             containing
             a
             lawful
             Cause
             ,
             ought
             to
             have
             a
             lawful
             conclusion
             ,
             &c.
             
             And
             him
             safely
             to
             keep
             until
             he
             be
             delivered
             by
             Law
             ,
             &c.
             and
             not
             until
             the
             party
             committing
             shall
             further
             Order
             .
          
           
             If
             any
             Man
             by
             colour
             of
             any
             Authority
             ,
             where
             he
             hath
             not
             any
             in
             that
             particular
             Case
             ,
             shall
             presume
             to
             Arrest
             or
             Imprison
             any
             Man
             ,
             or
             cause
             him
             
             to
             be
             Arrested
             or
             Imprisoned
             ,
             this
             is
             against
             this
             Act
             ,
             and
             it
             is
             most
             hateful
             ,
             when
             it
             is
             done
             by
             Countenance
             of
             Justice
             .
             King
             Edw.
             the
             6th
             .
             did
             Incorporate
             the
             Town
             of
             Saint
             Albans
             ,
             and
             granted
             to
             them
             to
             make
             Ordinances
             ,
             &c.
             
             They
             made
             a
             by-Law
             upon
             pain
             of
             Imprisonment
             ,
             and
             it
             was
             adjudged
             to
             be
             against
             this
             Statute
             of
             
               Magna
               Charta
            
             ;
             so
             it
             had
             been
             ,
             if
             such
             an
             Ordinance
             had
             been
             contained
             in
             the
             Patent
             it self
             .
          
           
             
               We
               will
               sell
               to
               no
               Man
               ,
               deny
               to
               no
               Man
               ,
            
             &c.
             
             This
             is
             spoken
             in
             the
             Person
             of
             the
             King
             ,
             who
             in
             Judgment
             of
             Law
             in
             all
             his
             Courts
             of
             Justice
             is
             present
             ;
             And
             therefore
             every
             Subject
             of
             this
             Realm
             ,
             for
             injury
             done
             to
             him
             ,
             
               in
               Bonis
               ,
               Terris
               ,
               vel
               Persona
               ,
            
             in
             Person
             ,
             Lands
             ,
             or
             Goods
             ,
             by
             any
             other
             Subject
             ,
             
               Ecclesiastical
               or
               Temporal
            
             ,
             whatever
             he
             be
             without
             exception
             ,
             may
             take
             his
             Remedy
             by
             the
             course
             of
             the
             Law
             ,
             and
             have
             Justice
             and
             Right
             for
             the
             Injury
             done
             him
             ,
             Freely
             without
             sale
             ,
             Fully
             without
             any
             denial
             ,
             and
             Speedily
             without
             delay
             ;
             For
             Justice
             must
             have
             three
             Qualities
             ,
             it
             must
             be
             Libera
             ,
             Free
             ,
             for
             nothing
             is
             more
             odious
             than
             Justice
             set
             to
             sale
             ;
             
               Plena
               ,
               Full
            
             ,
             for
             Justice
             ought
             not
             to
             limp
             ,
             or
             be
             granted
             Piece-meal
             ,
             and
             Celeris
             ,
             speedy
             :
             
               Quia
               Dilatio
               est
               quaedam
               negatio
            
             ,
             Delay
             is
             a
             kind
             of
             denial
             ;
             And
             when
             all
             these
             meet
             ,
             it
             is
             both
             Justice
             and
             Right
             .
          
           
             
               We
               will
               not
               deny
               nor
               delay
               any
               Man
               ,
            
             &c.
             )
             These
             words
             have
             been
             excellently
             expounded
             by
             latter
             Acts
             of
             Parliament
             ,
             that
             by
             no
             means
             common
             right
             or
             common
             law
             should
             be
             disturbed
             or
             delayed
             ;
             no
             ,
             though
             it
             be
             commanded
             under
             the
             
               Great
               Seal
               ,
               or
               Privy
               Seal
               ,
               Order
               ,
               Writ
               ,
               Letters
               ,
               Message
               ,
               or
               Commandment
               whatsoever
               ,
               either
               from
               the
               King
               or
               any
               other
            
             ;
             and
             that
             the
             Justices
             shall
             proceed
             ,
             as
             if
             no
             such
             Writs
             ,
             Letters
             ,
             Order
             ,
             Message
             ,
             or
             other
             Commandment
             were
             come
             to
             them
             :
             all
             our
             Judges
             swear
             to
             this
             ;
             for
             't
             is
             part
             of
             their
             Oaths
             ,
             so
             that
             if
             any
             shall
             be
             found
             wresting
             the
             Law
             to
             serve
             a
             Court
             
             Turn
             ,
             they
             are
             perjur'd
             as
             well
             as
             unjust
             .
             The
             Common-laws
             of
             the
             Realm
             should
             by
             no
             means
             be
             delayed
             ,
             for
             the
             Law
             is
             the
             surest
             Sanctuary
             that
             a
             Man
             can
             take
             ,
             and
             the
             strongest
             Fortress
             to
             protect
             the
             weakest
             of
             all
             ;
             
               Lex
               est
               tutissima
               Cassis
            
             ,
             the
             Law
             is
             a
             most
             safe
             Head-piece
             ,
             and
             
               sub
               Clipeo
               legis
               nemo
               decipitur
            
             ,
             no
             man
             is
             deceived
             whilst
             the
             Law
             is
             his
             Buckler
             :
             but
             the
             King
             may
             stay
             his
             own
             suit
             ,
             as
             a
             
               Capias
               pro
               fine
            
             ,
             for
             the
             King
             may
             Respit
             his
             Fine
             ,
             and
             the
             like
             .
          
           
             All
             Protections
             that
             are
             not
             Legal
             ,
             which
             appear
             not
             in
             the
             Register
             ,
             nor
             warranted
             by
             our
             Books
             ,
             are
             expresly
             against
             this
             Branch
             ,
             
               nulli
               diff●remus
            
             ,
             we
             will
             not
             delay
             any
             Man
             :
             As
             a
             Protection
             under
             the
             Great
             Seal
             granted
             to
             any
             Man
             ,
             directed
             to
             the
             Sheriffs
             ,
             &c.
             and
             commanding
             them
             that
             they
             shall
             not
             Arrest
             him
             during
             a
             certain
             time
             at
             any
             other
             Mans
             suit
             ,
             which
             hath
             words
             in
             it
             ,
             
               Per
               Prerogativ●m
               nostram
               quam
               nolumus
               esse
               Arguendam
               ;
               By
               our
               Prerogative
               ,
               which
               we
               will
               not
               have
               disputed
            
             ;
             Yet
             such
             Protections
             have
             been
             argued
             by
             the
             Judges
             ,
             according
             to
             their
             Oath
             and
             Duty
             ,
             and
             adjuged
             to
             be
             void
             .
             As
             
               Mich.
               11
               H.
               7.
               
               Rot.
            
             124.
             a
             Protection
             granted
             to
             Holmes
             a
             Vintrier
             of
             London
             ,
             his
             Factors
             ,
             Servants
             and
             Deputies
             ,
             &c.
             
             Resolved
             to
             be
             against
             Law.
             
               Pasch
               .
               7.
               
               H.
               8.
               
               Rot.
            
             66.
             such
             a
             Protection
             disallowed
             ,
             and
             the
             Sheriff
             amerced
             for
             not
             executing
             the
             Writ
             ,
             Mich.
             13.
             and
             14
             Eiiz.
             in
             Hitchcocks
             Case
             ,
             and
             many
             other
             of
             latter
             time
             :
             And
             there
             is
             a
             notable
             Record
             of
             Ancient
             time
             in
             22
             
               E.
               1.
               
               John
               de
               Mershals
            
             Case
             ;
             
               Non
               pertinct
               ad
               vicecomitem
               de
               protectione
               Regis
               Judicare
               ,
               imo
               ad
               Curiam
               .
            
          
           
             
               Justice
               or
               Right
            
             ]
             We
             shall
             not
             sell
             ,
             deny
             or
             delay
             Justice
             and
             Right
             ,
             neither
             the
             End
             ,
             which
             is
             
               Justice
               ▪
            
             nor
             the
             Mean
             whereby
             we
             may
             attain
             to
             the
             End
             ,
             and
             that
             is
             the
             Law
             :
             Right
             ,
             is
             taken
             here
             for
             Law
             ,
             in
             the
             same
             sence
             that
             Justice
             often
             is
             so
             called
             .
             1.
             
             Because
             it
             is
             the
             
               Right
               Line
            
             ,
             whereby
             Justice
             
             distributive
             is
             Guided
             and
             Directed
             ;
             and
             therefore
             all
             the
             Commissioners
             of
             Oier
             and
             Terminer
             ,
             of
             Gaol-delivery
             ,
             of
             the
             Peace
             ,
             &c.
             have
             this
             Clause
             ,
             
               Facturi
               quod
               ad
               Justititiam
               pertinet
               ,
               secundum
               Legem
               &
               Consuetudinem
               Angliae
            
             ;
             that
             is
             ,
             to
             do
             
               Justice
               and
               Right
            
             ,
             according
             to
             the
             Rule
             of
             the
             
               Law
               and
               Custom
            
             of
             England
             :
             and
             that
             which
             is
             called
             
               Common
               Right
            
             in
             2
             E.
             3.
             is
             called
             Common-Law
             in
             14
             E.
             3.
             &c.
             and
             in
             this
             sence
             it
             is
             taken
             ,
             where
             it
             is
             said
             ,
             
               Ita
               quod
               stat
               Rectus
               in
               Curia
               ,
               id
               est
               Legi
               in
               Curia
               .
            
          
           
             2.
             
             The
             Law
             is
             called
             Rectum
             ,
             because
             it
             discovereth
             that
             which
             is
             Tort
             ,
             Crooked
             or
             Wrong
             ;
             for
             as
             Right
             signifieth
             Law
             ,
             so
             Tort
             ,
             Crooked
             or
             Wrong
             ,
             signifieth
             Injuries
             ,
             and
             
               Injuria
               est
               contra
               Jus
            
             ,
             Injury
             is
             against
             Right
             .
             
               Recta
               Linea
               est
               index
               sui
               &
               obliqui
               ,
            
             a
             right
             line
             is
             both
             
               declaratory
               of
               it self
               and
               the
               oblique
               .
            
             Hereby
             the
             Crooked
             Cord
             of
             that
             which
             is
             called
             Discretion
             appeareth
             to
             be
             unlawful
             ,
             unless
             you
             take
             it
             as
             it
             ought
             to
             be
             ,
             
               discretio
               est
               discernere
               per
               Legem
               ,
               quid
               sit
               Justum
               ,
            
             discretion
             is
             to
             discern
             by
             the
             Law
             what
             is
             Just
             .
          
           
             3.
             
             It
             is
             called
             Right
             ,
             because
             it
             is
             the
             best
             Birth-right
             the
             Subject
             hath
             ,
             for
             thereby
             his
             Goods
             ,
             Lands
             ,
             Wife
             and
             Children
             ,
             his
             Body
             ,
             Life
             ,
             Honour
             and
             Estimation
             are
             protected
             from
             Injury
             and
             Wrong
             :
             
               Major
               Haereditas
               venit
               unicunque
               nostrum
               a
               Jure
               &
               Legibus
               ,
               quam
               a
               Parentibus
               ;
               A
               greater
               Inheritance
               descends
               to
               us
               from
               the
               Laws
               ,
               than
               from
               our
               Progenitors
               .
            
          
           
             Thus
             far
             the
             very
             words
             of
             that
             Oracle
             of
             our
             Law
             ,
             the
             Sage
             and
             Learned
             Coke
             ;
             which
             so
             fully
             and
             excellently
             explain
             this
             incomparable
             Law
             ,
             that
             it
             will
             be
             superfluous
             to
             add
             any
             thing
             further
             thereunto
             .
          
        
      
       
         
         
           A
           Confirmation
           of
           the
           Charters
           of
           the
           Liberties
           of
           England
           ,
           and
           of
           the
           Forrest
           ,
           made
           in
           the
           35th
           Year
           of
           Edw.
           the
           First
           .
        
         
           EDward
           by
           the
           Grace
           of
           God
           King
           of
           England
           ,
           Lord
           of
           Ireland
           ,
           and
           Duke
           of
           Guyan
           ,
           to
           all
           those
           these
           present
           Letters
           shall
           hear
           or
           see
           ,
           Greeting
           .
           Know
           ye
           ,
           that
           we
           to
           the
           Honour
           of
           God
           ,
           and
           of
           Holy
           Church
           ,
           and
           to
           the
           profit
           of
           our
           Realm
           ,
           have
           granted
           for
           us
           and
           our
           Heirs
           ,
           that
           the
           Charter
           of
           Liberties
           ,
           and
           the
           Charter
           of
           the
           Forrest
           ;
           which
           were
           made
           by
           Common
           Assent
           of
           all
           the
           Realm
           ,
           in
           the
           time
           of
           King
           Henry
           our
           Father
           ,
           shall
           be
           kept
           in
           every
           point
           without
           Breach
           .
           And
           we
           will
           ,
           that
           the
           same
           Charter
           shall
           be
           sent
           under
           our
           Seal
           ,
           as
           well
           to
           our
           Justices
           of
           the
           Forrest
           ,
           as
           to
           others
           ,
           and
           to
           all
           Sheriffs
           of
           Shires
           ,
           and
           to
           all
           our
           other
           Officers
           ,
           and
           to
           all
           our
           Cities
           throughout
           the
           Realm
           ,
           together
           with
           our
           Writs
           ,
           in
           the
           which
           it
           shall
           be
           contained
           that
           they
           cause
           the
           aforesaid
           Charters
           to
           be
           published
           ,
           and
           to
           declare
           to
           the
           People
           that
           we
           have
           Confirmed
           them
           in
           all
           points
           .
           And
           that
           our
           Justicers
           ,
           Sheriffs
           ,
           Majors
           ,
           and
           other
           Ministers
           which
           under
           us
           have
           the
           Laws
           of
           our
           Land
           to
           guide
           ,
           shall
           allow
           the
           same
           Charters
           pleaded
           before
           them
           in
           Jugdment
           in
           all
           their
           points
           ,
           that
           is
           to
           wit
           ,
           the
           Great
           Charter
           as
           the
           Common
           Law
           ,
           and
           the
           Charter
           of
           the
           Forrest
           ,
           for
           the
           Wealth
           of
           our
           Realm
           .
        
         
           
             Chap.
             2.
             
          
           And
           we
           will
           ,
           that
           if
           any
           Judgment
           be
           given
           from
           henceforth
           contrary
           to
           the
           points
           of
           the
           Charters
           aforesaid
           by
           the
           Justicers
           ,
           or
           by
           any
           other
           our
           Ministers
           that
           hold
           plea
           before
           them
           ,
           against
           the
           points
           of
           the
           Charters
           ,
           it
           shall
           be
           undone
           and
           holden
           for
           nought
           .
        
         
         
           
             Cap.
             3.
             
          
           And
           we
           will
           that
           the
           same
           Charters
           shall
           be
           sent
           under
           our
           Seal
           ,
           to
           Cathedral
           Churches
           throughout
           our
           Realm
           ,
           there
           to
           Remain
           ,
           and
           shall
           be
           read
           before
           the
           People
           two
           times
           by
           the
           Year
           .
        
         
           
             Cap.
             4.
             
          
           And
           that
           all
           Archbishops
           and
           Bishops
           shall
           pronounce
           the
           Sentence
           of
           Excommunication
           against
           all
           those
           that
           by
           Word
           ,
           Deed
           ,
           or
           Council
           ,
           do
           contrary
           to
           the
           foresaid
           Charters
           ,
           or
           that
           in
           any
           point
           break
           or
           undo
           them
           .
           And
           that
           the
           said
           Curses
           ,
           be
           twice
           a
           Year
           ddenounced
           and
           published
           by
           the
           Prelates
           aforesaid
           .
           And
           if
           the
           same
           Prelates
           or
           any
           of
           them
           ,
           be
           Remiss
           in
           the
           Denunciation
           of
           the
           said
           Sentences
           ,
           the
           Archbishop
           of
           Canterbury
           and
           York
           for
           the
           time
           being
           ,
           shall
           compel
           and
           distrain
           them
           to
           the
           Execution
           of
           their
           Duties
           in
           Form
           aforesaid
           .
        
         
           
             Cap.
             5.
             
          
           And
           for
           so
           much
           as
           divers
           People
           of
           our
           Realm
           are
           in
           fear
           ,
           that
           the
           Aids
           and
           Tasks
           which
           they
           have
           given
           to
           us
           beforetime
           towards
           our
           Wars
           ,
           and
           other
           Business
           of
           their
           own
           Grant
           ,
           or
           good
           Will
           (
           however
           they
           were
           made
           )
           might
           turn
           to
           a
           bondage
           to
           them
           and
           their
           Heirs
           ,
           because
           they
           might
           be
           at
           another
           time
           found
           in
           the
           Rolls
           ,
           and
           likewise
           for
           the
           prizes
           taken
           throughout
           the
           Realm
           by
           our
           Ministers
           :
           We
           have
           granted
           for
           us
           and
           our
           Heirs
           ,
           that
           we
           shall
           not
           draw
           no
           such
           Aids
           ,
           Tasks
           nor
           Prises
           into
           a
           Custom
           ,
           for
           any
           that
           hath
           been
           done
           heretofore
           ,
           be
           it
           by
           Roll
           ,
           or
           any
           other
           Precedent
           that
           may
           be
           founden
           .
        
         
           
             Cap.
             6.
             
          
           Moerover
           ,
           we
           have
           granted
           for
           us
           and
           our
           Heirs
           ,
           as
           well
           to
           Archbishops
           ,
           Bishops
           ,
           Abbots
           ,
           Priors
           ,
           and
           other
           folk
           of
           Holy
           Church
           ,
           as
           also
           to
           Earls
           ,
           Barons
           ,
           and
           to
           all
           the
           Commonalty
           of
           the
           Land
           ,
           that
           for
           no
           business
           from
           henceforth
           ,
           we
           shall
           take
           such
           manner
           of
           Aids
           ,
           Tasks
           or
           Prises
           ,
           but
           by
           the
           common
           assent
           of
           the
           Realm
           ,
           and
           for
           the
           common
           profit
           thereof
           ;
           saving
           the
           Ancient
           Aids
           and
           Prises
           due
           and
           accustomed
           .
        
         
           
             Cap.
             7.
             
          
           And
           for
           so
           much
           ,
           as
           the
           more
           part
           of
           the
           Commonalty
           of
           the
           Realm
           find
           themselves
           sore
           grieved
           
           with
           the
           Maletot
           of
           Woolls
           ,
           that
           is
           to
           wit
           ,
           a
           Toll
           of
           Forty
           Shillings
           for
           every
           sack
           of
           Wooll
           ,
           and
           have
           made
           Petition
           to
           us
           for
           to
           Release
           the
           same
           :
           We
           at
           their
           Request
           have
           clearly
           Released
           it
           ,
           and
           have
           granted
           for
           us
           and
           our
           Heirs
           ,
           that
           we
           shall
           not
           take
           such
           things
           without
           their
           common
           consent
           and
           good
           will
           ,
           saving
           to
           Us
           and
           Our
           Heirs
           the
           Custom
           of
           Woolls
           ,
           Skins
           and
           Leather
           ,
           granted
           before
           by
           the
           Commonalty
           aforesaid
           .
           In
           Witness
           of
           which
           things
           we
           have
           caused
           our
           Letters
           to
           be
           Patent
           .
        
         
           
             Witness
             Edward
             our
             Son
             ,
             at
             London
             
               the
               10th
               of
               October
               ,
               and
               the
               Twenty
               five
               Year
               of
               our
               Reign
               .
            
          
        
      
       
         
           Sententia
           lata
           super
           Chartas
           .
        
         
           The
           Sentence
           of
           the
           Clergy
           against
           the
           Breakers
           of
           the
           Articles
           above
           written
           .
        
         
           
             IN
             the
             Name
             of
             the
             Father
             ,
             the
             Son
             ,
             and
             the
             Holy
             Ghost
             ,
          
           Amen
           .
           
             Whereas
             our
             Sovereign
             Lord
             the
             King
             ,
             to
             the
             Honour
             of
             God
             ,
             and
             of
             Holy
             Church
             ,
             and
             for
             the
             common
             profit
             of
             the
             Realm
             ,
             hath
             granted
             for
             him
             and
             his
             Heirs
             for
             ever
             ,
             these
             Articles
             above
             written
          
           ;
           Robert
           
             Archbishop
             of
          
           Canterbury
           ,
           
             Primate
             of
             all
          
           England
           
             admonished
             all
             his
             Province
             once
             ,
             twice
             ,
             and
             thrice
             ;
             Because
             that
             shortness
             will
             not
             suffer
             so
             much
             Delay
             ,
             as
             to
             give
             knowledge
             to
             all
             the
             People
             of
          
           England
           
             of
             these
             presents
             in
             Writing
             .
             We
             therefore
             enjoyn
             all
             Persons
             ,
             of
             what
             Estate
             soever
             they
             be
             ,
             that
             they
             and
             every
             of
             them
             ,
             as
             much
             as
             in
             them
             is
             ,
             shall
             uphold
             and
             maintain
             these
             Articles
             granted
             by
             our
             Sov
             .
             L.
             the
             K.
             in
             all
             points
             .
             And
             all
             those
             that
             in
             any
             point
             do
             Resist
             or
             break
             ,
             or
             in
             any
             manner
             hereafter
             procure
             ,
             Counsel
             ,
             or
             any
             ways
             assent
             to
             resist
             or
             break
             those
             Ordinances
             ,
             or
             go
             about
             it
             ,
             by
             word
             or
             deed
             ,
             openly
             or
             privily
             ,
             by
             any
             manner
             of
             Pretence
             or
             Colour
             :
             We
             the
             foresaid
             Arch-bishop
             by
             our
             Authority
             in
             this
             Writing
             expressed
             ,
             do
             Excommunicate
             and
             accurse
             ,
             and
             from
             the
             Body
             
             of
             our
             Lord
             Jesu
             Christ
             ,
             and
             from
             all
             the
             Company
             of
             Heaven
             ,
             and
             from
             all
             the
             Sacraments
             of
             Holy
             Church
             do
             Sequester
             and
             exclude
             .
          
        
      
       
         
           
             NOTES
             .
          
           
             It
             may
             be
             observed
             ,
             that
             this
             Curse
             is
             left
             out
             of
             our
             late
             Printed
             Statute-Book
             ,
             though
             inserted
             at
             large
             in
             that
             Printed
             in
             three
             Volumns
             ,
             in
             Queen
             Elizabeth's
             days
             ,
             Anno.
             1557.
             
             There
             is
             likewise
             another
             like
             dreadful
             ,
             but
             more
             full
             and
             express
             Curse
             ,
             Solemnly
             pronounced
             before
             in
             the
             time
             of
             King
             Henry
             3d.
             which
             being
             also
             omitted
             in
             our
             Modern
             Statute-Book
             ,
             I
             shall
             add
             here
             for
             the
             Readers
             satisfaction
             .
          
        
         
           
             The
             Sentence
             or
             Curse
             given
             by
             the
             Bishops
             against
             the
             Breakers
             of
             the
             Great
             Charter
             .
          
           
             
               IN
               the
               Year
               of
               our
               Lord
               ,
               One
               thousand
               two
               hundred
               and
               fifty
               three
               ,
               the
               Third
               day
               of
            
             May
             ,
             
               in
               the
               great
               Hall
               of
               the
               King
               at
            
             Westminster
             ,
             
               in
               the
               Presence
               and
               by
               the
               assent
               of
               the
               Lord
            
             Henry
             ,
             
               by
               the
               Grace
               of
               God
               ,
               King
               of
            
             England
             ,
             
               and
               the
               Lord
            
             Richard
             
               Earl
               of
            
             Cornwal
             
               his
               Brother
            
             ,
             Roger
             Bigot
             
               Earl
               of
            
             Norfolk
             and
             Suffolk
             ,
             
               Marshal
               of
            
             England
             ,
             Humphry
             
               Earl
               of
            
             Hereford
             ,
             Henry
             
               Earl
               of
            
             Oxford
             ,
             John
             Earl
             Warren
             ,
             
               and
               other
               Estates
               of
               the
               Realm
               of
            
             England
             :
             William
             Boniface
             
               by
               the
               Mercy
               of
               God
               Arch-bishop
               of
            
             Canterbury
             ,
             
               Primate
               of
               all
            
             England
             ;
             
               F.
               of
            
             London
             ,
             
               H.
               of
            
             Ely
             ,
             
               S.
               of
            
             Worcester
             ,
             
               E.
               of
            
             Lincoln
             ,
             W.
             of
             Norwich
             ,
             G.
             of
             Hereford
             ,
             W.
             of
             Salisbury
             ,
             W.
             of
             Durham
             ,
             R.
             of
             Exeter
             ,
             M.
             of
             Carlile
             ,
             W.
             of
             Bath
             ,
             E.
             of
             Rochester
             ,
             T.
             
               of
               Saint
            
             Davids
             :
             
               Bishops
               apparelled
               in
               Pontificials
               with
               Tapers
               burning
               ,
               against
               the
               Breakers
               of
               the
               Churches
               Liberties
               ,
               and
               of
               the
               Liberties
               or
               other
               Customs
               of
               the
               Realm
               of
            
             England
             ,
             
               and
               namely
               of
               those
               which
               are
               contained
               in
               the
               Charter
               
               of
               the
               Common
               Liberties
               of
            
             England
             ,
             
               and
               Charter
               of
               the
               Forrest
               ,
               have
               denounced
               the
               Sentence
               of
               Excommunication
               in
               this
               Form.
               By
               the
               Authority
               of
               Almighty
               God
               ,
               the
               Father
               ,
               the
               Son
               ,
               and
               the
               Holy
               Ghost
               ,
               and
               of
               the
               Glorious
               Mother
               of
               God
               ,
               and
               perpetual
               Virgin
            
             Mary
             ,
             
               of
               the
               Blessed
               Apostles
            
             Peter
             and
             Paul
             ,
             
               and
               of
               all
               Apostles
               ,
               and
               of
               all
               Martyrs
               ,
               of
               Blessed
            
             Edward
             
               King
               of
            
             England
             ,
             
               and
               of
               all
               the
               Saints
               of
               Heaven
               :
               We
               Excommunicate
               ,
               Accurse
               ,
               and
               from
               the
               Benefits
               of
               our
               Holy
               Mother
               the
               Church
               we
               Sequester
               All
               those
               that
               hereafter
               willingly
               and
               maliciously
               deprive
               or
               spoil
               the
               Church
               of
               her
               Right
               :
               And
               all
               those
               that
               by
               any
               Craft
               or
               Wiliness
               do
               Violate
               ,
               Break
               ,
               Diminish
               ,
               or
               Change
               the
               Churches
               Liberties
               ,
               and
               free
               Customs
               contained
               in
               the
               Charters
               of
               the
               Common
               Liberties
               ,
               and
               of
               the
               Forr
               est
               ,
               granted
               by
               our
               Lord
               the
               King
               ,
               to
               Archbishops
               ,
               Bishops
               and
               other
               Prelates
               of
            
             England
             ,
             
               and
               likewise
               to
               the
               Earls
               ,
               Barons
               ,
               Knights
               ,
               and
               other
               Freeholders
               of
               the
               Realm
               :
               And
               all
               that
               secretly
               or
               openly
               ,
               by
               Deed
               ,
               Word
               or
               Council
               ,
            
             do
             make
             Statutes
             ,
             
               or
               observe
               them
               being
               made
               ,
               and
               that
               bring
               in
               Customs
               ,
               or
               keep
               them
               when
               they
               be
               brought
               in
               ,
               against
               the
               said
               Liberties
               ,
               or
               any
               of
               them
               ,
               the
               Writers
               ,
               the
               Law-makers
               ,
               Councellors
               ,
               and
               the
               Executioners
               of
               them
               ,
               and
               all
               those
               that
               shall
               presume
               to
               judge
               against
               them
               .
               All
               and
               every
               which
               Persons
               before
               mentioned
               ,
               that
               wittingly
               shall
               commit
               any
               of
               the
               Premises
               ,
               let
               them
               well
               know
               ,
               that
               they
               incurr
               the
               foresaid
               Sentence
            
             ipso
             facto
             ,
             [
             i.
             e.
             
               upon
               the
               Deed
               done
               .
               ]
               And
               those
               that
               Commit
               ought
               ignorantly
               ,
               and
               be
               admonished
               ,
               except
               they
               reform
               themselves
               within
               15
               dayes
               after
               the
               time
               of
               the
               admonition
               ,
               and
               make
               full
               satisfaction
               for
               that
               they
               have
               done
               ,
               at
               the
               will
               of
               the
               Ordinary
               ,
               shall
               be
               from
               that
               time
               forth
               wrapped
               in
               the
               said
               Sentence
               ;
               and
               with
               the
               same
               Sentence
               we
               burden
               all
               those
               that
               presume
               to
               disturb
               the
               Peace
               of
               our
               Soveraign
               Lord
               the
               King
               ,
               and
               of
               the
               Realm
               .
               
               To
               the
               perpetual
               Memory
               of
               which
               thing
               ,
               we
               the
               foresaid
               Prelates
               have
               put
               our
               Seals
               to
               these
               presents
               .
            
          
        
         
           
             So
             Zealous
             were
             our
             Ancestors
             to
             preserve
             their
             Liberties
             from
             encroachments
             ,
             that
             they
             employed
             all
             the
             strength
             of
             humane
             Policy
             and
             Religious
             Obligations
             to
             secure
             them
             intire
             and
             inviolate
             .
             And
             since
             this
             Act
             is
             still
             in
             as
             much
             force
             as
             the
             Act
             against
             Conventicles
             ,
             I
             cannot
             fadome
             the
             Reason
             why
             our
             Prelates
             should
             not
             as
             well
             hold
             themselves
             obliged
             twice
             a
             Year
             to
             accurse
             the
             Infringers
             thereof
             ,
             as
             to
             Prosecute
             
               Protestant
               Dissenters
            
             :
             However
             we
             may
             note
             ,
             that
             by
             this
             Statute
             ,
             Chap.
             2.
             it
             is
             expresly
             provided
             ,
             that
             if
             any
             Judgments
             be
             given
             from
             that
             time
             forwards
             against
             any
             of
             the
             points
             of
             
               Magna
               Charta
            
             ,
             they
             shall
             be
             annull'd
             and
             holden
             for
             nought
             ;
             therefore
             Quaere
             whether
             the
             conviction
             of
             
               Protestant
               Dissenters
            
             by
             a
             Justice
             ,
             and
             spoiling
             them
             of
             their
             goods
             without
             any
             Trial
             and
             Conviction
             by
             a
             Jury
             ,
             (
             which
             is
             expresly
             against
             the
             29
             Chapter
             of
             
               Magna
               Charta
            
             )
             ought
             not
             to
             be
             taken
             notice
             of
             ,
             and
             redress'd
             ,
             and
             the
             original
             Promoters
             thereof
             to
             be
             Curs'd
             by
             my
             Lords
             the
             Bishops
             as
             aforesaid
             ?
             ]
          
        
      
       
         
           
             
               A
               Statute
               made
            
             Anno
             34
             Edw.
             1.
             
               commonly
               called
            
             de
             Tallageo
             non
             Concedendo
             .
          
           
             
               CHAP.
               I.
               
            
             
               The
               King
               or
               his
               Heirs
               shall
               have
               no
               Tallage
               or
               Aid
               without
               consent
               of
               Parliament
               .
            
             
               NO
               Tallage
               or
               Aid
               shall
               be
               taken
               or
               Levied
               by
               Us
               or
               our
               Heirs
               in
               our
               Realm
               ,
               without
               the
               good
               Will
               and
               Assent
               of
               Arch-Bishops
               ,
               Bishops
               ,
               Earls
               ,
               Barons
               ,
               Knights
               ,
               Burgesses
               ,
               and
               other
               Freemen
               of
               the
               Land.
               
            
          
           
             
             
               CHAP.
               II.
               
            
             
               Nothing
               shall
               be
               purveyed
               to
               the
               Kings
               Vse
               without
               the
               Owners
               consent
               .
            
             
               NO
               Officer
               of
               ours
               ,
               or
               of
               our
               Heirs
               ,
               shall
               take
               Corn
               ,
               Leather
               ,
               Cattel
               ,
               or
               any
               other
               Goods
               of
               any
               manner
               of
               Person
               ,
               without
               the
               good
               Will
               and
               Assent
               of
               the
               Party
               to
               whom
               the
               Goods
               belonged
               .
            
          
           
             
               CHAP.
               III.
               
            
             
               Nothing
               shall
               be
               taken
               of
               Sacks
               of
               Wooll
               by
               Colour
               of
               Maletot
               .
            
             
               NOthing
               from
               henceforth
               shall
               be
               taken
               of
               Sacks
               of
               Wooll
               by
               colour
               or
               occasion
               of
               Maletot
               .
            
          
           
             
               CHAP.
               IV.
               
            
             
               All
               Laws
               ,
               Liberties
               ,
               and
               Customs
               ,
               confirmed
               .
            
             
               WE
               Will
               and
               Grant
               for
               Us
               and
               our
               Heirs
               ,
               That
               all
               Clerks
               and
               Lay-men
               of
               our
               Land
               ,
               shall
               have
               their
               Laws
               ,
               Liberties
               ,
               and
               free
               Customs
               as
               largely
               and
               wholly
               ,
               as
               they
               have
               used
               to
               have
               the
               same
               at
               any
               time
               when
               they
               had
               them
               best
               .
               (
               2.
               )
               And
               if
               any
               Statutes
               have
               been
               made
               by
               Us
               and
               our
               Ancestors
               ,
               or
               any
               Customs
               brought
               in
               contrary
               to
               them
               ,
               or
               any
               manner
               of
               Article
               contained
               in
               this
               present
               Charter
               :
               We
               Will
               and
               grant
               that
               such
               manner
               of
               Statutes
               and
               Customs
               shall
               be
               void
               and
               frustrate
               for
               evermore
               .
            
          
           
             
               CHAP.
               V.
               
            
             
               Pardon
               granted
               to
               certain
               Offenders
               .
            
             
               MOreover
               we
               have
               pardoned
               
                 Humphrey
                 Bohun
              
               ,
               Earl
               of
               Hereford
               ,
               and
               Essex
               ,
               Constable
               of
               
                 England
                 ,
                 Roger
              
               Earl
               of
               Norfolk
               and
               Suffolk
               ,
               Marshal
               of
               England
               ,
               and
               other
               Earls
               ,
               Barons
               ,
               Knights
               ,
               Esquires
               ,
               and
               namely
               ,
               
                 John
                 de
                 Ferrariis
              
               ,
               with
               all
               other
               being
               of
               their
               Fellowship
               ,
               Consederacy
               ,
               and
               Bond
               ,
               and
               also
               of
               other
               that
               hold
               20
               l.
               Land
               in
               our
               Realm
               ,
               whether
               they
               hold
               of
               us
               in
               Chief
               or
               of
               others
               ,
               that
               were
               appointed
               at
               a
               day
               certain
               to
               pass
               over
               with
               us
               into
               Flanders
               ,
               the
               Rancour
               and
               Evil
               will
               born
               
               against
               us
               ,
               and
               all
               other
               Offences
               if
               any
               they
               have
               committed
               against
               us
               ,
               unto
               the
               making
               of
               this
               present
               Charter
               .
            
          
           
             
               CHAP.
               VI.
               
            
             
               The
               Curse
               of
               the
               Church
               shall
               be
               Pronounced
               against
               the
               Breakers
               of
               this
               Charter
               .
            
             
               ANd
               for
               the
               more
               assurance
               of
               this
               thing
               ,
               we
               will
               and
               grant
               that
               all
               Archbishops
               and
               Bishops
               for
               ever
               ,
               shall
               read
               this
               present
               Charter
               in
               Cathedral
               Churches
               twice
               in
               the
               Year
               ,
               and
               upon
               the
               Reading
               thereof
               in
               every
               of
               their
               Parish-Churches
               shall
               openly
               Denounce
               accursed
               all
               those
               that
               willingly
               do
               procure
               to
               be
               done
               any
               thing
               contrary
               to
               the
               tenour
               ,
               force
               and
               effect
               of
               this
               present
               Charter
               in
               any
               point
               and
               article
               .
               In
               witness
               of
               which
               thing
               we
               have
               set
               our
               Seal
               to
               this
               present
               Charter
               ,
               together
               with
               the
               Seals
               of
               the
               Archbishops
               ,
               Bishops
               ,
               which
               voluntarily
               have
               sworn
               ,
               that
               as
               much
               as
               in
               them
               is
               ,
               they
               shall
               observe
               the
               tenour
               of
               this
               present
               Charter
               in
               all
               Causes
               and
               Articles
               ,
               and
               shall
               extend
               their
               faithful
               Aid
               to
               the
               keeping
               thereof
               ,
               &c.
               
            
          
        
         
           
             The
             Comment
             .
          
           
             THe
             word
             Tallage
             is
             derived
             from
             the
             French
             word
             Tailler
             ,
             to
             share
             or
             cut
             out
             a
             part
             ,
             and
             is
             Metaphorically
             used
             for
             any
             Charge
             ,
             when
             the
             King
             or
             any
             other
             does
             cut
             out
             or
             take
             away
             any
             part
             or
             share
             out
             of
             a
             Mans
             Estate
             ,
             and
             being
             a
             general
             word
             ,
             it
             includes
             all
             Subsidies
             ,
             Taxes
             ,
             Tenths
             ,
             Aids
             ,
             Impositions
             or
             other
             Charges
             whatsoever
             .
          
           
             The
             word
             Maletot
             signifies
             an
             Evil
             (
             that
             is
             ,
             an
             unjust
             )
             Toll
             ,
             Custom
             ,
             Imposition
             or
             Sum
             of
             Money
             .
          
           
             The
             occasion
             of
             making
             this
             Statute
             was
             this
             :
             King
             Edward
             being
             injured
             by
             the
             French
             King
             ,
             resolves
             to
             make
             War
             against
             him
             ,
             and
             in
             order
             thereunto
             requires
             of
             
               Humphrey
               le
               Bohun
            
             Earl
             of
             Hereford
             and
             Essex
             ,
             and
             Constable
             of
             England
             ,
             and
             of
             
               Roger
               
               Bigot
            
             Earl
             of
             Norfolk
             and
             Suffolk
             ,
             and
             Marshal
             of
             England
             ,
             and
             of
             all
             the
             
               Earls
               ,
               Barons
               ,
               Knights
               ,
               Esquires
            
             and
             Freeholders
             of
             20
             l.
             Land
             ,
             whether
             they
             held
             of
             him
             in
             Capite
             ,
             to
             contribute
             towards
             such
             his
             expedition
             ,
             that
             is
             ,
             to
             go
             in
             Person
             or
             find
             sufficient
             Men
             in
             their
             places
             in
             his
             Army
             ;
             which
             the
             Constable
             and
             Marshal
             ,
             and
             many
             of
             the
             Knights
             and
             Esquires
             ,
             and
             especially
             this
             
               John
               Ferrers
            
             taking
             part
             with
             them
             and
             all
             the
             Freemen
             ,
             stoutly
             denyed
             ,
             unless
             it
             were
             so
             ordained
             and
             determined
             by
             common
             consent
             in
             Parliament
             according
             to
             Law.
             And
             it
             seems
             the
             contest
             grew
             so
             hot
             ,
             that
             Baker's
             Chronicle
             ,
             Folio
             99.
             relates
             a
             strange
             Dialogue
             that
             pass'd
             between
             them
             ,
             viz.
             That
             when
             the
             
               Earl
               Marshal
            
             told
             the
             King
             ,
             
               That
               if
               his
               Majesty
               pleased
               to
               go
               in
               Person
               ,
               he
               would
               then
               go
               with
               him
               ,
               and
               march
               before
               him
               in
               the
               Van-Guard
               ,
               as
               by
               right
               of
               Inheritance
               he
               ought
               to
               do
               ;
               but
               otherwise
               he
               would
               not
               stir
               ;
               the
               King
               told
            
             him
             plainly
             ,
             
               he
               should
               go
               with
               any
               other
               ,
               though
               he
               went
               not
               in
               Person
               .
               I
               am
               not
               so
               bound
            
             (
             saith
             the
             Earl
             )
             
               neither
               will
               I
               take
               that
               Journey
               without
            
             you
             :
             The
             King
             swore
             ,
             
               By
               God
               ,
               Sir
               Earl
               ,
               you
               shall
               either
               go
               or
               Hang
               :
            
             And
             
               I
               swear
               by
               the
               same
               Oath
            
             (
             said
             the
             Earl
             )
             
               I
               will
               neither
               go
               nor
               Hang.
            
             And
             so
             the
             King
             was
             forc'd
             to
             dispatch
             his
             expedition
             without
             them
             .
             And
             yet
             (
             saith
             my
             Lord
             Coke
             )
             altho
             the
             King
             had
             conceived
             a
             deep
             displeasure
             against
             the
             Constable
             ,
             Marshal
             ,
             and
             others
             of
             the
             Nobility
             ,
             Gentry
             ,
             and
             Commons
             of
             the
             Realm
             ,
             for
             denying
             that
             which
             he
             so
             much
             desired
             ,
             yet
             ,
             
               for
               that
               they
               stood
               in
               defence
               of
               their
               Laws
               ,
               Liberties
               ,
               and
               free
               Customes
               ,
            
             the
             said
             King
             Edward
             the
             First
             ,
             who
             (
             as
             Sir
             
               William
               Herle
            
             Chief
             Justice
             of
             the
             Common-Pleas
             ,
             who
             lived
             in
             his
             time
             and
             served
             him
             ,
             said
             in
             the
             time
             of
             King
             Edward
             the
             3d.
             )
             was
             
               the
               wisest
               King
               that
               ever
               was
            
             ;
             did
             after
             his
             return
             from
             beyond
             the
             Seas
             ,
             not
             only
             consent
             to
             this
             Statute
             ,
             whereby
             all
             such
             Tallages
             and
             Impositions
             are
             forbidden
             
             for
             the
             future
             ,
             but
             also
             passes
             a
             Pardon
             to
             the
             said
             Nobles
             ,
             &c.
             of
             all
             Rancour
             ,
             Ill-will
             and
             Transgressions
             ,
             
               If
               any
               they
               have
               committed
            
             ;
             which
             last
             words
             were
             added
             ,
             lest
             by
             acceptance
             of
             a
             Pardon
             of
             Transgression
             ,
             they
             should
             implicitely
             confess
             that
             they
             had
             Transgressed
             ;
             so
             careful
             were
             the
             Lords
             and
             Commons
             in
             former
             times
             to
             preserve
             the
             Ancient
             Laws
             ,
             Liberties
             ,
             and
             free
             Customs
             of
             their
             Country
             .
          
           
             But
             note
             ,
             these
             words
             ,
             
               Si
               quas
               fecerint
               ,
               If
               any
               they
               have
               committed
               ,
            
             are
             left
             out
             in
             all
             the
             Printed
             Books
             of
             Statutes
             ;
             but
             they
             are
             in
             this
             Statute
             recited
             by
             Coke
             ,
             in
             his
             second
             Book
             of
             Institutes
             ,
             Fo.
             535.
             and
             specially
             noted
             ,
             which
             he
             would
             never
             have
             done
             ,
             if
             it
             had
             not
             been
             so
             in
             the
             Rolls
             .
             And
             since
             't
             is
             probable
             them
             may
             be
             many
             more
             like
             
               Omissions
               ,
               Mistakes
            
             or
             Falsifications
             ,
             crept
             into
             the
             Prints
             ,
             and
             for
             that
             the
             R●●●●d
             not
             the
             printed
             Satute-Book
             (
             varying
             from
             the
             Records
             )
             is
             
               the
               Law
            
             ,
             It
             were
             to
             be
             wished
             that
             all
             the
             
               Rolls
               of
               Acts
               of
               Parliament
            
             were
             carefully
             by
             some
             
               Persons
            
             of
             Learning
             and
             Integrity
             ,
             view'd
             and
             
               Compared
            
             with
             the
             Prints
             ,
             and
             notice
             taken
             of
             all
             such
             Var●●tions
             ,
             and
             of
             Errors
             committed
             in
             the
             Translations
             ,
             and
             of
             any
             Statutes
             of
             a
             publick
             Import
             ,
             if
             in
             force
             ,
             that
             were
             
               never
               printed
            
             ,
             and
             the
             same
             to
             be
             made
             publick
             .
          
        
      
       
         
           
             Anno
             25
             Edw.
             3.
             
          
           
             
               CAP.
               II.
               
            
             
               A
               Declaration
               what
               Offences
               shall
               be
               adjudged
               Treason
               .
            
             
               WHereas
               diverse
               opinions
               have
               been
               before
               this
               time
               in
               what
               Case
               Treason
               shall
               be
               said
               ,
               and
               in
               what
               not
               .
               (
               2.
               )
               The
               King
               at
               the
               Request
               of
               the
               Lords
               and
               of
               the
               Commons
               ,
               hath
               made
               a
               declaration
               in
               the
               manner
               as
               hereafter
               followeth
               ,
               that
               is
               to
               say
               ,
               When
               a
               Man
               doth
               Compass
               or
               Imagine
               
               the
               Death
               of
               our
               Lord
               the
               King
               ,
               or
               of
               our
               Lady
               his
               Queen
               ,
               or
               of
               their
               eldest
               Son
               and
               Heir
               .
               (
               3.
               )
               Or
               if
               a
               man
               do
               violate
               the
               Kings
               Companion
               ,
               or
               the
               Kings
               Eldest
               Daughter
               unmarried
               ,
               or
               the
               Wife
               of
               the
               Kings
               Eldest
               Son
               and
               Heir
               .
               (
               4.
               )
               Or
               if
               a
               Man
               do
               Levy
               War
               against
               our
               Lord
               the
               King
               in
               his
               Realm
               ,
               or
               be
               Adherent
               to
               the
               Kings
               Enemies
               in
               his
               Realm
               ,
               giving
               them
               Aid
               and
               Comfort
               in
               the
               Realm
               ,
               or
               elsewhere
               ,
               and
               thereof
               be
               provably
               Attainted
               of
               open
               Deed
               by
               the
               People
               of
               their
               Condition
               .
               (
               5.
               )
               And
               if
               a
               Man
               Counterfeit
               the
               Kings
               Great
               or
               Privy-Seal
               ,
               or
               his
               Money
               .
               (
               6.
               )
               And
               if
               a
               Man
               bring
               false
               Money
               into
               this
               Realm
               ,
               Counterfeit
               to
               the
               Money
               of
               England
               ,
               as
               the
               Money
               called
               Lushburgh
               ,
               or
               other
               like
               to
               the
               said
               Money
               of
               England
               ,
               knowing
               the
               Money
               to
               be
               false
               ,
               to
               Merchandise
               ,
               or
               make
               payment
               ,
               in
               deceit
               of
               our
               said
               Lord
               the
               King
               ,
               and
               of
               his
               People
               .
               (
               7.
               )
               And
               if
               a
               Man
               Slay
               the
               Chancellor
               ,
               Treasurer
               ,
               or
               the
               Kings
               Justice
               of
               the
               one
               Bench
               or
               the
               other
               ,
               Justices
               in
               Eyre
               ,
               or
               Justices
               of
               Assize
               ,
               and
               all
               other
               Justices
               Assigned
               to
               Hear
               and
               Determine
               ,
               being
               in
               their
               Places
               doing
               their
               Offices
               .
               (
               8.
               )
               And
               it
               is
               to
               be
               understood
               ,
               that
               in
               the
               Cases
               above
               rehearsed
               that
               ought
               to
               be
               judged
               Treason
               ,
               which
               extends
               to
               our
               Lord
               the
               King
               ,
               and
               of
               his
               Royal
               Majesty
               .
               (
               9.
               )
               And
               of
               such
               Treason
               the
               Forfeiture
               of
               the
               Escheats
               pertaineth
               to
               our
               Lord
               ,
               as
               well
               of
               the
               Lands
               and
               Tenement
               holden
               of
               other
               ,
               as
               of
               himself
               .
               (
               10.
               )
               And
               moreover
               ,
               there
               is
               another
               manner
               of
               Treason
               ,
               that
               is
               to
               say
               ,
               when
               a
               Servant
               slayeth
               his
               Master
               ,
               or
               a
               Wife
               her
               Husband
               ,
               or
               when
               a
               Man
               ,
               Secular
               or
               Religious
               ,
               slayeth
               his
               Prelate
               ,
               to
               whom
               he
               oweth
               Faith
               and
               Obedience
               .
               (
               11.
               )
               And
               of
               such
               Treason
               the
               Escheats
               cught
               to
               pertain
               to
               every
               Lord
               of
               his
               own
               Fee.
               (
               12.
               )
               And
               because
               that
               many
               other
               like
               Cases
               of
               Treason
               may
               happen
               in
               time
               to
               come
               ,
               which
               a
               man
               cannot
               think
               nor
               declare
               at
               this
               present
               time
               ;
               it
               is
               Accorded
               ,
               That
               if
               any
               other
               
               Case
               ,
               supposed
               Treason
               ,
               which
               is
               not
               above
               specified
               ,
               doth
               happen
               before
               any
               Justices
               ,
               the
               Justices
               shall
               tarry
               without
               any
               going
               to
               Judgment
               of
               the
               Treason
               ,
               till
               the
               Cause
               be
               shewed
               and
               declared
               before
               the
               King
               and
               his
               Parliament
               ,
               whether
               it
               ought
               to
               be
               judged
               Treason
               or
               other
               Felony
               .
               (
               13.
               )
               And
               if
               percase
               any
               Man
               of
               this
               Realm
               ,
               Ride
               Armed
               covertly
               or
               secret
               with
               Men
               of
               Arms
               against
               any
               other
               ,
               to
               Slay
               him
               ,
               or
               Rob
               him
               ,
               or
               Take
               him
               ,
               or
               Retain
               him
               till
               he
               hath
               made
               Fine
               or
               Ransome
               for
               to
               have
               his
               deliverance
               ,
               it
               is
               not
               the
               mind
               of
               the
               King
               nor
               his
               Council
               ,
               that
               in
               such
               Case
               it
               shall
               be
               judged
               Treason
               ,
               but
               shall
               be
               judged
               Felony
               or
               Trespass
               ,
               according
               to
               the
               Laws
               of
               the
               Land
               of
               old
               time
               used
               ,
               and
               according
               as
               the
               Case
               requireth
               .
               (
               14.
               )
               And
               if
               in
               such
               Case
               or
               other
               like
               ,
               before
               this
               time
               any
               Justices
               have
               judged
               Treason
               ,
               and
               for
               this
               cause
               the
               Lands
               and
               Tenements
               have
               come
               into
               the
               Kings
               hands
               as
               forfeit
               ,
               the
               chief
               Lords
               of
               the
               Fee
               shall
               have
               the
               Escheats
               of
               the
               Tenements
               holden
               of
               them
               ,
               whether
               that
               the
               same
               Tenements
               be
               in
               the
               Kings
               hands
               ,
               or
               in
               others
               ,
               by
               Gift
               ,
               or
               in
               other
               manner
               .
               (
               15.
               )
               Saving
               always
               to
               our
               Lord
               the
               King
               the
               Year
               and
               the
               Waste
               ,
               and
               the
               sorfeitures
               of
               Chattels
               ,
               which
               pertain
               to
               him
               in
               the
               Cases
               above
               named
               .
               (
               16.
               )
               And
               that
               the
               Writs
               of
               
                 Scire
                 Facias
              
               be
               granted
               in
               such
               Case
               against
               the
               Land-Tenants
               ,
               without
               other
               Original
               ,
               and
               without
               allowing
               any
               Protection
               in
               the
               said
               Suit.
               (
               17.
               )
               And
               that
               of
               the
               Lands
               which
               be
               in
               the
               Kings
               hands
               ,
               Writs
               be
               granted
               to
               the
               Sheriffs
               of
               the
               Counties
               where
               the
               Lands
               be
               ,
               to
               deliver
               them
               out
               of
               the
               Kings
               hands
               without
               delay
               .
            
          
        
         
           
           
             The
             Comment
             .
          
           
             TReason
             is
             derived
             from
             Trabir
             ,
             which
             signifies
             Treacherously
             to
             betray
             ;
             when
             it
             concerns
             the
             Government
             and
             the
             Publick
             ,
             't
             is
             called
             
               High
               Treason
            
             ,
             but
             against
             particular
             Persons
             ,
             as
             a
             Wife
             killing
             her
             Husband
             ,
             a
             Servant
             his
             Master
             ,
             &c.
             it
             is
             
               Petty
               Treason
            
             ,
          
           
             High
             Treason
             in
             the
             Civil
             Law
             is
             called
             
               Crimen
               Laesae
               Majestatis
            
             ,
             a
             
               Crime
               wronging
               Majesty
            
             ,
             but
             in
             our
             Common-Law-Latine
             ,
             
               Alta
               proditio
            
             ,
             and
             in
             an
             Indictment
             for
             this
             offence
             the
             word
             Proditorie
             must
             be
             in
             .
          
           
             Before
             the
             making
             this
             Act
             ,
             so
             
               many
               things
            
             were
             charged
             as
             
               High
               Treason
            
             ,
             That
             no
             Man
             knew
             how
             to
             behave
             himself
             :
             Now
             by
             this
             Statute
             ,
             the
             particulars
             of
             that
             Grand
             Crime
             are
             reckoned
             up
             ,
             and
             all
             others
             excluded
             ,
             till
             declared
             by
             Parliament
             .
             And
             the
             settling
             of
             this
             Affair
             was
             esteemed
             of
             such
             Importance
             to
             the
             Publick-Weal
             ,
             That
             the
             Parliament
             wherein
             this
             Act
             passed
             ,
             was
             called
             long
             after
             
               Benedictum
               Parliamentum
               ,
               the
               Blessed
               Parliament
               .
            
          
           
             The
             substance
             of
             this
             Statute
             is
             branched
             out
             by
             my
             Lord
             Cook
             3d.
             part
             of
             Instit.
             Fol.
             3.
             into
             six
             Heads
             .
             viz.
             
          
           
             The
             first
             concerning
             Death
             ,
             by
             compassing
             or
             imagining
             the
             death
             of
             the
             King
             ,
             Queen
             ,
             or
             Prince
             ,
             and
             declaring
             the
             same
             by
             some
             Overt
             Deed.
             By
             killing
             and
             murdering
             of
             the
             Chancellor
             ,
             Treasurer
             ,
             Justices
             of
             either
             Bench
             ,
             Justices
             in
             Eyre
             ,
             Justices
             of
             Assize
             ,
             Justices
             of
             Oier
             and
             Terminer
             ,
             In
             their
             Places
             doing
             their
             Offices
             .
          
           
             The
             second
             is
             to
             Violate
             ,
             that
             is
             ,
             to
             Carnally
             know
             the
             Queen
             ,
             the
             Kings
             Eldest
             Daughter
             unmarried
             ,
             the
             Princes
             Wife
             .
          
           
             The
             third
             is
             ,
             Levying
             War
             against
             the
             King.
             
          
           
           
             The
             fourth
             is
             ,
             Adhering
             to
             the
             Kings
             Enemies
             ,
             within
             the
             Realm
             or
             without
             ,
             and
             declaring
             the
             same
             by
             some
             overt
             Act.
             
          
           
             The
             fifth
             is
             ,
             Counterfeiting
             of
             the
             Great
             ,
             the
             Privy
             Seal
             ,
             or
             the
             Kings
             Coin.
             
          
           
             The
             sixth
             and
             last
             ,
             by
             bringing
             into
             this
             Realm
             Counterfeit
             Mony
             to
             the
             likeness
             of
             the
             Kings
             Coin.
             
          
           
             Now
             as
             to
             the
             particular
             Exposition
             of
             the
             several
             parts
             of
             this
             Statute
             :
          
           
             1.
             
             
               When
               a
               man
            
             doth
             compass
             ,
             &c.
             in
             the
             Original
             it
             is
             
               Quant
               Home
            
             ,
             which
             extends
             to
             both
             Sexes
             ,
             but
             one
             that
             is
             
               Non
               compos
               mentis
            
             ,
             or
             an
             Infant
             within
             the
             Age
             of
             discretion
             ,
             is
             not
             included
             ;
             but
             all
             Allens
             within
             the
             Realm
             of
             England
             ,
             being
             thereby
             under
             the
             Kings
             Protection
             ,
             and
             owing
             a
             Local
             Allegiance
             ,
             if
             they
             commit
             Treason
             may
             be
             punisht
             by
             this
             Act
             ,
             but
             otherwise
             it
             is
             of
             an
             Enemy
             .
          
           
             2.
             
             
               To
               compass
               and
               Imagine
            
             ,
             Is
             to
             contrive
             ,
             design
             or
             intend
             the
             death
             of
             the
             King
             ;
             but
             this
             must
             be
             declared
             by
             some
             Overt
             Act.
             But
             declaring
             by
             an
             open
             Act
             a
             design
             to
             Depose
             or
             Imprison
             the
             King
             ,
             is
             an
             Over
             Act
             to
             manifest
             the
             compassing
             his
             death
             .
             For
             they
             that
             will
             depose
             their
             King
             ,
             will
             not
             stick
             to
             Murder
             him
             ,
             rather
             than
             fail
             of
             their
             end
             ,
             and
             (
             as
             King
             Charles
             the
             First
             excellently
             observed
             ,
             and
             lamentably
             experienced
             )
             
               There
               are
               commonly
               but
               few
               steps
               between
               the
               Prisons
               and
               the
               Graves
               of
               Princes
               .
            
          
           
             3.
             
             By
             the
             word
             King
             ,
             is
             intended
             ,
             1.
             
             A
             King
             before
             his
             Coronation
             ,
             as
             soon
             as
             ever
             the
             Crown
             descends
             upon
             him
             ,
             for
             the
             Coronation
             is
             but
             a
             Ceremony
             .
             2.
             
             A
             King
             
               de
               Facto
            
             ,
             and
             not
             
               de
               Jure
            
             ,
             is
             a
             King
             within
             this
             Act
             ,
             and
             a
             Treason
             against
             him
             is
             punishable
             ,
             thô
             the
             Right
             Heir
             get
             the
             Crown
             .
             3.
             
             A
             Titular
             King
             ,
             as
             the
             Husband
             of
             the
             Queen
             ,
             is
             not
             a
             King
             within
             this
             Act
             ,
             but
             the
             Queen
             is
             ,
             for
             the
             word
             King
             here
             includes
             both
             Sexes
             .
          
           
             4.
             
             What
             is
             to
             be
             understood
             by
             
               the
               Kings
               Eldest
               Son
               and
               Heir
               within
               this
               Act
               ?
            
             I
             answer
             ,
             1.
             
             A
             second
             
             Son
             after
             the
             death
             of
             the
             first
             Born
             ,
             is
             within
             the
             Act
             ,
             for
             he
             is
             then
             Eldest
             .
             Secondly
             ,
             The
             Eldest
             Son
             of
             a
             Queen
             Regnant
             is
             as
             well
             within
             the
             Statute
             ,
             as
             of
             a
             King.
             Thirdly
             ,
             The
             Collateral
             Heir
             Apparent
             or
             Presumptive
             is
             not
             within
             this
             Statute
             .
             
               Roger
               Mortimer
            
             Earl
             of
             March
             was
             in
             
               Anno
               Dom.
            
             1487.
             
             (
             11
             Rich.
             2.
             )
             Proclaimed
             Heir
             Apparent
             .
             Anno
             39.
             
             Hen.
             6.
             
             Richard
             Duke
             of
             York
             was
             likewise
             Proclaimed
             Heir
             Apparent
             ,
             and
             so
             was
             
               John
               de
               la
               Poolen
            
             ,
             Earl
             of
             Lincoln
             ,
             by
             Rich.
             3.
             
             And
             Henry
             Marquess
             of
             Exeter
             ,
             by
             King
             Henry
             the
             8.
             
             But
             none
             of
             these
             or
             the
             like
             are
             within
             the
             Purview
             of
             this
             Statute
             ,
             saith
             my
             Lord
             Coke
             ,
             3
             Instit
             .
             fol.
             9.
             
          
           
             5.
             
             Note
             ,
             Whereas
             in
             the
             Printed
             Statute-Books
             ,
             it
             is
             there
             said
             ,
             
               probably
               Attainted
            
             ,
             the
             same
             is
             a
             great
             error
             :
             For
             the
             words
             of
             the
             Record
             are
             ,
             
               Et
               de
               ceo
               PROVABLEMENT
               soit
               Attaint
               :
               And
               shall
               be
               thereof
               PROVABLY
               Attaint
               :
            
             And
             I
             cannot
             but
             admire
             ,
             that
             such
             a
             Gross
             mistake
             should
             be
             suffered
             ,
             since
             my
             Lord
             Coke
             has
             so
             expresly
             observed
             the
             difference
             ,
             in
             these
             words
             following
             ,
             3
             Instit
             .
             fol.
             12.
             
             
               In
               this
               Branch
            
             (
             says
             he
             )
             
               four
               things
               are
               to
               be
               observed
               :
            
             1.
             
             
               This
               word
               [
               Provablement
               ]
               Provably
               ,
               that
               is
               ,
               upon
            
             direct
             and
             manifest
             proof
             ,
             
               not
               upon
            
             Conjectural
             presumptions
             or
             Inferences
             ,
             or
             strains
             of
             Wit
             ,
             
               but
               upon
               good
               and
               sufficient
               proof
               .
               And
               herein
               the
               Adverb
            
             [
             Provablement
             ]
             provably
             ,
             
               hath
               a
               great
               force
               ,
               and
               signifieth
            
             a
             direct
             and
             plain
             proof
             ,
             
               which
               word
               the
               King
               ,
               the
               Lords
               ,
               and
               Commons
               in
               Parliament
               did
               use
               ,
               for
               that
               the
               offence
               was
               hainous
               ,
               and
               was
               so
               heavily
               and
               severely
               punished
               ,
               as
               none
               other
               the
               like
               ,
               and
               therefore
               the
               offender
               must
            
             Provably
             
               be
               Attainted
               ,
               which
               words
               are
               as
               forcible
               ,
            
             as
             upon
             direct
             and
             manifest
             proof
             .
             
               Note
               ,
               the
               word
               is
               ,
               not
            
             [
             Probably
             ]
             
               for
               then
            
             Commune
             Argumentum
             
               might
               have
               served
               ;
               but
               the
               word
               is
               ,
            
             [
             Provably
             ]
             
               be
               Attainted
               .
               Secondly
               ,
               This
               word
            
             [
             Attaint
             ]
             
               necessarily
               implyeth
               that
               he
               be
               proceeded
               
               with
               ,
               and
               Attainted
               according
               to
               the
            
             due
             Course
             
               and
               proceedings
               of
               Law
               ,
               and
               not
            
             by
             Absolute
             power
             ,
             
               or
               by
               other
               means
               ,
               as
               in
               former
               times
               had
               been
               used
               .
               And
               therefore
               if
               a
               Man
               doth
               adhere
               to
               the
               Enemies
               of
               the
               King
               ,
               or
               be
            
             slain
             
               in
               open
               War
               against
               the
               King
               ,
               or
               otherwise
            
             die
             
               before
               the
               Attainder
               of
               Treason
            
             ,
             he
             forfeiteth
             nothing
             ,
             
               because
               (
               as
               this
               Act
               saith
               )
               he
               is
            
             not
             Attainted
             :
             
               wherein
               this
               Act
               hath
               altered
               that
               ,
               which
               before
               this
               Act
               ,
               in
               Case
               of
               Treason
               was
               taken
               for
            
             Law
             ;
             
               And
               the
               Statute
               of
            
             34
             E.
             3.
             
             Cap.
             12.
             
               saves
               nothing
               to
               the
               King
               ,
               but
               that
               which
               was
            
             in
             Esse
             ,
             
               and
               pertaining
               to
               the
               King
               at
               the
               making
               of
               that
               Act.
               And
               this
               appeareth
               by
               a
               Judgment
               in
               Parliament
               in
            
             Ann.
             29.
             
             H.
             6.
             
             Cap.
             1.
             
             That
             Jack
             Cade
             
               being
               slain
               in
               open
               Rebellion
               could
               no
               way
               be
               punished
               ,
               or
               forfeit
               any
               thing
               ,
               and
               therefore
               was
               Attainted
               by
               that
            
             Act
             
               of
               High
               Treason
            
             .
             Thirdly
             ,
             
               Of
               open
               Deed
               ,
               per
               Apertum
               Factum
               ,
            
             these
             words
             strengthen
             the
             former
             Exposition
             of
             
               [
               Provablement
               ,
            
             ]
             an
             
               Overt
               Act
            
             must
             be
             alledged
             in
             every
             Indictment
             upon
             this
             Act
             ,
             and
             proved
             .
             Compassing
             by
             bare
             words
             is
             not
             an
             Overt
             Act
             ,
             as
             appears
             by
             many
             Temporary
             Statutes
             against
             it
             .
             But
             there
             must
             be
             some
             open
             Act
             ,
             which
             must
             be
             
               manifestly
               proved
            
             .
             As
             if
             divers
             do
             Conspire
             the
             Death
             of
             the
             King
             ,
             and
             the
             manner
             how
             ,
             and
             thereupon
             provide
             
               Weapons
               ,
               Powder
               ,
               Poison
               ,
               Harness
               ,
               send
               Letters
               ,
            
             or
             the
             like
             ,
             for
             the
             Execution
             of
             the
             Conspiracy
             .
             If
             a
             Man
             be
             Arraigned
             upon
             an
             Indictment
             of
             High
             Treason
             ,
             and
             stand
             Mute
             [
             that
             is
             ,
             refuse
             to
             Plead
             ]
             he
             is
             not
             to
             be
             Pressed
             to
             death
             ,
             but
             shall
             have
             the
             same
             Judgment
             ,
             and
             incurr
             such
             forfeiture
             ,
             as
             if
             he
             had
             been
             Convicted
             by
             Verdict
             ,
             or
             had
             confessed
             it
             .
             For
             this
             standeth
             well
             with
             this
             word
             
               [
               Provablement
            
             ]
             for
             
               fatetur
               facinus
               qui
               judicium
               fugit
            
             .
             But
             otherwise
             it
             is
             in
             case
             of
             Petit
             Treason
             ,
             Murder
             ,
             or
             other
             Felony
             .
             If
             a
             Subject
             Conspire
             with
             a
             Forreign
             Prince
             to
             Invade
             the
             
             Realm
             by
             open
             Hostility
             ,
             and
             prepare
             for
             the
             same
             by
             some
             
               Overt
               Act
            
             ,
             this
             is
             a
             sufficient
             Overt
             Act
             for
             the
             death
             of
             the
             King.
             Fourthly
             ,
             The
             Composition
             and
             Connexion
             of
             the
             words
             are
             to
             be
             observed
             ,
             
               viz.
               [
               Thereof
               be
               Attainted
               by
               open
               Deed
               ]
            
             This
             (
             as
             was
             resolved
             by
             the
             Justices
             in
             Easter
             Term
             35
             of
             Eliz.
             )
             relateth
             to
             the
             several
             and
             distinct
             Treasons
             before
             expressed
             (
             and
             specially
             to
             the
             
               Compassing
               and
               Imagination
               of
               the
               death
               of
               the
               King
               ,
               &c.
            
             for
             that
             is
             a
             secret
             in
             the
             Heart
             )
             and
             therefore
             one
             of
             them
             cannot
             be
             an
             
               Overt
               Act
            
             for
             another
             ,
             as
             for
             example
             :
             A
             Conspiracy
             is
             had
             to
             Levy
             War
             ,
             this
             (
             as
             hath
             been
             said
             and
             so
             resolved
             )
             is
             no
             Treason
             by
             this
             Act
             until
             it
             be
             levied
             ,
             therefore
             it
             is
             no
             Overt
             Act
             ,
             or
             manifest
             proof
             of
             the
             Compassing
             the
             Death
             of
             the
             King
             within
             this
             Act
             ;
             for
             the
             Words
             are
             
               [
               de
               ceo
            
             ,
             &c.
             thereof
             ]
             that
             is
             ,
             of
             the
             Compassing
             of
             the
             death
             .
             Divers
             latter
             Acts
             of
             Parliament
             have
             Ordained
             ,
             That
             compassing
             by
             bare
             Words
             or
             Sayings
             ,
             should
             be
             Treason
             ,
             but
             are
             all
             either
             Repealed
             or
             Expired
             
               (
               except
               only
               that
               of
               the
               12
               Car.
               2.
               herein
               after
               recited
               ,
               which
               is
               only
               to
               be
               in
               force
               during
               the
               Life
               of
               his
               present
               Majesty
               ,
               whom
               God
               preserve
               :
               )
            
             And
             it
             was
             wont
             to
             be
             said
             ,
             bare
             Words
             may
             make
             an
             Heretick
             ,
             but
             not
             a
             Traitor
             ,
             without
             an
             Overt
             Act.
             And
             the
             Wisdom
             of
             the
             Makers
             of
             this
             Law
             would
             not
             make
             
               Words
               only
            
             to
             be
             Treason
             ,
             seeing
             such
             variance
             commonly
             amongst
             the
             Witnesses
             is
             about
             the
             same
             ,
             as
             few
             of
             them
             agree
             together
             .
             But
             if
             words
             be
             set
             down
             
               in
               Writing
            
             by
             the
             Delinquent
             himself
             ,
             That
             is
             a
             sufficient
             Overt
             Act
             within
             this
             Statute
             .
          
           
             In
             the
             Preamble
             of
             the
             Statute
             of
             1
             Mar.
             (
             concerning
             the
             Repeal
             of
             certain
             Treasons
             declared
             after
             this
             Statute
             of
             the
             25.
             of
             Edw.
             3.
             and
             before
             that
             time
             ,
             and
             bringing
             back
             all
             things
             to
             the
             measures
             of
             this
             Statute
             )
             It
             is
             agreed
             by
             the
             whole
             Parliament
             ,
             
               That
               Laws
               justly
               made
               for
               the
               preservation
               of
               the
               
               Common-wealth
               ,
               without
               extream
               punishment
               ,
               are
               more
               often
               obeyed
               and
               kept
               than
               Laws
               and
               Statutes
               made
               with
               great
               and
               extream
               punishments
               .
               And
               in
               special
               such
               Laws
               and
               Statutes
               so
               made
               ,
               whereby
               not
               only
               the
               ignorant
               and
               rude
               unlearned
               People
               ,
               but
               also
               learned
               and
               expert
               People
               minding
               honesty
               ,
               are
               oftentimes
               trapped
               and
               snared
               ,
               yea
               many
               times
            
             for
             Words
             only
             ,
             
               without
               other
               Fact
               or
               Deed
               done
               or
               perpetrated
               .
            
             Therefore
             this
             Act
             of
             25
             Edw.
             3.
             doth
             provide
             that
             there
             must
             be
             an
             Overt
             Act.
             But
             words
             without
             any
             Overt
             Act
             ,
             are
             to
             be
             punisht
             in
             another
             degree
             ,
             as
             an
             high
             Misprision
             .
          
           
             
               By
               People
               of
               their
               condition
            
             ]
             That
             is
             
               per
               Pares
            
             ,
             by
             their
             Equals
             .
          
           
             7.
             
             As
             to
             Treason
             
               by
               Levying
               War
               against
               the
               King
               ,
            
             we
             must
             note
             ,
             that
             thô
             Conspiring
             or
             Compassing
             to
             Levy
             War
             ,
             without
             a
             War
             
               de
               Facto
            
             ,
             be
             no
             Treason
             ,
             yet
             if
             many
             Conspire
             a
             War
             ,
             and
             only
             some
             few
             Actually
             Levy
             it
             ,
             all
             are
             guilty
             of
             the
             Treason
             .
             Raising
             a
             Force
             to
             burn
             or
             throw
             down
             a
             particular
             Inclosure
             is
             only
             
               a
               Riot
            
             ,
             but
             if
             it
             had
             been
             to
             have
             gone
             from
             Town
             to
             Town
             to
             throw
             down
             all
             Inclosures
             ,
             or
             to
             change
             Religion
             ,
             or
             the
             like
             ,
             it
             were
             Levying
             of
             War
             ,
             because
             the
             intended
             mischief
             is
             Publick
             .
             Holding
             a
             Fort
             or
             Castle
             against
             the
             Kings
             Forces
             ,
             is
             Levying
             of
             War.
             
          
           
             8.
             
             As
             touching
             the
             
               Interpretative
               Treasons
            
             by
             
               Killing
               the
            
             Chancellor
             ,
             Treasurer
             ,
             Justice
             of
             one
             or
             the
             other
             Bench
             ,
             Justice
             in
             Eyre
             ,
             or
             of
             Assize
             ,
             or
             Oier
             and
             Terminer
             .
             Note
             ,
             1.
             
             This
             extends
             but
             only
             to
             the
             Persons
             here
             named
             ,
             not
             to
             the
             Lord
             Steward
             ,
             Constable
             ,
             or
             Marshal
             ,
             or
             Lords
             of
             Parliament
             .
             Secondly
             ,
             It
             extends
             to
             those
             only
             during
             their
             Office.
             Thirdly
             ,
             It
             extends
             only
             to
             Killing
             ,
             not
             Wounding
             without
             Death
             .
          
           
             But
             by
             the
             Stat.
             3
             H.
             7.
             
             C.
             14.
             
             Compassing
             to
             Kill
             the
             King
             or
             any
             of
             his
             Council
             ,
             is
             made
             Felony
             .
          
           
           
             9.
             
             Counterfeiting
             the
             Great
             or
             
               Privy
               Seal
            
             is
             Treason
             ;
             but
             it
             must
             be
             an
             Actual
             Counterfeiting
             thereof
             ,
             Compassing
             to
             do
             it
             is
             no
             Treason
             :
             Affixing
             the
             Great
             Seal
             by
             the
             Chancellor
             without
             Warrant
             ,
             is
             no
             Treason
             :
             Fixing
             a
             new
             Great
             Seal
             to
             another
             Patent
             ,
             is
             a
             great
             Misprision
             ,
             but
             no
             Treason
             ,
             being
             not
             a
             Counterfeiting
             within
             this
             Act
             :
             But
             Aiders
             and
             Consenters
             are
             within
             this
             Act.
             The
             Counterfeiting
             of
             the
             Privy
             Signet
             or
             Sign
             Manual
             ,
             is
             no
             Treason
             within
             this
             Act
             ,
             but
             made
             by
             the
             Statute
             ,
             1.
             
             Mar.
             c.
             6.
             
          
           
             10.
             
             Treason
             concerning
             Coin
             ,
             is
             either
             Counterfeiting
             the
             Kings
             Coin
             ,
             and
             this
             was
             Treason
             at
             Common
             Law
             ,
             and
             Judgment
             only
             as
             of
             Pettit
             Treason
             ,
             but
             Clipping
             ,
             &c
             being
             made
             Treason
             by
             subsequent
             Statutes
             ,
             the
             Judgment
             is
             to
             be
             Drawn
             ,
             Hang'd
             ,
             and
             Quarter'd
             .
             Money
             here
             extends
             only
             to
             the
             Proper
             Money
             of
             this
             Realm
             ,
             But
             now
             by
             the
             1.
             
             M.
             c.
             6.
             
             Forging
             or
             Counterfeiting
             Money
             made
             current
             by
             Proclamation
             ,
             is
             High
             Treason
             ,
             and
             by
             14.
             
             Eliz.
             c.
             3.
             
             Forging
             of
             Forreign
             Coin
             ,
             not
             current
             here
             ,
             is
             Misprision
             of
             Treason
             in
             the
             Forgers
             ,
             their
             Aiders
             and
             Abettors
             —
             And
             not
             that
             the
             bare
             Forging
             of
             the
             Kings
             Coin
             ,
             without
             Uttering
             ,
             is
             Treason
             .
          
           
             The
             second
             Offence
             concerning
             Money
             ,
             here
             declared
             to
             be
             Treason
             ,
             is
             ,
             If
             any
             person
             
               bring
               into
               this
               Realm
               Counterfeit
               Money
               :
            
             Where
             note
             .
             1.
             
             It
             must
             be
             Counterfeit
             :
             2.
             
             Counterfeited
             to
             the
             similitude
             of
             English
             Money
             :
             3.
             
             It
             must
             be
             brought
             from
             a
             Forreign
             Realm
             ,
             and
             therefore
             not
             from
             Ireland
             :
             4.
             
             It
             must
             be
             brought
             
               knowingly
               :
               5.
               
               Brought
            
             ,
             and
             not
             barely
             uttered
             here
             .
             But
             by
             the
             Statute
             
               De
               Moneta
            
             ,
             if
             false
             or
             clipt
             money
             be
             found
             in
             a
             persons
             hands
             ,
             and
             he
             be
             suspitious
             ,
             he
             may
             be
             Arrested
             till
             he
             can
             clear
             himself
             :
             6.
             
             He
             must
             merchandize
             therewith
             ,
             that
             is
             make
             payment
             thereof
             .
          
           
             11.
             
             As
             this
             Statute
             leaves
             all
             other
             doubtful
             matters
             to
             be
             declared
             Treason
             in
             Parliame●t
             ,
             but
             not
             to
             be
             
             punish'd
             as
             such
             till
             so
             declared
             .
             So
             in
             succeeding
             Kings
             Reigns
             abundance
             of
             other
             matters
             were
             declared
             Treason
             ,
             which
             being
             found
             very
             grievous
             and
             dangerous
             ,
             by
             the
             Statute
             of
             1
             
               Mar.
               Cap.
            
             1.
             it
             is
             Enacted
             ,
             
               That
               thenceforth
               no
               Act
               ,
               Deed
               ,
               or
               Offence
               being
               by
               Act
               of
               Parliament
               ,
               or
               Statute
               ,
               made
               Treason
               ,
               Petty
               Treason
               ,
               or
               Misprision
               of
               Treason
               ,
               by
               Words
               ,
               Writing
               ,
               Ciphering
               ,
               Deeds
               ,
               or
               otherwise
               however
               ,
               shall
               be
               taken
               ,
               had
               ,
               Deemed
               or
               Adjudged
               to
               be
               High-Treason
               ,
               Petty
               Treason
               ,
               or
               Misprision
               of
               Treason
               ,
               but
               only
               such
               as
               be
               declared
               and
               expressed
               to
               be
               Treason
               ,
               Petty
               Treason
               ,
               or
               Misprision
               of
               Treason
               ,
               by
               this
               Statute
               of
               the
            
             25.
             
             Edw.
             3.
             
          
           
             12.
             
             The
             Offences
             made
             High
             Treason
             by
             Statutes
             since
             this
             first
             of
             Mary
             ,
             are
             as
             follow
             .
          
           
             Refusing
             the
             Oath
             of
             Supremacy
             upon
             second
             Tender
             ,
             is
             Treason
             by
             5.
             
             
               Eliz.
               Cap.
            
             1.
             but
             no
             Corruption
             of
             Blood
             ,
             so
             likewise
             is
             Extolling
             the
             Power
             of
             the
             Bishop
             of
             Rome
             ,
             a
             Premunire
             ,
             and
             the
             bringing
             in
             of
             Bulls
             ,
             or
             putting
             them
             in
             Execution
             ,
             or
             Reconciling
             to
             the
             Church
             of
             Rome
             ,
             is
             Treason
             by
             the
             same
             Statute
             .
             Bringing
             in
             Dei's
             is
             a
             Premunire
             .
             23.
             
             
               Eliz.
               C.
            
             1.
             
             Also
             absolving
             Subjects
             from
             their
             Obedience
             ,
             or
             Reconciling
             them
             to
             the
             Obedience
             of
             Rome
             is
             Treason
             ,
             27.
             
             
               Eliz.
               Cap.
            
             2.
             
             So
             is
             it
             likewise
             for
             a
             Priest
             coming
             into
             England
             ,
             not
             submiting
             in
             two
             days
             .
             The
             like
             for
             English
             men
             in
             Forreign
             Seminaries
             .
          
           
             But
             Besides
             these
             
               Old
               Treasons
            
             since
             the
             happy
             Ret●uration
             of
             His
             Majesty
             ,
             The
             zealous
             regards
             his
             Subjects
             in
             Parliament
             had
             ,
             for
             the
             safety
             of
             his
             Sacred
             Person
             and
             Government
             ,
             thought
             sit
             to
             prefer
             and
             make
             the
             Statute
             following
             .
          
        
      
       
         
         
           
             Anno
             Regni
             Car.
             2.
             
             Regis
             ,
             decimo
             tertio
             .
          
           
             
               CAP.
               I.
               
            
             
               An
               Act
               for
               Safety
               and
               Preservation
               of
               His
               Majesties
               Person
               and
               Government
               ,
               against
               Treasonable
               and
               Soditious
               Practises
               and
               Attempts
               .
            
             
               
                 THe
                 Lords
                 and
                 Commons
                 Assembled
                 in
                 Parliament
                 ,
                 deeply
                 Weighing
                 and
                 Considering
                 the
                 Miseries
                 and
                 Calamities
                 ,
                 of
                 well
                 high
                 twenty
                 years
                 ,
                 before
                 your
                 Majesties
                 Happy
                 Return
                 ,
                 and
                 with●l
                 Reflecting
                 on
                 the
                 Causes
                 and
                 Occasions
                 of
                 so
                 great
                 and
                 diplorable
                 Confusions
                 ,
                 do
                 in
                 all
                 humility
                 and
                 thankfulness
                 acknowledge
                 your
                 Majesties
                 incomparable
                 Grace
                 and
                 Goodness
                 to
                 your
                 People
                 ,
                 in
                 your
                 Free
                 and
                 General
                 Pardon
                 ,
                 Indempnity
                 and
                 Oblivion
                 ,
                 by
                 which
                 roar
                 Majesty
                 hath
                 been
                 pleased
                 to
                 deliver
                 your
                 Subjects
                 ,
                 not
                 only
                 from
                 the
              
               Punishment
               ,
               
                 but
                 also
                 from
                 the
              
               Reproach
               ,
               
                 of
                 their
                 former
                 Mi●carringes
                 ,
                 which
                 unexempted
                 Piety
                 and
                 Clemency
                 of
                 your
                 Majestie
                 hath
                 Enflamed
                 the
                 Hearts
                 of
                 us
                 your
                 Subjects
                 with
                 an
                 ardent
                 desire
                 to
                 express
                 all
                 possible
                 Zeal
                 and
                 Duty
                 in
                 the
                 Care
                 and
                 Preservation
                 of
                 your
                 Majesties
              
               Person
               
                 (
                 in
                 whose
                 Honour
                 and
                 Happiness
                 consists
                 the
                 good
                 and
                 welfare
                 of
                 your
                 people
                 )
                 and
                 in
                 preventing
                 (
                 as
                 much
                 as
                 may
                 be
                 )
                 all
              
               Treasonable
               and
               Sedititious
               
                 Practises
                 and
                 Attempts
                 for
                 the
                 time
                 to
                 come
                 .
                 (
                 2
                 )
                 And
                 because
                 the
                 Growth
                 and
                 Increase
                 of
                 the
                 late
                 Troubles
                 and
                 Disorders
                 ,
                 did
                 in
                 a
                 very
                 great
                 measure
                 proceed
                 from
                 a
                 multitude
                 of
              
               Seditious
               Sermons
               ,
               
                 Pamphlets
                 and
                 Speeches
                 ,
                 daily
                 Preached
                 ,
                 Printed
                 and
                 Published
                 with
                 a
                 Transcendent
                 boldness
                 ,
                 defaming
                 the
                 Person
                 and
                 Government
                 of
                 your
                 Majesty
                 and
                 your
                 Royal
                 Father
                 ,
                 wherein
                 men
                 were
                 too
                 much
                 Encouraged
                 ,
                 and
                 
                 (
                 above
                 all
                 )
                 from
                 a
                 wilful
                 mistake
                 of
                 the
              
               Supream
               
                 and
                 Lawful
                 Authority
                 ,
                 whilst
                 men
                 were
                 forward
                 to
                 cry
                 up
                 and
                 maintain
                 those
                 Orders
                 and
                 Ordinances
                 Oaths
                 and
                 Covenants
                 ,
                 to
                 be
                 Acts
              
               Legal
               
                 and
                 Warrantable
                 ,
                 which
                 in
                 themselves
                 had
                 not
                 the
                 least
                 Colour
                 of
                 Law
                 or
                 Justice
                 to
                 support
                 them
                 ,
                 from
                 which
                 kind
                 of
                 Distempers
                 ,
                 as
                 the
                 present
                 Age
                 is
                 not
                 wholly
                 freed
                 ,
                 so
                 Posterity
                 may
                 be
                 apt
                 to
                 Relapse
                 into
                 them
                 ,
                 if
                 a
                 timely
              
               Remedy
               
                 be
                 not
                 provided
                 .
                 (
                 3
                 )
                 We
                 therefore
                 the
                 Lords
                 and
                 Commons
                 in
                 Parliament
                 Assembled
                 ,
                 having
                 duly
                 considered
                 the
                 Premisses
                 ,
                 and
                 Remembring
                 that
                 in
                 the
                 thirteenth
                 year
                 of
                 the
                 Reign
                 of
                 Queen
              
               Elizabeth
               
                 of
                 ever
                 blessed
                 Memory
                 ,
                 a
                 right
                 good
                 and
                 profitable
                 Law
                 was
                 made
                 ,
                 for
                 Preservation
                 of
              
               Her
               Majesties
               Person
               ,
               
                 do
                 most
                 humbly
                 beseech
                 your
                 most
                 Excellent
                 Majesty
                 ,
                 that
                 it
                 may
                 be
                 Enacted
                 .
              
               (
               4
               )
               And
               be
               it
               Enacted
               
                 by
                 the
                 Kings
                 most
                 Excellent
                 Majesty
                 ,
                 by
                 and
                 with
                 the
                 Advice
                 and
                 Consent
                 of
                 the
                 Lords
                 and
                 Commons
                 in
                 this
                 present
                 Parliament
                 Assembled
                 ,
                 and
                 by
                 Authority
                 of
                 the
                 same
                 ,
                 That
                 if
                 any
                 Person
                 or
                 Persons
                 whatsoever
                 ,
                 after
                 the
                 four
                 and
                 twentieth
                 day
                 of
              
               June
               ,
               
                 in
                 the
                 year
                 of
                 our
                 Lord
                 one
                 thousand
                 six
                 hundred
                 sixty
                 and
                 one
                 ,
              
               during
               the
               Natural
               Life
               of
               our
               most
               Gracious
               Soveraign
               Lord
               the
               King
               ,
               
                 (
                 whom
                 God
                 Almighty
                 Preserve
                 and
                 Bless
                 ,
                 with
                 a
                 Long
                 and
                 Prosperous
                 Reign
                 )
                 shall
                 within
                 the
                 Realm
                 or
                 without
                 ,
                 Compass
                 ,
                 Imagine
                 ,
                 Invent
                 ,
                 Devise
                 ,
                 or
                 intend
                 Death
                 or
                 Destruction
                 ,
                 or
                 any
                 Bodily
                 Harm
                 ,
                 tending
                 to
                 the
              
               Death
               
                 or
                 Destruction
                 ,
                 Maim
                 ,
                 or
                 Wounding
                 ,
                 Imprisonment
                 or
                 Restraint
                 of
                 the
                 Person
                 of
                 the
                 same
                 our
                 Soveraign
                 Lord
                 the
                 King.
                 (
                 5
                 )
                 Or
                 to
                 deprive
                 or
                 depose
                 him
                 from
                 the
              
               Style
               ,
               
                 Honour
                 ,
                 or
                 Kingly
                 Name
                 of
                 the
                 Imperial
                 Crown
                 of
                 this
                 Realm
                 ,
                 or
                 of
                 any
                 other
                 His
                 Majesties
                 Dominions
                 or
                 Countries
                 .
                 (
                 6
                 )
                 To
                 Levy
                 War
                 against
                 His
                 Majesty
                 within
                 this
                 Realm
                 or
                 without
                 .
                 (
                 7
                 )
                 Or
                 to
                 move
                 or
                 stir
                 any
                 Forraigner
                 ,
                 and
                 Strangers
                 with
                 force
                 to
              
               Invade
               
                 this
                 Realm
                 ,
                 or
                 any
                 other
                 
                 His
                 Majesties
                 Dominions
                 or
                 Countries
                 ,
                 being
                 under
                 His
                 Majesties
                 Obeysance
                 .
                 (
                 8.
                 )
                 And
                 such
                 Compassings
                 ,
                 Imaginations
                 ,
                 Inventions
                 ,
                 Devices
                 or
                 Intentions
                 ,
                 or
                 any
                 of
                 them
                 ,
                 shall
                 express
                 ,
                 utter
                 or
                 declare
                 by
                 any
              
               Printing
               ,
               Writing
               ,
               Preaching
               ,
               or
               malicious
               and
               advised
               Speaking
               ,
               
                 being
                 Lawfully
                 Convicted
                 thereof
                 ,
                 upon
                 the
                 Oaths
                 of
                 two
              
               Lawful
               and
               Credible
               Witnesses
               ,
               
                 upon
                 Tryal
                 ,
                 or
                 otherwise
                 Convicted
                 or
                 Attainted
                 by
                 due
                 Course
                 of
                 Law
                 ,
                 then
                 every
                 such
                 person
                 and
                 persons
                 so
                 as
                 aforesaid
                 offending
                 shall
                 be
                 deemed
                 ,
                 declared
                 and
                 Adjudged
                 to
                 be
              
               Traytors
               ,
               
                 and
                 shall
                 suffer
                 pains
                 of
                 Death
                 ,
                 and
                 also
                 lose
                 and
                 Forfeit
                 as
                 in
                 Cases
                 of
                 High
                 Treason
                 .
              
            
             
               2.
               
               
                 And
                 be
                 it
                 further
                 Enacted
                 by
                 the
                 Authority
                 aforesaid
                 ,
                 That
                 if
                 any
                 person
                 or
                 persons
                 at
                 any
                 time
                 after
                 the
                 four
                 and
                 twentieth
                 day
                 of
              
               June
               ,
               
                 in
                 the
                 year
                 of
                 our
                 Lord
                 ,
                 one
                 thousand
                 six
                 hundred
                 sixty
                 and
                 one
                 ,
              
               during
               his
               Majesties
               Life
               ,
               
                 shall
                 Malitiously
                 and
                 Advisedly
                 publish
                 or
                 affirm
                 the
                 King
                 to
                 be
                 an
              
               Heretick
               or
               Papist
               ,
               
                 or
                 that
              
               he
               endeavourr
               to
               introduce
               Popery
               .
               (
               2.
               )
               
                 Or
                 shall
                 Malitiously
                 and
                 Advisedly
                 by
                 Printing
                 ,
                 Writing
                 ,
                 Preaching
                 ,
                 or
                 other
                 Speaking
                 ,
                 Express
                 ,
                 Publish
                 ,
                 Vtter
                 or
                 Declare
                 any
                 words
                 ,
                 sentences
                 ,
                 or
                 other
                 thing
                 or
                 things
                 to
              
               Incite
               or
               stir
               up
               the
               
                 people
                 to
                 Hatred
                 or
                 dislike
                 of
                 the
                 Person
                 of
                 His
                 Majesty
                 ,
                 or
                 the
                 Established
                 Government
                 ,
                 (
                 3
                 )
                 Then
                 every
                 such
                 person
                 and
                 persons
                 ,
                 being
                 thereof
                 Legally
                 Convicted
                 ,
                 shall
                 be
                 disabled
                 to
                 have
                 or
                 enjoy
                 ,
                 and
                 is
                 hereby
                 disabled
                 ,
                 and
                 made
                 incapable
                 of
                 having
                 ,
                 holding
                 ,
                 enjoying
                 ,
                 or
                 exercising
              
               any
               Place
               ,
               Office
               ,
               or
               Promotion
               
                 Ecclesiastical
                 ,
                 Civil
                 or
                 Military
                 ,
                 or
                 any
                 other
                 Imployment
                 in
                 Church
                 and
                 Stateother
                 than
                 that
                 of
                 his
              
               Peerage
               ,
               
                 and
                 shall
                 likewise
                 ,
                 be
                 liable
                 to
                 such
                 further
                 and
                 other
                 Punishments
                 ,
                 as
                 by
                 the
                 Common
                 Laws
                 ,
                 or
                 Statutes
                 of
                 this
                 Realm
                 ,
                 may
                 be
                 inflicted
                 in
                 such
                 Cases
                 .
                 (
                 4
                 )
                 And
                 to
                 the
                 end
                 that
                 no
                 man
                 hereafter
                 may
                 he
                 misled
                 into
                 any
                 Seditious
                 or
                 Vnquiet
                 Demeanour
                 ,
                 out
                 of
                 an
                 opinion
                 that
                 the
                 Parliament
                 
                 B-gun
                 and
                 held
                 at
              
               Westminster
               ,
               
                 upon
                 the
                 third
                 day
                 of
              
               November
               ,
               
                 in
                 the
                 year
                 of
                 our
                 Lord
                 ,
                 one
                 ,
                 thousand
                 six
                 hundred
                 and
                 forty
                 ,
                 is
                 yet
                 in
                 being
                 ,
                 which
                 is
                 undoubtedly
              
               Dissolved
               and
               Determined
               ,
               
                 and
                 so
                 is
                 hereby
                 declared
                 and
                 adjudged
                 to
                 be
                 fully
                 dissolved
                 and
                 determined
                 .
                 (
                 5
                 )
                 Or
                 out
                 of
                 an
                 opinion
                 that
                 there
                 lies
                 any
                 Obligation
                 upon
                 him
                 from
                 any
                 Oath
                 ,
              
               Covenant
               
                 or
                 Engagement
                 whatsoever
                 ,
                 to
                 endeavour
                 a
                 Change
                 of
                 Government
                 ,
                 either
                 in
                 Church
                 or
                 State.
                 (
                 6
                 )
                 Or
                 out
                 of
                 an
                 Opinion
                 ,
              
               that
               both
               Houses
               of
               Parliament
               ,
               or
               either
               
                 of
                 them
                 ,
                 have
                 a
              
               Legislative
               Power
               
                 without
                 the
                 King.
                 (
                 7
                 )
                 All
                 which
                 Assertions
                 have
                 been
                 seditiously
                 maintained
                 in
                 some
                 Pamphlets
                 lately
                 Printed
                 ,
                 and
                 are
                 dayly
                 promoted
                 by
                 the
                 Active
                 Enemies
                 of
                 our
                 Peace
                 and
                 Happiness
                 .
              
            
             
               3.
               
               
                 Be
                 it
                 therefore
                 further
                 Enacted
                 by
                 the
                 Authority
                 aforesaid
                 ,
                 That
                 if
                 any
                 person
                 or
                 persons
                 at
                 any
                 time
                 after
                 the
                 four
                 and
                 twentieth
                 day
                 of
              
               June
               ,
               
                 in
                 the
                 year
                 of
                 our
                 Lord.
                 one
                 thousand
                 six
                 hundred
                 sixty
                 and
                 one
                 ,
                 shall
                 Maliciously
                 and
                 Advisedly
                 ,
                 by
                 Writing
                 ,
                 Printing
                 ,
                 Preaching
                 or
                 other
              
               Speaking
               ,
               
                 Express
                 ,
                 Publish
                 ,
                 Vtter
                 ,
                 Declare
                 ,
                 or
                 Affirm
                 ,
                 That
                 the
                 Parliament
                 Begun
                 at
              
               Westminster
               
                 upon
                 the
                 third
                 day
                 of
              
               November
               ,
               
                 in
                 the
                 year
                 of
                 our
                 Lord
                 ,
                 one
                 thousand
                 six
                 hundred
                 and
                 forty
                 ,
                 is
                 not
                 yet
                 Dissolved
                 ,
              
               or
               is
               not
               Determined
               ,
               
                 or
                 that
                 it
                 ought
                 to
                 be
                 in
                 being
                 ,
                 or
                 hath
                 yet
                 any
                 Continuance
                 or
                 Existence
                 .
                 (
                 2
                 )
                 Or
                 that
                 there
                 lies
                 any
                 Obligation
                 on
                 him
                 ,
                 or
                 any
                 other
                 person
                 from
                 any
                 Oath
                 ,
              
               Covenant
               
                 or
                 Engagement
                 whatsoever
                 ,
                 to
                 endeavour
              
               a
               Change
               of
               Government
               ,
               
                 either
                 in
              
               Church
               or
               State.
               
                 (
                 3
                 )
                 Or
                 that
                 both
                 Houses
                 of
                 Parliament
                 ,
                 or
                 either
                 House
                 of
                 Parliament
                 ,
                 have
                 or
                 hath
              
               a
               Legislative
               Power
               
                 without
                 the
                 King
                 ,
                 or
                 any
                 other
                 words
                 to
                 the
                 same
                 Effect
                 .
                 (
                 4
                 )
                 That
                 then
                 every
                 such
                 person
                 and
                 persons
                 so
                 as
                 aforesaid
                 offending
                 shall
                 incurr
                 the
                 danger
                 and
                 penalty
                 of
                 a
              
               Premunire
               
                 mentioned
                 in
                 a
                 
                 Statute
                 made
                 in
                 the
                 sixteenth
                 year
                 of
                 the
                 Reign
                 of
                 King
              
               Richard
               
                 the
                 Second
                 .
                 (
                 5
                 )
                 And
                 it
                 is
                 hereby
                 also
                 declared
                 ,
                 That
                 the
                 Oath
                 usually
                 called
                 the
              
               Solemn
               League
               and
               Covenant
               ,
               
                 was
                 in
                 it self
                 an
              
               Unlawful
               
                 Oath
                 ,
                 and
                 Imposed
                 upon
                 the
                 Subjects
                 of
                 this
                 Realm
                 ,
                 against
                 the
              
               Fundamenaal
               Laws
               
                 and
                 Liberties
                 of
                 this
                 Kingdom
                 .
                 (
                 6
                 )
                 And
                 that
                 all
                 Orders
                 and
                 Ordinances
                 ,
                 or
                 pretended
                 Orders
                 and
                 Ordinances
                 of
                 both
                 or
                 either
                 Houses
                 of
                 Parliament
                 ,
                 for
                 imposing
                 of
                 Oaths
                 ,
                 Covenants
                 or
                 Engagements
                 ,
                 Levying
                 of
                 Taxes
                 ,
                 or
                 Raising
                 of
                 Forees
                 and
                 Arms
                 ,
                 to
                 which
                 the
              
               Royal
               Assent
               ,
               
                 either
                 in
                 Person
                 or
                 by
                 Commission
                 ,
                 was
                 not
                 expresly
                 had
                 or
                 given
                 ,
                 were
                 in
                 the
                 first
                 Creation
                 and
                 Making
                 ,
                 and
                 still
                 are
                 ,
                 and
                 so
                 shall
                 be
                 taken
                 to
                 be
              
               Null
               and
               Void
               
                 to
                 all
                 Intents
                 and
                 Purposes
                 whatsoever
                 .
                 (
                 7
                 )
                 Provided
                 never
                 theless
                 ,
                 That
                 all
                 and
                 every
                 person
                 and
                 persons
                 ,
                 Bodies
                 Politick
                 and
                 Corporate
                 ,
                 who
                 have
                 been
                 ,
                 or
                 shall
                 at
                 any
                 time
                 hereafter
                 be
                 questioned
                 for
                 any
                 thing
                 Acted
                 or
                 Done
                 by
                 Colour
                 if
                 any
                 the
                 Orders
                 or
                 Ordinances
                 herein
                 before
                 mentioned
                 and
                 declared
                 to
                 be
                 Null
                 and
                 Void
                 ,
                 and
                 are
                 Indempnified
                 by
                 an
                 Act
                 ,
                 Intituled
                 ,
              
               An
               Act
               of
               Free
               and
               General
               Pardon
               ,
               Indempnity
               and
               Oblivion
               ,
               
                 made
                 in
                 the
                 twelfth
                 year
                 of
                 His
                 Majesties
                 Reign
                 that
                 now
                 is
                 ,
                 or
                 shall
                 be
                 Indemnified
                 by
                 any
                 Act
                 of
                 Parliament
                 ,
                 shall
                 and
                 may
                 make
                 such
                 use
                 of
                 the
                 said
                 Orders
                 and
                 Ordinances
                 for
                 their
                 Indemnity
                 according
                 to
                 the
                 true
                 intent
                 and
                 meaning
                 of
                 the
                 said
                 Act
                 ,
                 and
                 no
                 other
                 ,
                 as
                 he
                 or
                 they
                 might
                 have
                 done
                 ,
                 if
                 this
                 Act
                 had
                 not
                 been
                 made
                 ;
                 any
                 thing
                 in
                 this
                 Act
                 contained
                 notwithstanding
                 .
              
            
             
               4.
               
               
                 Provided
                 always
                 ,
                 That
                 no
                 person
                 be
                 Prosecuted
                 for
                 any
                 of
                 the
                 Offences
                 in
                 this
                 Act
                 mentioned
                 (
                 other
                 than
                 such
                 as
                 are
                 made
                 and
                 declared
                 to
                 be
              
               High
               Treason
               )
               
                 unless
                 it
                 be
              
               by
               order
               of
               the
               Kings
               Majesty
               ,
               his
               Heirs
               or
               Successors
               ,
               under
               his
               or
               their
               Sign
               Manual
               ,
               or
               by
               order
               of
               the
               Council
               Table
               of
               his
               Majest
               ,
               his
               Heirs
               of
               Successors
               ,
               directed
               unto
               the
               Attorney
               General
               
               for
               the
               time
               being
               ,
               or
               some
               other
               of
               the
               Council
               learned
               to
               His
               Majesty
               ,
               
                 His
                 Heirs
                 or
                 Successors
                 ,
                 for
                 the
                 time
                 being
                 .
                 (
                 2
                 )
                 Nor
                 shall
                 any
                 Person
                 or
                 persons
                 by
                 vertue
                 of
                 this
                 present
                 Act
                 incur
                 any
                 the
                 Penalties
                 herein
                 before
                 mentioned
                 ,
                 unless
                 he
                 or
                 they
                 be
                 Prosecuted
              
               within
               six
               months
               
                 next
                 after
                 the
                 offence
                 Committed
                 ,
                 and
              
               Indicted
               thereupon
               within
               three
               months
               after
               
                 such
                 Prosecution
                 ;
                 any
                 thing
                 herein
                 contained
                 to
                 the
                 contrary
                 notwithstanding
                 .
              
            
             
               5.
               
               
                 Provided
                 always
                 ,
                 and
                 be
                 it
                 Enacted
                 ,
                 That
                 no
                 person
                 or
                 persons
                 shall
                 be
                 Indicted
                 ,
                 Arraigned
                 ,
                 Condemned
                 ,
                 Convicted
                 or
                 Attainted
                 for
                 any
                 of
                 the
                 Treasons
                 or
                 Offences
                 aforesaid
                 ,
                 unless
                 the
                 same
                 Offender
                 or
                 Offenders
                 be
                 thereof
              
               Accused
               
                 by
                 the
                 Testimony
                 and
                 Disposition
              
               of
               two
               Lawful
               and
               Credible
               Witnesses
               
                 upon
                 Oath
                 .
                 (
                 2
                 )
                 Which
                 Witnesses
                 at
                 the
                 time
                 of
                 the
                 said
                 Offender
                 or
                 Offenders
                 Arraignment
                 ,
                 shall
                 be
                 brought
                 in
                 person
                 before
                 him
                 or
                 them
                 Face
                 to
                 Face
                 ,
                 and
                 shall
                 openly
                 avow
                 and
                 maintain
                 upon
                 Oath
                 ,
                 what
                 they
                 have
                 to
                 say
                 against
                 him
                 or
                 them
                 ,
                 concerning
                 the
                 Treason
                 or
                 Offences
                 contained
                 in
                 the
                 said
                 Indictment
                 ,
                 unless
                 the
                 party
                 or
                 parties
                 Arraigned
                 shall
                 willingly
                 without
                 violence
              
               Confess
               
                 the
                 ame
              
               .
            
             
               6.
               
               
                 Provided
                 likewise
                 and
                 be
                 it
                 Enacted
                 ,
                 That
                 this
                 Act
                 ,
                 or
                 any
                 thing
                 therein
                 contained
                 ,
                 shall
                 not
                 extend
                 to
                 deprive
              
               either
               of
               the
               Houses
               of
               Parliament
               ,
               
                 or
                 any
                 of
                 their
                 Members
                 ,
                 of
                 their
                 just
                 Antint
                 Freedom
                 ,
                 and
                 Priviledge
                 of
              
               Debating
               
                 any
                 matters
                 or
                 business
                 which
                 shall
                 be
                 propounded
                 or
                 debated
                 in
                 either
                 of
                 the
                 said
                 Houses
                 ,
                 or
                 at
                 any
              
               Conferences
               or
               Committees
               
                 of
                 both
                 or
                 either
                 of
                 the
                 said
                 Houses
                 of
                 Parliament
                 ,
                 or
                 touching
                 the
              
               Repeal
               
                 or
                 Alteration
                 of
                 any
              
               Old
               ,
               
                 or
                 preparing
                 any
              
               New
               Laws
               ,
               
                 or
                 the
                 Regressing
                 of
                 any
              
               Publick
               Grievance
               ;
               
                 but
                 that
                 the
                 said
                 Members
                 of
                 either
                 of
                 the
                 said
                 Houses
                 ,
                 and
                 
                 the
                 Assistants
                 of
                 the
                 House
                 of
                 Peers
                 and
                 every
                 of
                 them
                 ,
                 shall
                 have
                 the
                 same
              
               freedom
               of
               Speech
               ,
               
                 and
                 all
                 other
                 Privledges
                 whatsoever
                 ,
                 as
                 they
                 had
                 before
                 the
                 making
                 of
                 this
                 Act
                 ;
                 any
                 thing
                 in
                 this
                 Act
                 to
                 the
                 contrary
                 thereof
                 in
                 any
                 wise
                 notwithstanding
                 .
              
            
             
               7.
               
               
                 Provided
                 always
                 ,
                 and
                 be
                 it
                 ordained
                 and
                 enacted
                 ,
                 That
              
               no
               Peer
               
                 of
                 this
                 Realm
                 shall
                 be
                 Tryed
                 for
                 any
                 Offences
                 against
                 this
                 Act
                 ,
                 but
                 by
                 his
                 Peers
                 ;
                 (
                 2.
                 )
                 And
                 further
                 ,
                 that
                 every
                 Peer
                 who
                 shall
                 be
                 Convicted
                 of
                 any
                 Offence
                 against
                 this
                 Act
                 ,
                 after
                 such
                 Conviction
                 ,
                 be
                 disabled
                 during
                 his
                 Life
                 ,
              
               to
               sit
               in
               Parliament
               ,
               
                 unless
                 His
                 Majesty
                 shall
                 graciously
                 be
                 pleased
                 to
                 pardon
                 him
                 ?
                 (
                 3
                 )
                 And
                 if
                 His
                 Majesty
                 shall
                 grant
                 his
                 Pardon
                 to
                 any
                 Peer
                 of
                 this
                 Realm
                 ,
                 or
                 Commoner
                 Convicted
                 of
                 any
                 Offence
                 against
                 this
                 Act
                 ,
                 after
                 such
                 Pardon
                 Granted
                 ,
                 the
                 Peer
                 or
                 Commoner
                 so
                 pardoned
              
               shall
               be
               Restored
               
                 to
                 all
                 Intents
                 and
                 purposes
                 as
                 if
                 he
                 had
                 never
                 been
                 Convicted
                 ,
                 any
                 thing
                 in
                 this
                 Law
                 to
                 the
                 contrary
                 in
                 any
                 wise
                 uotwithstanding
                 .
              
            
          
        
         
           
             Notes
          
           
             THough
             the
             wisdom
             of
             our
             Legislators
             is
             not
             generally
             for
             bringing
             words
             within
             the
             compass
             of
             Treason
             ,
             yet
             upon
             emergent
             occasions
             it
             has
             been
             done
             ,
             but
             then
             with
             a
             
               Temporary
               Limitation
            
             ,
             as
             by
             the
             Statute
             13.
             
             Eliz.
             here
             referred
             unto
             ,
             during
             the
             Life
             of
             that
             Queen
             ;
             In
             imitation
             whereof
             this
             present
             Act
             is
             made
             to
             remain
             in
             force
             during
             only
             the
             Life
             of
             our
             present
             Soveraign
             King
             Charles
             the
             Second
             ,
             And
             the
             reasons
             for
             making
             this
             Temporary
             Law
             are
             assigned
             in
             the
             preamble
             .
          
           
             This
             Statute
             makes
             
               three
               sorts
               of
               Offences
            
             .
             Some
             
               High
               Treason
            
             ;
             some
             that
             disable
             and
             in
             capacitate
             from
             holding
             any
             place
             or
             Office
             ;
             and
             some
             that
             are
             punishable
             by
             Premunire
             .
          
           
             As
             to
             the
             first
             ,
             't
             is
             hereby
             declared
             to
             be
             High
             
             Treason
             during
             the
             Life
             of
             his
             present
             Majesty
             ,
          
           
             
               1.
               
               Within
               or
               without
               the
               Realm
               to
               compass
               or
               in
               tend
               the
               Death
               ,
               Destruction
               ,
               Maim
               ,
               Wounding
               Imprisonment
               or
               Restraint
               of
               the
               King.
               
            
             
               2.
               
               Or
               to
               deprive
               or
               depose
               him
               ,
               or
               
                 Levy
                 War
              
               against
               him
               ,
               within
               the
               Realm
               or
               without
               ,
               to
               stir
               up
               Forreigners
               to
               invade
               the
               Realm
               .
            
          
           
             If
             such
             Compassings
             or
             Intentions
             be
             expressed
             ,
             uttered
             or
             declared
             by
             any
             
               Printing
               ,
               Writing
               ,
               Preaching
            
             ,
             or
             malitious
             and
             advised
             speaking
             .
          
           
             Being
             legally
             Convicted
             thereof
             upon
             the
             Oaths
             of
             
               two
               lawful
            
             and
             CREDIBLE
             Witnesses
             :
             [
             By
             which
             words
             ,
             the
             Statute
             seems
             to
             injoin
             and
             require
             some
             
               more
               than
               Ordinary
            
             Scrutiny
             into
             the
             Credit
             of
             the
             Witnesses
             ,
             for
             otherwise
             Legal
             had
             been
             enough
             (
             and
             so
             is
             every
             man
             not
             Convict
             of
             Perjury
             )
             but
             Witnesses
             in
             this
             Case
             must
             not
             be
             only
             Legal
             but
             Credible
             ,
             not
             infamous
             ,
             scandalous
             ,
             or
             suspected
             ]
          
           
             As
             to
             the
             second
             ,
             Maliciously
             and
             advisedly
             to
             publish
             or
             affirm
             during
             his
             present
             Majesties
             Life
             ,
             that
             the
             King
             is
             an
             —
             Heretick
             —
             or
             —
             a
             Papist
             —
             or
             that
             he
             
               endeavours
               to
               introduce
               Popery
            
             .
          
           
             Or
             maliciously
             and
             advisedly
             by
             Writing
             Printing
             ,
             Preaching
             ,
             or
             speaking
             to
             utter
             ,
             express
             or
             declare
             any
             Words
             ,
             Sentences
             or
             thing
             ,
             to
             stir
             up
             the
             people
             to
             
               hatred
               or
               dislike
               of
               the
               Person
               of
               His
               Majesty
            
             or
             the
             establisht
             Government
             .
          
           
             Whoever
             is
             legally
             Convicted
             of
             any
             of
             these
             Crimes
             shall
             be
             disabled
             to
             hold
             any
             
               place
               ,
               Office
               ,
               or
               promotion
               ,
            
             Ecclesiastical
             ,
             Civil
             or
             Military
             .
             And
             besides
             be
             liable
             to
             such
             punishments
             as
             by
             the
             Common
             Laws
             or
             Statutes
             may
             be
             inflicted
             .
          
           
             As
             to
             the
             third
             ,
             to
             declare
             publish
             ,
             or
             affirm
             ,
             first
             ,
             that
             the
             
               Old
               long
               Parliament
            
             of
             40
             is
             not
             dissolved
             ,
             or
             ought
             to
             be
             in
             being
             .
             Secondly
             ,
             That
             there
             lies
             any
             obligation
             on
             ones-self
             ,
             or
             any
             other
             person
             from
             any
             Oath
             ,
             Covenant
             ,
             or
             Engagement
             ,
             to
             endeavour
             a
             change
             of
             Government
             either
             in
             Church
             or
             State.
             
             Thirdly
             ,
             that
             
               either
               or
               both
               Houses
            
             of
             Parliament
             have
             a
             Legislative
             power
             without
             the
             King
             ,
             or
             any
             other
             words
             to
             the
             same
             effect
             .
          
           
             The
             person
             so
             offending
             shall
             incur
             the
             penalty
             of
             a
             Premunire
             ,
             which
             by
             the
             Statute
             of
             16
             
               Rich.
               2
               Cap.
            
             5.
             here
             referr'd
             unto
             ,
             is
             this
             ,
             viz.
             To
             be
             put
             out
             of
             the
             Kings
             Protection
             ,
             their
             Lands
             and
             Tenements
             ,
             goods
             and
             Chattels
             ,
             Forfeited
             to
             the
             King
             ,
             and
             their
             bodies
             to
             be
             seized
             ,
             &c.
             
             But
             in
             this
             Act
             of
             the
             13
             Caroli
             ,
             there
             are
             these
             Proviso's
             .
          
           
             1.
             
             As
             for
             the
             
               two
               last
               Sorts
            
             of
             Offences
             that
             are
             not
             Treason
             ,
             none
             shall
             be
             prosecuted
             but
             by
             
               order
               of
               the
               King
            
             ,
             under
             his
             Sign
             Manual
             or
             of
             the
             privy
             Council
             .
          
           
             2.
             
             As
             for
             the
             crimes
             made
             Treasons
             ,
             none
             shall
             be
             Indicted
             or
             Convicted
             unless
             they
             be
             ACCVSED
             by
             two
             Lawfull
             and
             Credible
             Witnesses
             ,
             touching
             the
             Addition
             of
             the
             word
             Credible
             to
             Lawfull
             ,
             (
             which
             is
             here
             again
             repeated
             )
             we
             have
             spoken
             before
             ;
             But
             must
             here
             further
             observe
             ,
          
           
             1.
             
             That
             by
             these
             express
             words
             ,
             this
             Statute
             provides
             that
             no
             man
             shall
             be
             Indicted
             [
             that
             is
             ,
             have
             a
             Bill
             found
             against
             him
             ]
             upon
             this
             Statute
             for
             Treason
             ,
             unless
             he
             be
             Accused
             ,
             [
             that
             is
             ,
             unless
             the
             matter
             be
             sworn
             against
             him
             before
             the
             Grand
             Jury
             ]
             by
             two
             not
             only
             Lawful
             ,
             but
             CREDIBLE
             Witnesses
             ,
             for
             the
             words
             are
             not
             only
             ,
             
               he
               shall
            
             not
             be
             Convicted
             [
             which
             is
             the
             work
             of
             the
             
               Petty
               Jury
            
             ,
             or
             Jury
             of
             Life
             and
             Death
             ,
             as
             't
             is
             commonly
             called
             ,
             ]
             But
             he
             shall
             not
             be
             Indicted
             [
             which
             is
             the
             business
             of
             the
             Grand
             Jury
             ]
             And
             therefore
             Grand-Juries
             besides
             their
             
               general
               and
               ordinary
               Right
            
             and
             power
             by
             Law
             ,
             have
             when
             any
             person
             is
             Indicted
             upon
             
               this
               Statute
            
             ,
             a
             special
             right
             and
             direction
             from
             the
             
               Act
               it self
            
             to
             Examine
             and
             be
             well
             satisfied
             in
             the
             Credibility
             of
             the
             Witnesses
             ;
             which
             if
             duly
             considered
             ,
             would
             perhaps
             much
             mitigate
             the
             Clamours
             lately
             raised
             against
             some
             Juries
             for
             their
             Returning
             some
             Bills
             before
             them
             Ignoramus
             ,
             though
             the
             matters
             therein
             were
             roundly
             
             sworn
             unto
             by
             Legal
             ,
             but
             probably
             in
             their
             esteem
             and
             Judgment
             ,
             as
             they
             were
             upon
             their
             Oaths
             ,
             not
             sufficiently
             Credible
             Witnesses
             ;
             especially
             when
             their
             Stories
             were
             no
             less
             Incredible
             than
             their
             persons
             .
          
           
             Secondly
             ,
             Note
             that
             as
             a
             person
             cannot
             be
             Convicted
             or
             Indicted
             ,
             so
             neither
             can
             he
             be
             so
             much
             as
             Committed
             for
             any
             Offence
             made
             Treason
             by
             this
             Act
             ,
             by
             or
             upon
             the
             Oaths
             of
             any
             
               single
               Witness
            
             ,
             though
             there
             should
             be
             never
             so
             much
             presumption
             that
             more
             may
             come
             in
             against
             him
             before
             he
             be
             brought
             to
             Trial
             ,
             for
             the
             words
             are
             —
             
               Vnless
               he
               be
               thereof
               accused
               by
               the
               Testimony
               and
               deposition
               of
               Two
               Lawful
               and
               Credible
               Witnesses
               ,
               which
               Witnesses
               at
               his
               Arraignment
               shall
               be
               brought
               before
               him
               face
               to
               face
               ,
            
             &c.
             
             So
             that
             't
             is
             evidently
             intended
             the
             original
             accusation
             before
             the
             Justice
             or
             Magistrate
             that
             shall
             Commit
             the
             person
             must
             be
             by
             two
             such
             Witnesses
             ,
             and
             that
             the
             same
             two
             Witnesses
             (
             and
             not
             others
             ,
             leaving
             them
             that
             first
             charged
             him
             out
             ,
             though
             yet
             others
             no
             doubt
             may
             be
             added
             to
             them
             )
             must
             give
             Evidence
             to
             the
             Grand
             Jury
             ,
             and
             at
             ●is
             Trial.
             
          
           
             3.
             
             There
             is
             in
             this
             Act
             a
             
               third
               proviso
            
             ,
             that
             no
             person
             shall
             incur
             any
             the
             Penalties
             in
             this
             Act
             mentioned
             unless
             ,
             1.
             
             He
             be
             Prosecuted
             ,
             [
             that
             is
             charged
             before
             a
             Magistrate
             ,
             or
             Committed
             ]
             within
             six
             Months
             after
             the
             Offence
             Committed
             .
             Secondly
             ,
             and
             unless
             he
             be
             Indicted
             thereupon
             within
             three
             Months
             after
             such
             Prosecution
             .
             So
             that
             if
             in
             either
             of
             these
             Respects
             the
             time
             be
             elapsed
             ,
             the
             Grand
             Jury
             ought
             not
             to
             find
             the
             Bill
             .
          
           
             4.
             
             Provided
             ,
             this
             Act
             shall
             not
             infringe
             the
             Priviledges
             or
             Freedom
             of
             Debates
             in
             either
             of
             the
             Houses
             of
             Parliament
             ,
             or
             any
             Committee
             of
             them
             .
          
           
             5.
             
             That
             a
             Peer
             shall
             be
             tryed
             for
             any
             Offence
             against
             this
             Act
             by
             his
             Peers
             ,
             but
             if
             Convicted
             ,
             shall
             be
             disabled
             to
             sit
             in
             Parliament
             during
             Life
             .
             And
             thus
             much
             for
             what
             is
             Treason
             at
             this
             day
             .
          
           
             By
             the
             Statute
             of
             1
             and
             2
             Phil.
             and
             
               Mar.
               cap
            
             10.
             
             
             
               All
               Trials
               for
               Treason
            
             shall
             be
             only
             according
             to
             the
             Course
             of
             the
             Common
             Law.
             And
             though
             the
             greater
             part
             of
             that
             Statute
             ,
             being
             Temporary
             ,
             be
             expired
             ,
             yet
             this
             Clause
             is
             still
             in
             Force
             .
          
           
             The
             Judgment
             in
             all
             Cases
             of
             High
             Treason
             ,
             except
             for
             Counterfeiting
             Coin
             (
             for
             a
             man
             )
             is
             ,
             
               That
               he
               shall
               be
               drawn
               on
               an
               Hurdle
               or
               Sledge
               to
               the
               place
               of
               Execution
               and
               there
               be
               Hanged
               by
               the
               Neck
               ,
               to
               be
               cut
               down
               being
               yet
               alive
               ,
               his
               Privy
               Members
               cut
               off
               ,
               his
               Bowels
               ript
               up
               ,
               taken
               out
               ,
               and
               burnt
               before
               his
               face
               ,
               his
               Headsevered
               from
               his
               Body
               ,
               his
               Body
               divided
               into
               four
               Quarters
               ,
               which
               are
               to
               be
               disposed
               of
               as
               the
               King
               shall
               order
               —
            
             But
             for
             Counterfeiting
             Coin
             ,
             only
             
               Drawn
               and
               Hanged
            
             .
             And
             in
             both
             Cases
             for
             a
             Woman
             (
             for
             Modesty
             sake
             )
             it
             is
             only
             that
             she
             shall
             be
             Burnt
             .
          
           
             The
             reasons
             or
             signification
             of
             this
             horrid
             Judgment
             on
             a
             man
             for
             Treason
             ,
             are
             thus
             by
             some
             rendred
             and
             Interpreted
             .
          
           
             1.
             
             He
             is
             drawn
             on
             a
             Sledg
             or
             Hurdle
             on
             the
             ground
             in
             the
             Dirt
             ,
             to
             shew
             that
             his
             Pride
             is
             brought
             down
             ,
             for
             Treason
             commonly
             springs
             from
             Ambition
             .
          
           
             2.
             
             On
             this
             Hurdle
             he
             is
             drawn
             backward
             ,
             to
             shew
             that
             his
             Actings
             have
             been
             contrary
             to
             Order
             ,
             unnatural
             and
             Preposterous
             .
          
           
             3.
             
             He
             is
             Hanged
             between
             Heaven
             and
             Earth
             ,
             as
             
               unworthy
               of
               either
            
             .
          
           
             4.
             
             He
             is
             cut
             down
             yet
             alive
             ,
             and
             his
             
               Privities
               cut
               off
            
             ,
             to
             shew
             that
             he
             was
             unfit
             to
             Propagate
             any
             Posterity
             .
          
           
             5.
             
             His
             Head
             is
             severed
             from
             his
             Body
             ,
             because
             his
             mischevious
             Brain
             contrived
             the
             Treason
             .
          
           
             6.
             
             His
             Body
             is
             divided
             ,
             to
             shew
             that
             all
             his
             Machinations
             and
             Devices
             are
             
               torn
               to
               pieces
            
             ,
             and
             brought
             to
             nought
             ;
             and
             into
             
               four
               parts
            
             ,
             that
             they
             may
             be
             scattered
             towards
             the
             four
             Quarters
             of
             the
             World.
             
          
           
             Heading
             being
             part
             of
             the
             judgment
             in
             Treason
             ,
             the
             King
             commonly
             to
             persons
             of
             Quality
             Pardons
             
             all
             the
             rest
             ,
             of
             the
             Sentence
             ,
             and
             so
             they
             are
             only
             Beheaded
             .
             But
             if
             a
             person
             be
             Attainted
             of
             Murder
             or
             any
             other
             Felony
             ,
             if
             he
             be
             Beheaded
             ,
             't
             is
             no
             Execution
             of
             the
             Judgment
             ,
             because
             there
             the
             Judgment
             always
             is
             ,
             that
             he
             
               be
               Hanged
               till
               he
               be
               dead
               ,
            
             which
             cannot
             be
             altered
             .
             So
             that
             had
             Count
             
               Conning
               smark
            
             lately
             been
             Convicted
             and
             Condemned
             for
             the
             Murder
             of
             Esquire
             Thynn
             ,
             all
             his
             Guinies
             or
             his
             Friends
             could
             not
             have
             preserved
             him
             from
             the
             Gallows
             ,
             unless
             they
             could
             have
             got
             an
             intire
             Pardon
             .
          
           
             Any
             person
             being
             Indicted
             for
             Treason
             may
             Challenge
             [
             that
             is
             except
             against
             or
             refuse
             ]
             
               Five
               and
               Thirty
            
             Jurors
             ,
             peremptorily
             [
             that
             is
             ,
             for
             his
             pleasure
             ,
             or
             for
             reasons
             best
             known
             to
             himself
             ,
             and
             without
             assigning
             any
             Cause
             to
             the
             Court.
             But
             if
             he
             Challenge
             more
             ,
             that
             is
             above
             three
             full
             Juries
             ,
             he
             Forseits
             his
             Goods
             ,
             and
             Judgment
             of
             
               Peinfort
               &
               dure
            
             ,
             [
             that
             is
             of
             being
             pressed
             to
             Death
             ]
             shall
             pass
             upon
             him
             as
             one
             that
             refuseth
             the
             Trial
             of
             the
             Law.
             
          
           
             In
             Cases
             of
             Murder
             and
             Felony
             a
             man
             cannot
             Challenge
             peremptorily
             above
             the
             number
             of
             Twenty
             ;
             But
             with
             Cause
             he
             may
             except
             against
             more
             .
             And
             this
             is
             by
             the
             Stat.
             of
             22.
             
             
               H.
               8.
               cap.
            
             14.
             
          
           
             And
             certainly
             since
             the
             Law
             of
             England
             ,
             which
             is
             a
             
               Law
               of
               Mercy
            
             ,
             does
             in
             
               Favour
               of
               Life
            
             ,
             not
             only
             order
             a
             man
             to
             be
             Tryed
             by
             a
             Jury
             of
             his
             Country
             and
             Equals
             ,
             but
             also
             allows
             him
             to
             refuse
             ,
             and
             have
             Liberty
             of
             excepting
             against
             so
             many
             of
             those
             as
             shall
             be
             Impanelled
             for
             that
             purpose
             ;
             It
             cannot
             be
             supposed
             that
             the
             same
             Law
             ever
             intended
             that
             the
             Prisoner
             should
             be
             denyed
             
               a
               Copy
               of
               the
               Pannel
            
             of
             his
             Jury
             ,
             that
             so
             by
             the
             Information
             of
             his
             Friends
             or
             otherwise
             ,
             he
             may
             know
             their
             
               Qualities
               ,
               Circumstances
            
             and
             Inchnations
             ;
             for
             how
             else
             shall
             he
             know
             whom
             to
             
               Challenge
               peremptorily
            
             ,
             and
             whom
             to
             
               Challenge
               with
               Cause
            
             ;
             to
             allow
             a
             man
             such
             Liberty
             of
             Challenge
             ,
             and
             give
             him
             no
             opportunity
             of
             such
             Inquiry
             ,
             
             is
             but
             to
             
               mock
               the
               Prisoner
            
             ,
             to
             whom
             possibly
             the
             whole
             Jury
             by
             
               face
               and
               name
            
             may
             be
             utter
             Strangers
             ;
             and
             sure
             the
             wisdom
             of
             our
             Laws
             never
             thought
             every
             Prisoner
             so
             skilled
             in
             Metoposcopy
             ,
             that
             meerly
             by
             looking
             on
             a
             parcel
             of
             men
             he
             could
             tell
             which
             of
             them
             were
             indifferent
             ,
             and
             which
             biassed
             against
             him
             .
          
        
      
       
         
           
             Another
             Statute
             of
             King
             Edward
             the
             third
             .
             
               Anno
               2.
               
               Edw.
               3.
               cap.
            
             2.
             
          
           
             In
             what
             Cases
             only
             Pardon
             of
             Felony
             shall
             be
             granted
             ,
             &c.
             
          
           
             ITem
             ,
             
               Whereas
               Offendors
               have
               been
               greatly
               encouraged
               ,
               because
               the
               Charters
               of
               Pardon
               have
               been
               so
            
             easily
             granted
             
               in
               times
               past
               of
               Man-slaughters
               ,
               Roberies
               ,
               Felonies
               ,
               and
               other
               Trespasses
               against
               the
               Peace
               ,
               (
               2
               )
               It
               is
               ordained
               and
               Enacted
               that
               such
               Charters
            
             shall
             not
             be
             granted
             ,
             but
             only
             where
             the
             King
             may
             do
             it
             by
             his
             Oath
             ,
             
               that
               is
               to
               say
               ,
               where
               a
               man
               slayeth
               another
               in
               his
            
             own
             Defence
             ,
             
               or
               by
            
             Misfortune
             .
             (
             3
             )
             
               And
               also
               they
               have
               been
               encouraged
               because
               that
               the
            
             Justices
             
               of
               the
               Goal-Delivery
               ,
               and
               of
               Oyer
               and
               Terminer
               ,
            
             have
             been
             procured
             by
             great
             men
             ,
             
               against
               the
               Form
               of
               the
               Statute
               made
               in
               the
               27th
               year
               of
               the
               Reign
               of
               King
            
             Edward
             ,
             
               Grandfather
               to
               our
               Lord
               the
               King
               that
               now
               is
               ,
               wherein
               is
               Contained
               that
               Justices
               Assigned
               to
               take
               Assizes
               ,
               if
               they
               be
            
             Lay-Men
             ,
             
               shall
               make
               deliverance
               ,
               and
               if
               the
               one
               be
               a
               Clerk
               ,
               and
               the
               other
               a
               Lay-man
               ,
               that
               the
            
             Lay-Judge
             
               with
               another
               of
               the
               Countrey
               associate
               to
               him
               ,
               shall
               deliver
               the
               Goals
               .
               (
               4
               )
               Wherefore
               it
               is
               Enacted
               ,
               that
               Justices
               shall
               not
               be
               made
               against
               the
               Form
               of
               the
               said
               Statute
               ;
               (
               5
               )
               And
               that
               the
               Assizes
               ,
               Attaints
               ,
               and
               Certifications
               be
               taken
               before
               the
               Justices
               ,
               commonly
               
               Assigned
               ,
               which
               should
               be
               good
               men
               and
               Lawful
               ,
               having
               knowledg
               of
               the
               Law
               ,
               and
               none
               other
               ,
               after
               the
               Form
               if
               another
               Statute
               made
               in
               the
               time
               of
               the
               said
               King
            
             Edward
             
               the
               first
               .
               (
               6
               )
               And
               that
               the
            
             Oyers
             and
             Terminers
             
               shall
               not
               be
               granted
               ,
               but
               before
               the
               Justices
               of
               the
               one
               Bench
               or
               the
               other
               ,
               or
               the
               Justices
               Errants
               ,
               and
               that
               great
               hurt
               ,
               or
               horrible
               Trespasses
               ,
               and
               of
               the
               Kings
               special
               Grace
               ,
               after
               the
               Form
               of
               the
               S●atute
               thereof
               ordained
               in
               time
               of
               the
               said
               Grandfather
               ,
               and
               none
               otherwise
               .
            
          
        
         
           
             The
             Comment
             .
          
           
             
               Touching
               this
               Statute
               and
               several
               others
               to
               the
               same
               purpose
               ,
               as
               14.
               
               
                 Edw.
                 3.
                 cap.
              
               14.
               and
               10.
               
               
                 Edw.
                 3.
                 cap.
              
               2.
               and
               13.
               
               
                 R.
                 2.
                 cap.
              
               1.
               and
               16.
               
               
                 R.
                 cap.
              
               6.
               &c.
               We
               shall
               only
               give
               you
               the
               words
               of
               Cook
               in
               the
               third
               part
               of
               his
               Instit
               .
               fo
               .
               236.
               
               What
               things
               the
               King
               
                 may
                 pardon
              
               ,
               and
               in
               what
               manner
               ,
               and
               what
               
                 he
                 cannot
                 pardon
              
               ,
               falleth
               now
               to
               be
               treated
               of
               .
            
          
           
             IN
             case
             of
             death
             of
             man
             ,
             Robberies
             and
             Felonies
             against
             the
             Peace
             ,
             divers
             Acts
             of
             Parliament
             have
             
               Restrained
               the
               power
               of
               granting
               Charters
               of
               pardons
            
             ;
             first
             ,
             that
             no
             such
             Charters
             shall
             be
             granted
             ,
             but
             in
             case
             
               where
               the
               King
               may
               do
               it
               by
               his
               Oath
               ;
               Secondly
               ,
            
             That
             no
             man
             shall
             obtain
             
               Charters
               out
               of
               Parliament
            
             ,
             Stat.
             4.
             
             
               Edw
               ,
               3.
               cap
            
             13.
             
             And
             accordingly
             in
             a
             Parliament
             Roll
             it
             is
             said
             ,
             [
             for
             the
             Peace
             of
             the
             Land
             it
             would
             much
             help
             ,
             if
             good
             Justices
             were
             appointed
             in
             every
             County
             ,
             if
             such
             as
             be
             let
             to
             mainprize
             do
             put
             in
             good
             Sureties
             ,
             as
             Esquires
             or
             Gentlemen
             :
             And
             that
             
               no
               pardon
               were
               granted
               but
               by
               Parliament
               ]
            
             
             Thirdly
             ,
             For
             that
             the
             King
             hath
             granted
             Pardons
             of
             Felonies
             upon
             
               false
               Suggestions
            
             ,
             it
             is
             provided
             ,
             that
             every
             Charter
             of
             Felony
             which
             shall
             be
             granted
             at
             the
             Suggestion
             of
             any
             ,
             the
             name
             of
             him
             that
             maketh
             the
             Suggestion
             shall
             be
             comprised
             in
             the
             Charter
             ,
             and
             if
             the
             Suggestion
             be
             found
             untrue
             ,
             the
             Charter
             shall
             be
             disallowed
             .
             And
             the
             like
             provision
             is
             made
             by
             the
             Statute
             of
             5.
             
             H.
             4.
             
             Cap
             2.
             for
             the
             Pardon
             of
             an
             Approver
             .
          
           
             Fourthly
             ,
             It
             is
             provided
             that
             no
             Charter
             of
             Pardon
             for
             Murder
             ,
             Treason
             ,
             or
             Rape
             ,
             shall
             be
             allowed
             ,
             &c.
             
             If
             they
             be
             not
             specified
             in
             the
             same
             Charter
             .
             Statute
             13.
             
             R
             ,
             2.
             
             Before
             this
             Statute
             of
             13.
             
             R
             ,
             2.
             by
             the
             Pardon
             of
             
               all
               Felonies
            
             ,
             Treason
             was
             Pardoned
             ,
             and
             so
             was
             
               Murder
               ,
               &c.
            
             
             At
             this
             day
             by
             the
             Pardon
             of
             all
             Felonies
             ,
             the
             death
             of
             man
             is
             ,
             not
             Pardoned
             .
             These
             be
             excellent
             Laws
             for
             direction
             ,
             and
             for
             the
             Peace
             of
             the
             Realm
             .
             But
             it
             hath
             been
             conceived
             ,
             (
             which
             we
             will
             not
             question
             )
             that
             the
             King
             may
             dispence
             with
             these
             Laws
             by
             a
             
               Non
               Obstante
            
             ,
             [
             notwithstanding
             ,
             ]
             be
             it
             General
             or
             Special
             (
             albeit
             we
             find
             not
             any
             such
             Clauses
             of
             
               non
               Obstante
            
             ,
             notwithstanding
             ,
             to
             dispense
             with
             any
             of
             these
             Statutes
             ,
             
               (
               but
               of
               late
               times
            
             )
             These
             Statutes
             are
             excellent
             Instructions
             for
             a
             
               Religious
               and
               Prudent
               King
            
             to
             follow
             ,
             for
             in
             these
             Cases
             ,
             
               Vt
               summae
               potestatis
               Regiae
               est
               posse
               quantum
               velit
               ,
               sic
               Magnitudinis
               est
               velle
               quantum
               possit
               ,
            
             [
             As
             it
             is
             the
             highest
             Kingly
             power
             to
             be
             able
             to
             Act
             what
             he
             Wills
             ,
             so
             it
             is
             his
             Greatness
             and
             Nobleness
             to
             Will
             only
             what
             he
             lawfully
             can
             .
             ]
             Hereof
             you
             may
             Read
             more
             in
             Justice
             Standford
             ,
             Lib.
             2.
             
             Cap.
             35.
             in
             diverse
             places
             of
             that
             Chapter
             ,
             of
             his
             grave
             Advice
             in
             that
             behalf
             .
             Most
             certain
             it
             is
             ,
             that
             the
             
               Word
               of
               God
            
             has
             set
             down
             this
             undisputable
             General
             Rule
             ,
             
               Quia
               non
               profetur
               Cito
               Contra
               malos
               sententia
               ,
               filii
               hominum
               sine
               timore
               ullo
               perpetrant
               ,
            
             [
             because
             Sentence
             against
             evil
             men
             is
             not
             speedily
             Executed
             ,
             therefore
             the
             hearts
             of
             the
             Children
             of
             men
             
             are
             set
             in
             them
             to
             do
             evil
             ]
             And
             thereupon
             the
             Rule
             of
             Law
             is
             grounded
             .
             
               Spes
               Impunitatis
               Continuum
               Affectum
               tribuit
               delinquendi
               ,
            
             [
             the
             hope
             of
             Impunity
             encourageth
             Offenders
             ]
             
               Et
               veniae
               facilitas
               Incentivum
               est
               Delinquendi
               ,
            
             and
             the
             facility
             of
             obtaining
             Pardon
             is
             an
             Incentive
             to
             Commit
             Offences
             ]
             This
             is
             to
             be
             Added
             ,
             that
             the
             Intention
             of
             the
             said
             Act
             of
             13.
             
             R.
             2.
             
             Was
             not
             that
             the
             King
             should
             grant
             a
             
               Pardon
               of
               Murder
               by
               express
               Name
            
             in
             the
             Charter
             ,
             but
             because
             the
             whole
             Parliament
             conceived
             ,
             that
             he
             
               would
               neuer
               Pardon
               Murder
               by
               special
               Name
            
             for
             the
             Causes
             aforesaid
             ,
             therefore
             that
             provision
             made
             ,
             which
             was
             (
             as
             in
             other
             Cases
             I
             have
             observed
             )
             grounded
             upon
             the
             Law
             of
             God
             ,
             
               Quicunque
               effuderit
               humanum
               sanguinem
               ,
               fundetur
               sanguis
               illius
               ;
               ad
               imaginem
               quippe
               Dei
               creatus
               est
               homo
               nec
               aliter
               Expiati
               potest
               ,
               nisi
               per
               ejus
               sanguinem
               ,
               qui
               alterius
               sanguinem
               effuderit
               ,
            
             [
             whosoever
             shall
             shed
             mans
             blood
             ,
             by
             man
             also
             shall
             his
             blood
             be
             shed
             ,
             because
             man
             was
             Created
             after
             the
             Image
             of
             God
             ,
             neither
             can
             it
             be
             expiated
             otherwise
             then
             by
             his
             blood
             ,
             who
             spilt
             the
             blood
             of
             another
             .
             ]
             And
             the
             words
             of
             every
             Pardon
             is
             after
             the
             Recital
             of
             the
             offence
             ,
             
               nos
               pietate
               moti
               ,
               &c.
            
             we
             being
             
               moved
               with
               Piety
            
             ,
             &c.
             
             But
             it
             can
             be
             no
             Piety
             to
             violate
             an
             express
             Law
             of
             God
             ,
             by
             letting
             Murder
             scape
             unpunisht
             .
             Thus
             Coke
             ,
             whereby
             we
             see
             what
             opinion
             he
             had
             of
             such
             Pardons
             .
          
        
      
       
         
         
           A
           brief
           digression
           concerning
           the
           Nature
           of
           APPEALS
           .
        
         
           THis
           Discourse
           of
           Pardons
           puts
           us
           in
           mind
           of
           another
           kind
           of
           Legal
           Prosecution
           called
           an
           Appeal
           :
           of
           which
           it
           may
           be
           very
           convenient
           to
           give
           the
           Reader
           some
           brief
           account
           .
           You
           must
           know
           then
           for
           several
           Offences
           ,
           for
           which
           a
           man
           deserveth
           death
           ,
           and
           particularly
           for
           Murder
           ,
           there
           are
           
             two
             ways
          
           to
           bring
           him
           to
           Answer
           for
           the
           same
           ,
           one
           by
           Indictment
           ,
           which
           is
           
             at
             the
             Kings
             Suit
          
           ,
           and
           the
           other
           by
           Appeal
           ,
           which
           is
           
             at
             the
             Suit
             of
             a
             Party
          
           which
           is
           wronged
           or
           injured
           by
           the
           Murder
           :
           as
           a
           Woman
           whose
           Husband
           ,
           or
           a
           Child
           ,
           or
           Brother
           ,
           whose
           Father
           or
           Brother
           is
           Killed
           .
        
         
           Now
           upon
           an
           Indictment
           ,
           if
           the
           Offender
           be
           found
           Guilty
           ,
           because
           it
           s
           to
           be
           at
           the
           Suit
           of
           the
           King
           ,
           it
           has
           been
           said
           by
           some
           ,
           may
           be
           and
           
             too
             often
             a
             Pardon
          
           ,
           has
           been
           obtained
           (
           tho
           even
           That
           too
           be
           
             against
             Law
          
           ,
           as
           appears
           by
           the
           Premisses
           )
           But
           in
           an
           Appeal
           all
           agree
           ,
           the
           King
           can
           grant
           
             no
             Pardon
          
           ,
           Nay
           if
           a
           person
           be
           tryed
           by
           Indictment
           ,
           and
           Acquitted
           ,
           or
           Convicted
           and
           get
           a
           Pardon
           ,
           yet
           an
           Appeal
           may
           be
           brought
           ,
           and
           if
           he
           be
           thereupon
           Convicted
           ,
           notwithstanding
           such
           his
           former
           Acquital
           ,
           or
           Pardon
           ,
           he
           must
           be
           Hanged
           .
        
         
           The
           word
           Appeal
           is
           derived
           from
           the
           French
           Verb
           Appeller
           ,
           to
           Call
           ,
           because
           he
           or
           she
           that
           brings
           it
           ,
           Calls
           the
           Defendant
           to
           Judgment
           ;
           but
           the
           meaning
           thereof
           is
           all
           one
           with
           
             An
             Accusation
          
           ,
           And
           is
           peculiarly
           in
           Legal
           signification
           applyed
           to
           Appeals
           of
           
             Three
             sorts
          
           ;
           First
           an
           Appeal
           brought
           by
           an
           Heir
           Male
           for
           some
           wrong
           done
           to
           his
           Ancestor
           whose
           Heir
           he
           is
           .
           Secondly
           ,
           Of
           wrong
           done
           to
           an
           Husband
           ,
           and
           is
           by
           the
           Wife
           only
           ,
           if
           it
           be
           for
           the
           death
           of
           her
           Husband
           ,
           to
           be
           Prosecuted
           .
           The
           third
           is
           of
           
           wrongs
           done
           to
           the
           Appellants
           themselvess
           as
           for
           Robbery
           ,
           Rape
           ,
           or
           Maim
           
             Coke
             1.
             
             Instit
          
           .
           Sect.
           500.
           
        
         
           Note
           that
           this
           Appeal
           must
           be
           brought
           
             within
             a
             year
             and
             a
             day
          
           after
           the
           Murder
           is
           committed
           .
           For
           afterwards
           it
           cannot
           be
           brought
           at
           all
           .
           And
           antiently
           it
           was
           customary
           not
           to
           bring
           an
           Indictment
           for
           the
           King
           ,
           till
           after
           the
           year
           and
           the
           day
           ,
           waiting
           in
           the
           mean
           time
           for
           the
           Prosecution
           of
           the
           Party
           ,
           but
           this
           was
           found
           very
           inconvenient
           ,
           for
           the
           Party
           was
           frequently
           compounded
           with
           ,
           and
           at
           the
           years
           end
           the
           business
           was
           forgot
           ,
           and
           so
           Offenders
           escaped
           Justice
           .
        
         
           And
           therefore
           the
           same
           was
           altered
           by
           the
           Statute
           3.
           
           
             Hen.
             7.
             
             Cap.
          
           1.
           
           Whereby
           it
           is
           Enacted
           ,
           
             That
             the
             Coroner
             shall
             do
             his
             Office
             ,
             and
             the
             Offenders
             may
             be
             Arraigned
             at
             any
             time
             within
             the
             year
             ,
             at
             the
             Kings
             Suit
             ,
             but
             if
             Acquitted
             ,
             yet
             the
             party
             within
             the
             year
             and
             day
             should
             have
             liberty
             to
             bring
             an
             Appeal
             against
             such
             person
             ,
             either
             Acquitted
             or
             Attainted
             ,
             if
             the
             benefit
             of
             the
             Clergy
             be
             not
             before
             thereof
             had
             .
             And
             in
             order
             thereunto
             that
             when
             any
             person
             happened
             to
             be
             Acquitted
             for
             the
             death
             of
             a
             man
             ,
             within
             the
             year
             ,
             the
             Justices
             before
             whom
             he
             is
             Acquitted
             ,
             shall
             not
             suffer
             him
             to
             go
             at
             large
             ,
             but
             either
             to
             remit
             him
             again
             to
             the
             Prison
             ,
             or
             else
             to
             let
             him
             to
             Bail
             after
             their
             discretion
             ,
             till
             that
             the
             day
             and
             the
             year
             be
             passed
             ,
             that
             so
             he
             may
             be
             forth
             coming
             to
             Answer
             an
             Appeal
             ,
             if
             it
             shall
             happen
             to
             be
             brought
             .
          
        
         
           Thus
           that
           Statute
           ;
           as
           to
           the
           
             latter
             Clause
          
           whereof
           ,
           you
           see
           the
           Judges
           have
           power
           in
           
             Case
             of
             Acquittal
          
           to
           keep
           the
           Party
           in
           Prison
           still
           ,
           till
           the
           
             day
             and
             year
          
           be
           over
           .
           Or
           else
           to
           admit
           him
           to
           Bail
           ;
           and
           tho
           this
           be
           left
           to
           their
           Discretion
           ,
           yet
           it
           must
           not
           be
           such
           a
           Discretion
           ,
           as
           
             confounds
             all
             Discretion
          
           :
           but
           they
           must
           weigh
           the
           Circumstances
           ,
           and
           go
           according
           to
           Law
           and
           Judgment
           ;
           and
           certainly
           the
           law
           intended
           such
           Bail
           ,
           if
           any
           be
           accepted
           ,
           should
           be
           bound
           
             Body
             
             for
             Body
          
           ,
           for
           otherwise
           it
           seems
           no
           security
           .
           And
           therefore
           many
           wise
           men
           wondered
           the
           other
           day
           when
           Count
           
             Conning
             smark
          
           was
           Acquitted
           on
           the
           Indictment
           for
           the
           Barbarous
           Murder
           of
           Esquire
           Thynn
           ,
           that
           he
           was
           suffered
           to
           go
           so
           soon
           abroad
           ,
           for
           being
           a
           Stranger
           ,
           he
           was
           never
           like
           to
           come
           again
           into
           Enggland
           ,
           and
           being
           so
           rich
           ,
           what
           values
           he
           to
           discharge
           the
           Forfeitures
           of
           his
           Sureties
           Recognizances
           ,
           which
           likewise
           may
           be
           easily
           Compounded
           .
           At
           most
           ,
           the
           
             Forfeieure
             is
             to
             the
             King
          
           ,
           and
           what
           is
           it
           that
           to
           the
           next
           Heir
           or
           Kinsman
           ?
           He
           is
           by
           this
           means
           Outed
           of
           his
           Legal
           Remedy
           to
           Revenge
           the
           Blood
           of
           his
           near
           and
           dear
           Relation
           —
           
             Sed
             haec
             Obiter
          
           .
        
         
           
             The
             form
             of
             an
             Appeal
             of
             Murder
             .
          
           
             I
             C.
             Hic
             Instanter
             Appellat
             W.
             E.
             &c.
             (
             In
             English
             thus
             )
             
               I
               here
               instantly
               Appeals
            
             W.
             F.
             
               of
               the
               death
               of
               his
               Brother
            
             H.
             C.
             
               For
               that
               whereas
               the
               aforesaid
            
             H.
             
               was
               in
               the
               Peace
               of
               God
               ,
               and
               the
               King
               ,
               at
            
             Tonbridge
             
               in
               the
               County
               of
               Rent
               ,
               the
               twenty
               eighth
               day
               of
            
             March
             ,
             
               in
               the
               thirty
               fourth
               year
               of
               the
               Reign
               of
               our
               Lord
            
             Charles
             
               the
               Second
            
             ,
             &c.
             
               at
               seven
               a
               Clock
               in
               the
               Evening
               of
               the
               same
               Day
               ,
               cama
               the
               said
            
             W.
             F.
             
               as
               a
               Felon
               ,
               of
               our
               Lord
               the
               King
               in
               a
               premeditated
               
               Assault
               ,
               with
               Force
               and
               Arms
               ,
            
             &c.
             
             
               And
               upon
               him
               the
               said
            
             H.
             C.
             
               then
               and
               there
               felonionsly
               an
               Assault
               did
               make
               ,
               and
               with
               a
               certain
               Sword
               ,
               of
               the
               price
               of
               twelve
               pence
               ,
               Which
               he
               then
               and
               there
               in
               his
               Right
               Hand
               did
               hold
               ,
               the
               aforesaid
            
             H.
             
               upon
               his
               Head
               did
               strike
               ,
               and
               one
               mortal
               wound
               of
               two
               Inches
               long
               in
               forepart
               of
               his
               Head
               ,
               even
               unto
               the
               Brain
               to
               the
               said
            
             H.
             
               did
               then
               and
               there
               Feloniously
               give
               ;
               of
               which
               said
               wound
               the
               said
            
             H
             
               for
               three
               days
               then
               next
               following
               did
               Languish
               ,
               and
               then
               ,
            
             viz.
             
               the
               [
               such
               a
               ]
               day
               of
               [
               such
               a
               month
               ,
               ]
               he
               there
               died
               ,
               [
               or
               if
               the
               case
               be
               so
               ,
            
             Instantly
             died
             ]
             
               And
               so
               the
               said
            
             W.
             H.
             
               as
               a
               Felon
               of
               our
               Lord
               the
               King
               ,
               the
               aforesaid
            
             H.
             
               Feloniously
               did
               Kill
               and
               Murder
               ,
               against
               the
               Peace
               of
               our
               said
               Lord
               the
               King
               his
               Crown
               and
               Dignity
               :
               And
               that
               this
               he
               did
               wickedly
               ,
               and
               as
               a
               Felon
               against
               the
               Peace
               of
               God
               ,
               and
               our
               Lord
               the
               King
               the
               aforesaid
               osters
               that
               the
               
               same
               be
               detained
               as
               the
               Court
               of
               our
               Lord
               the
               King
               shall
               think
               meet
               .
            
             Diversity
             of
             Courts
             and
             Jurisdictions
             ,
             Written
             in
             the
             time
             of
             King
             Hen.
             8.
             
          
           
             1.
             
             Note
             ,
             That
             a
             women
             cannot
             now
             bring
             an
             Appeal
             for
             the
             death
             of
             any
             other
             Ancestors
             ,
             being
             baried
             there
             from
             by
             
               Magna
               Charta
            
             ,
             Cap.
             34.
             whereas
             (
             as
             you
             have
             heard
             )
             it
             is
             provided
             that
             none
             shall
             be
             taken
             or
             Imprisoned
             upon
             the
             Appeal
             of
             any
             woman
             for
             the
             death
             of
             any
             Person
             ,
             but
             only
             of
             
               her
               Husband
            
             .
             But
             she
             may
             at
             this
             day
             bring
             an
             Appeal
             of
             Robbery
             ,
             &c.
             
             For
             wherein
             she
             is
             not
             by
             that
             Statute
             restrained
             .
             Coke
             2d
             .
             Instit
             .
             fol.
             68.
             
          
           
             2.
             
             The
             women
             that
             brings
             an
             Appeal
             for
             the
             death
             of
             her
             Husband
             ,
             must
             be
             his
             Wife
             not
             only
             
               de
               Facto
            
             but
             
               de
               Jure
            
             ,
             not
             only
             called
             and
             reputed
             ,
             or
             cohabiting
             with
             him
             ,
             but
             actually
             and
             legally
             Married
             to
             him
             ;
             and
             of
             such
             a
             Wife
             the
             Antient-Law-Books
             ,
             speaks
             ,
             
               de
               morte
               viri
               Inter
               Brachia
               sua
               Interfecti
               ,
            
             the
             Husband
             is
             killed
             within
             her
             Arms.
             that
             is
             whilst
             he
             was
             legally
             in
             her
             possession
             ;
             but
             that
             the
             Appellant
             and
             the
             person
             killed
             ,
             were
             not
             ever
             lawfully
             coupled
             in
             Matrimony
             ,
             is
             a
             good
             Plea
             in
             an
             Appeal
             .
          
           
             3.
             
             This
             Right
             of
             Appeal
             for
             the
             death
             of
             her
             Husband
             is
             annexed
             to
             her
             Widdow-hood
             ,
             as
             her
             Quarentine
             is
             ,
             and
             therefore
             if
             the
             Wife
             of
             the
             Dead
             Marry
             again
             ,
             her
             Appeal
             is
             gone
             ,
             even
             altho
             the
             second
             Husband
             should
             die
             within
             the
             year
             &
             day
             after
             the
             Murder
             of
             the
             first
             :
             For
             she
             must
             all
             the
             while
             before
             the
             Appeal
             be
             brought
             ,
             continue
             
               Faemini
               viri
               sui
            
             ,
             his
             Widdow
             ,
             upon
             whose
             death
             the
             Appeal
             is
             brought
             :
             furthermore
             if
             she
             bring
             the
             Appeal
             during
             her
             Widdow-hood
             ,
             and
             take
             a
             Husband
             whilst
             it
             is
             depending
             ,
             the
             Appeal
             shall
             Abate
             (
             that
             is
             be
             
             out
             of
             doors
             )
             for
             ever
             ,
             Nay
             ,
             if
             on
             her
             Appeal
             she
             hath
             Judgment
             against
             the
             Defendant
             ,
             if
             afterwards
             she
             take
             an
             Husband
             before
             the
             Defendant
             be
             Hanged
             ,
             she
             can
             never
             have
             Execution
             of
             death
             against
             him
             .
          
           
             4.
             
             By
             the
             Statute
             of
             Glocest.
             made
             in
             the
             sixth
             year
             of
             King
             
               Edw.
               1.
               
               Cap.
            
             9.
             
             It
             is
             Enacted
             that
             if
             an
             Appeal
             set
             forth
             the
             Deed
             ,
             the
             year
             ,
             the
             day
             ,
             the
             hour
             ,
             the
             Reign
             of
             the
             King
             ,
             and
             the
             Town
             where
             the
             Deed
             was
             done
             ,
             and
             with
             what
             Weapon
             the
             Party
             was
             slain
             ,
             the
             Appeal
             shall
             stand
             in
             effect
             ,
             and
             shall
             not
             be
             abated
             for
             default
             of
             fresh
             Suit
             ,
             if
             the
             party
             shall
             Sue
             within
             the
             year
             and
             the
             day
             after
             the
             Deed
             done
          
           
             5.
             
             As
             for
             
               the
               year
               and
               day
            
             here
             mentioned
             ,
             it
             is
             to
             be
             acconnted
             for
             the
             whole
             year
             according
             to
             the
             Calendar
             ,
             and
             not
             for
             twelve
             Months
             ,
             at
             twenty
             eight
             days
             to
             the
             Month.
             So
             likewise
             the
             day
             intended
             is
             a
             Natural
             day
             .
             And
             this
             year
             and
             day
             must
             be
             accounted
             after
             the
             Felony
             and
             Murder
             Committed
             .
             Now
             if
             a
             man
             be
             Mortally
             Wounded
             ,
             on
             the
             first
             day
             of
             May
             ,
             and
             thereof
             Languishes
             to
             the
             first
             day
             of
             June
             ,
             and
             then
             dies
             ;
             the
             Question
             here
             arises
             whether
             the
             year
             and
             the
             day
             allowed
             for
             bringing
             the
             Appeal
             is
             to
             be
             reckoned
             from
             the
             giving
             the
             Wound
             ,
             or
             the
             time
             of
             Death
             .
             Some
             have
             held
             the
             former
             :
             For
             that
             the
             Death
             ensuing
             ,
             hath
             Relation
             to
             it
             ,
             and
             that
             is
             the
             Cause
             of
             the
             Death
             ,
             and
             the
             Offender
             did
             nothing
             the
             day
             of
             the
             Death
             .
             But
             the
             truth
             is
             ,
             the
             year
             and
             day
             shall
             be
             accounted
             only
             from
             the
             first
             of
             June
             ,
             the
             day
             of
             the
             Death
             ;
             for
             before
             that
             time
             no
             Felony
             was
             Committed
             :
             and
             thus
             it
             hath
             often
             been
             resolved
             and
             Adjudged
             ,
             and
             the
             reason
             abovesaid
             grounded
             upon
             Relation
             (
             which
             is
             a
             Fiction
             in
             Law
             )
             holdeth
             not
             in
             this
             Case
             .
             
               Coke
               2.
               
               Ingit
            
             .
             fol.
             320.
             
          
           
           
             6.
             
             If
             an
             Appeal
             of
             Murder
             be
             brought
             ,
             and
             depending
             the
             Suit
             ,
             and
             after
             the
             Year
             and
             Day
             is
             elapsed
             ,
             one
             become
             accessary
             to
             the
             Murder
             ,
             the
             Plaintiff
             shall
             have
             an
             Appeal
             against
             him
             after
             the
             Year
             and
             Day
             past
             after
             the
             Death
             ,
             but
             it
             must
             be
             brought
             within
             the
             Year
             and
             Day
             after
             this
             new
             Felony
             as
             accessary
             .
          
           
             7.
             
             If
             a
             Man
             be
             Indicted
             for
             Murder
             and
             Convicted
             only
             of
             Man-slaughter
             ,
             and
             have
             the
             Benefit
             of
             his
             Clergy
             it
             seems
             the
             Wife
             and
             Heir
             cannot
             afterwards
             bring
             their
             Appeal
             .
             Touching
             which
             the
             Lord
             Cook
             3
             Instit
             .
             Fo.
             131.
             cites
             a
             Case
             in
             these
             words
             :
             Thomas
             Burghe
             ,
             
               Brother
               and
               Heir
               of
            
             Henry
             Burghe
             
               brought
               an
            
             Appeal
             of
             Murder
             against
             Thomas
             Holcroft
             ,
             
               of
               the
               Death
               of
               the
               said
            
             Henry
             :
             
               The
               Defendant
               pleaded
               ,
               that
               before
               the
               Coroner
               ,
               he
               was
               Indicted
               of
               Man-slaughter
               ,
               and
               before
               Commissioners
               of
               Oyer
               and
               Terminer
               ,
               he
               was
               upon
               that
            
             Indictment
             Arraigned
             ,
             
               and
               confessed
               the
               Indictment
               ,
               and
               prayed
               his
            
             Clergy
             ,
             
               and
               thereupon
               was
               Entred
            
             Curia
             advisare
             vult
             ,
             
               the
               Court
               will
               consider
               ;
               whereupon
               he
               demanded
               Judgment
               ,
               whether
               the
               Plaintiffe
               ought
               to
               maintain
               that
               Appeal
               he
               had
               brought
               .
               To
               which
               the
               Plaintiffe
               demurred
               in
               Law.
               And
               in
               this
               Case
               three
               points
               were
               adjudged
               by
               Sir
            
             Christopher
             Wray
             ,
             Sir
             Thomas
             Gawdy
             
               and
               the
               whole
               Court.
            
             
          
           
             
               First
               ,
               That
               the
            
             matter
             of
             the
             Bar
             
               had
               been
               a
               good
               Bar
               of
               the
               Appeal
               by
               the
               Common
               Law
               ,
               as
               well
               as
               if
            
             the
             Clergy
             had
             been
             Allowed
             :
             
               For
               that
               the
               Defendant
               ,
               upon
               his
               Confession
               of
               the
               Indictment
               had
               prayed
               his
               Clergy
               ,
               which
               the
               Court
               ought
               to
               have
               granted
               ,
               and
               the
               deferring
               of
               the
               Court
               to
               be
               advised
               ,
               ought
               not
               to
               prejudice
               the
               Party
               Desendant
               ,
               albeit
               the
               Appeal
               was
               Commenced
               before
               the
               Allowance
               of
               it
               .
            
          
           
             The
             second
             point
             
               adjudged
               was
               ,
               that
               this
               Case
               was
               out
               of
               the
               Statute
               of
            
             3
             Hen.
             7.
             
             
               For
               that
               the
               words
               of
               that
               Act
               are
               ,
            
          
           
           
             If
             it
             fortune
             that
             the
             same
             Felons
             and
             Murderers
             ,
             and
             Accessaries
             so
             Arraigned
             ,
             or
             any
             of
             them
             ,
             to
             be
             Acquitted
             ,
             or
             the
             Principal
             of
             the
             said
             Felony
             ,
             or
             any
             of
             them
             to
             be
             Attainted
             ,
             the
             Wife
             or
             next
             Heir
             of
             him
             so
             slain
             ,
             &c.
             may
             have
             their
             Appeal
             of
             the
             same
             Death
             and
             Murder
             against
             the
             Person
             so
             Acquitted
             ,
             or
             against
             the
             said
             Principals
             so
             Attainted
             ,
             if
             they
             be
             alive
             ,
             and
             that
             THE
             BENEFIT
             OF
             HIS
             CLERGY
             THEREOF
             before
             be
             not
             had
             .
          
           
             
               And
               in
               this
               the
               Defendant
            
             Holcroft
             ,
             
               was
               neither
            
             Acquitted
             nor
             Attainted
             ,
             
               but
               Convicted
               by
               Confession
               ,
               and
               the
            
             Benefit
             of
             the
             Clergy
             only
             prayed
             ,
             
               as
               is
               aforesaid
               ,
               so
               as
               the
               Statute
               being
               penal
               concerning
               the
               Life
               of
               Man
               ,
               and
               made
               in
               Restraint
               of
               the
               Common
               Law
               ,
               was
               not
               to
               be
               taken
               by
               Equity
               ,
               but
               is
            
             Casus
             Omissus
             ,
             
               a
               Case
               Omitted
               ,
               and
               left
               to
               the
               Common
               Law.
               
            
          
           
             
               As
               to
               the
               Third
               ,
               is
               was
               objected
               ,
               that
               every
               Plea
               ought
               to
               have
               an
               apt
               Conclusion
               ,
               and
               that
               the
               Conclusion
               in
               this
               Case
               ought
               to
               have
               been
               ,
            
             Et
             petit
             judicium
             si
             praediit
             
               Thomas
               Holcroft
            
             Iterum
             de
             eadem
             morte
             ,
             de
             qua
             semel
             Convictus
             fuit
             ,
             Respondere
             compelli
             debeat
             .
             
               And
               he
               does
               ask
               judgment
               if
               the
               above
               mentione
            
             Thomas
             Holcroft
             
               shall
               be
               obliged
               to
               answer
               againe
               for
               the
            
             same
             death
             ,
             
               he
               was
               once
               Convicted
               of
               ]
               But
               it
               was
               adjudged
               that
               either
               of
               both
               Conclusions
               was
            
             sufficient
             
               in
               Law
               :
               And
               therefore
               that
               exception
               was
               disallowed
               by
               the
               Rule
               of
               the
               Court.
               
            
          
           
             Note
             ,
             the
             ancient
             Law
             was
             ,
             that
             when
             a
             Man
             had
             judgment
             to
             be
             hanged
             in
             an
             Appeal
             of
             Death
             ,
             that
             
               the
               Wife
               ,
               and
               all
               the
               Blood
               of
               the
               Party
               slain
               should
               draw
               the
               Defendant
               to
               Execution
               ,
            
             and
             Gascoigne
             said
             ,
             
               Issint
               fuit
               in
               diebus
               nostris
            
             ,
             so
             it
             was
             done
             in
             our
             Days
             .
          
           
             And
             thus
             much
             occasionally
             about
             Appeals
             ,
             which
             we
             the
             rather
             inserted
             because
             the
             practice
             thereof
             (
             through
             I
             know
             not
             whose
             negligence
             )
             has
             been
             almost
             lost
             or
             forgot
             ;
             till
             some
             few
             Years
             ago
             a
             Woman
             
             in
             Southwark
             revived
             it
             against
             one
             that
             killed
             her
             Husband
             and
             got
             a
             pardon
             for
             it
             ,
             but
             she
             Prosecuted
             him
             on
             Appeal
             ,
             had
             judgment
             against
             him
             ,
             and
             he
             was
             Executed
             ,
             since
             which
             time
             the
             same
             Course
             has
             been
             frequently
             talkt
             of
             ,
             and
             brought
             ,
             but
             for
             the
             most
             part
             (
             to
             the
             shame
             I
             think
             of
             those
             Women
             or
             Children
             who
             make
             
               such
               Compositions
            
             for
             their
             Husbands
             or
             Fathers
             Blood
             )
             they
             have
             been
             by
             some
             
               secret
               Bargains
            
             or
             Compensations
             husht
             up
             ,
             and
             seldom
             effectually
             followed
             .
          
        
      
       
         
           
             Two
             other
             Statutes
             of
             King
          
           Edw.
           3.
           
        
         
           
             
               Anno
               4.
               
               Edw.
               3.
               cap.
               14.
               
            
             
               A
               Parliament
               shall
               be
               holden
               once
               every
               year
               .
            
             
               ITem
               ,
               
                 It
                 is
                 accorded
                 that
                 a
                 Parliament
                 shall
                 be
                 holden
              
               every
               year
               once
               ,
               
                 and
                 more
                 often
                 ,
                 if
                 need
                 be
                 .
              
            
          
           
             
               Anno
               36.
               
               Edw.
               3.
               cap.
               10.
               
            
             
               A
               Parliament
               shall
               be
               holden
               once
               in
               the
               year
               .
            
             
               ITem
               ,
               
                 for
                 maintenance
                 of
                 the
                 said
                 Articles
                 and
                 Statutes
                 ,
                 and
                 Redress
                 of
                 dibers
              
               MISCHIEFS
               and
               GRIEVANCES
               ,
               
                 which
                 daily
                 happen
                 ,
                 a
                 Parliament
                 shall
                 be
                 holden
                 every
                 year
                 ,
                 as
                 another
                 time
                 was
                 ordained
                 by
                 Statute
                 .
              
            
          
        
         
           
             The
             Comment
             .
          
           
             BEfore
             the
             Conquest
             (
             as
             the
             Victory
             of
             Duke
             William
             of
             Normandy
             over
             Harold
             the
             Usurper
             ,
             is
             commonly
             ,
             though
             very
             improperly
             called
             )
             
             Parliaments
             were
             to
             be
             held
             twice
             every
             year
             ,
             as
             appears
             by
             the
             Laws
             of
             King
             Edgar
             ,
             cap.
             5.
             and
             the
             Testimony
             of
             the
             
               Mirrour
               of
               Justices
            
             ,
             cap.
             1.
             sect
             .
             3.
             
             For
             the
             Estates
             of
             the
             Realm
             .
             King
             Alfred
             caused
             the
             Committees
             (
             some
             English
             Translations
             of
             that
             ancient
             Book
             read
             ,
             Earls
             ,
             but
             the
             word
             seems
             rather
             to
             signifie
             
               Commissioners
               ,
               Trustees
            
             ,
             or
             Representatives
             )
             to
             meet
             ,
             and
             ordained
             for
             a
             PERPETUAL
             USAGE
             ,
             that
             
               twice
               in
               the
               year
               ,
               or
               ostner
               ,
               if
               need
               were
               ,
               in
               time
               of
               Peace
               they
               should
               Assemble
               at
            
             London
             ,
             
               to
               speak
               their
               Minds
               for
               the
               guiding
               of
               the
               People
               of
               God
               ,
               how
               they
               should
               keep
               themselves
               from
               Offences
               ,
               live
               in
               quiet
               and
               have
               right
               done
               them
               by
               certain
               Vsages
               and
               sound
               Judgments
               .
            
             King
             Edward
             the
             first
             (
             says
             
               Cook
               ,
               4.
               
               Instit
               .
               fol.
            
             97.
             )
             kept
             a
             Parliament
             once
             every
             two
             years
             for
             the
             most
             part
             :
             And
             now
             in
             this
             King
             Edward
             the
             Thirds
             time
             (
             one
             of
             the
             
               wisest
               and
               most
               glorious
            
             of
             all
             our
             Kings
             )
             It
             was
             thought
             fit
             to
             Enact
             by
             these
             two
             several
             Statutes
             ,
             That
             a
             Parliament
             should
             be
             held
             once
             at
             least
             every
             year
             ,
             which
             two
             Statutes
             are
             to
             this
             day
             
               in
               full
               Force
            
             :
             For
             they
             are
             
               not
               Repealed
            
             ,
             but
             rather
             Confirmed
             by
             the
             Statute
             made
             in
             the
             16th
             of
             our
             present
             Soveraign
             ,
             King
             Charles
             the
             Second
             ,
             Cap.
             1.
             
             Intituled
             ,
             
               An
               Act
               for
               the
               Assembling
               and
               holding
               of
               Parliaments
               once
               in
               three
               years
               at
               the
               least
               :
            
             The
             words
             of
             which
             are
             as
             follow
             .
          
           
             
               Because
               by
               the
               ancient
               Laws
               and
               Statutes
               of
               this
               Realm
               ,
               made
               in
               the
               Reign
               of
               King
            
             Edward
             
               the
               third
               ,
               Parliaments
               are
               to
               be
               held
               very
               often
               ,
               your
               Majesties
               Humble
               and
               Loyal
               Subjects
               ,
               the
               Lords
               Spiritual
               and
               Temporal
               ,
               and
               the
               Commons
               in
               this
               present
               Parliament
               Assembled
               ,
               most
               Humbly
               do
               beseech
               your
               most
               Excellent
               Majesty
               ,
               that
               it
               may
               be
               declared
               and
               Enacted
               ,
               (
               2
               )
               And
               be
               it
               declared
               and
               Enacted
               by
               the
               Authority
               aforesaid
               ,
               that
               hereafter
               the
               sitting
               and
               holding
               of
               Parliaments
               shall
               not
               be
               intermitted
               or
               discontinued
               above
               Three
               Years
               at
               
               the
               most
               ;
               but
               that
               within
               three
               years
               from
               and
               after
               the
               Determination
               of
               this
               present
               Parliament
               ,
               so
               from
               time
               to
               time
               within
               three
               years
               after
               the
               Determination
               of
               and
               other
               Parliament
               or
               Parliaments
               ,
               or
               if
               there
               be
               occasion
               ,
               more
               or
               oftner
               ,
               Your
               Majesty
               ,
               your
               Heirs
               and
               Successors
               ,
               do
               Issue
               out
               your
               Writs
               for
               calling
               ,
               Assembling
               and
               holding
               of
               another
               Parliament
               ,
               to
               the
               end
               there
               may
               be
               a
               frequent
               calling
               ,
               Assembling
               and
               holding
               of
               Parliaments
               once
               in
               three
               years
               at
               the
               least
               .
            
          
           
             Agreeable
             to
             these
             good
             and
             wholsome
             Laws
             are
             those
             gracious
             Expressions
             and
             Promises
             in
             His
             Majesties
             Proclamation
             touching
             the
             Causes
             and
             Reasons
             of
             Dissolving
             the
             two
             last
             Parliaments
             ,
             Dated
             April
             8.
             1681.
             
             
               Irregularities
               in
               Parliament
               shall
            
             NEVER
             
               make
               us
               out
               of
               love
               with
               Parliaments
               ,
               which
               we
               look
               upon
               as
               the
               best
               Method
               for
               healing
               the
               distempers
               of
               the
               Kingdom
               ,
               and
               the
               only
               means
               to
               preserve
               the
               Monarchy
               in
               that
               due
               Credit
               and
               Respect
               which
               it
               ought
               to
               have
               both
               at
               home
               and
               abroad
               .
               And
               for
               this
               Cause
               we
               are
               resolved
               by
               the
               blessing
               of
               God
               to
               have
               frequent
               Parliaments
               ;
               And
               both
               in
               and
               out
               of
               Parliament
               to
               use
            
             OUR
             UTMOST
             ENDEAVOURS
             TO
             EXTIRPATE
             POPERY
             ,
             
               and
               to
               Redress
               all
               the
               Grievances
               of
               our
               good
               Subjects
               ,
               and
               in
               all
               things
               to
               Govern
               according
               to
               the
               Laws
               of
               the
               Kingdom
               .
            
          
        
      
       
         
           A
           DIGRESSION
           touching
           the
           Antiquity
           ,
           Vse
           ,
           and
           Power
           of
           PARLIAMENTS
           ,
           and
           the
           Qualification
           of
           such
           Gentlemen
           as
           are
           fit
           to
           be
           chosen
           the
           Peoples
           Representatives
           .
        
         
           THe
           Recital
           of
           these
           several
           Laws
           for
           frequent
           calling
           of
           Parliaments
           ,
           declaring
           the
           same
           to
           be
           of
           such
           Importance
           or
           Necessity
           to
           the
           safety
           and
           wel-being
           
           of
           the
           Nation
           ,
           Invites
           us
           to
           give
           the
           vulgar
           Reader
           some
           further
           Information
           touching
           those
           most
           Honourable
           Assemblies
           ,
           which
           though
           a
           digression
           will
           I
           hope
           be
           no
           Transgression
           ,
           for
           I
           am
           willing
           at
           any
           time
           to
           go
           a
           little
           out
           of
           my
           way
           ,
           provided
           I
           may
           thereby
           meet
           with
           the
           Readers
           profit
           and
           Advantage
           .
        
         
           
             Of
             the
             Names
             and
             Antiquity
             of
             Parliaments
             .
          
           
             THe
             word
             PARLIAMENT
             is
             French
             ,
             derived
             from
             the
             three
             words
             
               Parler
               la
               ment
            
             ,
             to
             speak
             ones
             mind
             ,
             because
             every
             Member
             of
             that
             Court
             should
             sincerely
             and
             discreetly
             speak
             his
             mind
             for
             the
             general
             good
             of
             the
             Common-Wealth
             ,
             and
             this
             name
             (
             saith
             
               Cook.
               1
               Instit
            
             .
             fo
             .
             110.
             )
             was
             used
             before
             William
             the
             Conquerer
             ,
             even
             in
             the
             time
             of
             Edward
             the
             Confessor
             .
             But
             most
             commonly
             in
             the
             Saxons
             time
             ,
             it
             was
             called
             Michegemote
             or
             
               Witenage
               Mote
            
             ,
             that
             is
             ,
             the
             
               Great
               Mote
               [
               Meeting
            
             or
             Assembly
             ,
             whence
             our
             Ward-Mootes
             in
             London
             receive
             their
             name
             to
             this
             day
             ]
             or
             the
             Wise-Moote
             ,
             that
             is
             ,
             the
             Assembly
             of
             the
             wise
             men
             and
             Sages
             of
             the
             Land.
             
          
           
             But
             this
             word
             Parliament
             is
             used
             in
             a
             double
             sense
             .
          
           
             1.
             
             Strictly
             ,
             as
             it
             includes
             the
             Legislative
             Power
             of
             England
             ,
             as
             when
             we
             say
             —
             
               An
               Act
               of
               Parliament
            
             ;
             and
             in
             this
             Acceptation
             ,
             it
             necessarily
             includes
             the
             King
             ,
             the
             Lords
             ,
             and
             the
             Commons
             ,
             each
             of
             which
             have
             a
             
               Negative
               Voice
            
             in
             making
             Laws
             ,
             and
             without
             their
             
               joint
               Consent
            
             no
             new
             Laws
             can
             pass
             ,
             that
             be
             obligatory
             to
             the
             Subject
             .
          
           
             2.
             
             Vulgarly
             ,
             the
             word
             is
             used
             for
             the
             
               Two
               Houses
            
             ,
             the
             Lords
             and
             Commons
             ,
             as
             when
             we
             say
             ,
             the
             King
             will
             
               call
               a
               Parliament
            
             ,
             his
             Majesty
             has
             
               Dissolved
               his
               Parliament
            
             ,
             &c.
             
          
           
             The
             Lords
             of
             Parliament
             are
             divided
             into
             two
             sorts
             ,
             
               viz.
               Spiritual
            
             ,
             that
             is
             to
             say
             the
             Bishops
             (
             who
             sit
             there
             in
             respect
             of
             their
             Baronies
             )
             parcel
             of
             their
             
             Bishopricks
             which
             they
             hold
             in
             their
             Politick
             Capacity
             ,
             and
             Temporal
             .
          
           
             The
             Commons
             are
             likewise
             divided
             into
             three
             Classes
             or
             parts
             ,
             
               viz
               ,
               Knights
               or
               Representatives
               of
               the
               Shires
            
             or
             Counties
             ;
             where
             note
             ,
             that
             though
             the
             Writ
             require
             two
             Knights
             to
             be
             chosen
             ,
             and
             that
             they
             are
             called
             Knights
             ,
             yet
             there
             is
             no
             necessity
             that
             they
             should
             actually
             have
             the
             degree
             of
             Knighthood
             ,
             provided
             they
             be
             but
             Gentlemen
             ;
             for
             the
             Statute
             23
             
               Hen.
               6.
               cap
            
             :
             15
             :
             hath
             these
             words
             ,
             
               That
               the
               Knights
               of
               the
               Shires
               for
               the
               Parliament
               hereafter
               to
               be
               Chosen
               ,
               shall
               be
               not
               able
               Knights
               of
               the
               same
               Counties
               for
               which
               they
               shall
               be
               chosen
               ,
            
             OR
             OTHERWISE
             
               such
               Notable
               Esquires
               or
               Gentlemen
               born
               of
               the
               same
               Counties
               ,
               as
               shall
               be
               able
               to
               be
               Knights
               ,
               and
               no
               man
               to
               be
               such
               Knight
               which
               standeth
               in
               the
               degree
               of
               a
               Yeoman
               and
               under
               .
            
          
           
             Secondly
             ,
             Citizens
             chosen
             to
             Represent
             Cities
             .
          
           
             Thirdly
             ,
             Burgesses
             ,
             that
             is
             to
             say
             ,
             those
             that
             are
             chosen
             out
             of
             Boroughs
             .
          
           
             Note
             ,
             that
             the
             difference
             between
             a
             City
             and
             a
             Borough
             is
             this
             ,
             a
             City
             is
             a
             Borough
             Incorporate
             ,
             which
             is
             or
             has
             within
             time
             of
             Memory
             been
             an
             
               Episcopal
               See
            
             ,
             or
             had
             a
             Bishop
             ;
             and
             this
             (
             althô
             the
             Bishoprick
             be
             Dissolved
             ,
             as
             
               West
               minster
            
             having
             heretofore
             a
             Bishop
             ,
             though
             none
             now
             )
             still
             remains
             a
             City
             .
             
               Cook
               1.
               
               Instit
            
             .
             Sect
             164.
             
             Boroughs
             are
             Towns
             Incorporated
             ,
             but
             such
             as
             never
             had
             any
             Bishops
             .
          
        
         
           
             
               Of
               the
            
             Three
             Estates
             in
             Parliament
             .
          
           
             THere
             has
             been
             a
             great
             debate
             about
             
               the
               Three
               Estates
            
             ,
             some
             zealously
             pleading
             ,
             That
             the
             Bishops
             are
             one
             of
             the
             three
             Estates
             of
             the
             Realm
             ,
             and
             the
             Lords
             Temporal
             a
             Second
             ,
             and
             the
             Commons-house
             the
             Third
             ,
             and
             the
             King
             over
             all
             as
             a
             Transcendent
             by
             himself
             .
             Others
             as
             stifly
             deny
             this
             ,
             and
             assign
             
             
               the
               King
            
             (
             as
             he
             his
             the
             Head
             of
             the
             Common
             Wealth
             )
             to
             be
             the
             
               first
               Estate
               ,
               the
               Lords
            
             ,
             as
             well
             Spiritual
             as
             Temporal
             jointly
             ,
             to
             be
             the
             Second
             ;
             and
             the
             Commons-House
             the
             Third
             .
             
               
                 Non
                 opis
                 est
                 nostrae
                 tant
                 as
                 Componere
                 Lites
                 .
              
            
          
           
             We
             shall
             not
             presume
             to
             undertake
             a
             decision
             of
             this
             arduous
             Controversy
             ,
             but
             in
             our
             poor
             opinion
             the
             matter
             seems
             to
             appear
             more
             difficult
             than
             really
             it
             is
             ,
             by
             means
             that
             the
             contending
             Parties
             do
             not
             first
             plainly
             set
             down
             what
             it
             is
             they
             severally
             mean
             by
             the
             word
             Estate
             .
             Which
             may
             be
             taken
             ,
             1.
             
             For
             a
             
               rank
               ,
               degree
            
             ,
             or
             Condition
             of
             Persons
             considered
             by
             themselves
             ,
             different
             in
             some
             notable
             Respects
             from
             others
             wherewith
             they
             may
             be
             compared
             .
             And
             in
             this
             respect
             
               my
               Lords
               the
               Bishops
            
             may
             very
             properly
             be
             said
             to
             be
             an
             Estate
             ,
             or
             one
             of
             the
             Estates
             of
             the
             Realm
             ,
             for
             then
             there
             will
             be
             several
             Estates
             ,
             above
             the
             number
             of
             three
             ,
             for
             so
             in
             the
             House
             of
             Commons
             there
             may
             be
             said
             to
             be
             three
             Estates
             ,
             
               viz.
               Knights
               ,
               Citizens
            
             and
             Burgesses
             .
             And
             heretofore
             in
             the
             days
             of
             Popery
             ,
             when
             there
             were
             26
             Abbots
             and
             Priors
             ,
             that
             held
             
               per
               Baroniam
            
             too
             ,
             as
             well
             as
             the
             Bishops
             ,
             called
             to
             the
             Parliament
             ,
             and
             sat
             in
             the
             Lords
             House
             ,
             [
             see
             Fullers
             Church
             History
             ,
             Lib.
             6.
             292.
             ]
             Whether
             they
             being
             Religious
             and
             Monastical
             Persons
             ,
             whereas
             the
             Bishops
             were
             Seculars
             (
             no
             small
             difference
             in
             their
             account
             )
             might
             not
             as
             well
             claim
             to
             be
             a
             
               distinct
               Estate
            
             by
             themselves
             ,
             as
             now
             the
             Bishops
             do
             ,
             may
             be
             a
             question
             .
          
           
             But
             secondly
             ,
             When
             we
             spake
             of
             three
             Estates
             in
             the
             Constitution
             of
             our
             English
             Government
             ,
             't
             is
             most
             natural
             to
             mean
             and
             intend
             
               such
               a
               poize
               in
               the
               Ballance
               ,
            
             or
             such
             an
             Order
             or
             State
             ,
             as
             hath
             a
             
               Negative
               Voice
            
             in
             the
             Legislative
             Power
             :
             For
             as
             the
             King
             and
             Commons
             excluding
             the
             Lords
             ,
             so
             neither
             the
             King
             and
             Lords
             excluding
             the
             Commons
             ;
             much
             less
             the
             Lords
             and
             Commons
             excluding
             the
             King
             ,
             can
             make
             any
             Law
             ;
             but
             this
             glorious
             Triplicity
             must
             be
             
             in
             mutual
             Conjunction
             ,
             and
             then
             from
             their
             united
             Influences
             spring
             our
             happy
             Laws
             .
             But
             in
             this
             sence
             the
             Lords
             Spiritual
             by
             themselves
             have
             no
             pretence
             to
             be
             a
             
               distinct
               Estate
            
             :
             That
             is
             ,
             they
             have
             by
             themselves
             no
             
               Negative
               Voice
            
             ,
             (
             which
             I
             conceive
             the
             proper
             Characteristick
             or
             
               essential
               Mark
            
             of
             each
             of
             the
             three
             
               Estates
               ;
            
             )
             For
             suppose
             a
             Bill
             pass
             the
             Commons
             ,
             and
             being
             brought
             into
             the
             Lords
             House
             ,
             all
             the
             26
             Bishops
             should
             be
             against
             it
             ,
             and
             some
             of
             the
             
               Temporal
               Lords
            
             ,
             yet
             if
             the
             other
             Temporal
             Lords
             be
             more
             in
             number
             than
             the
             Bishops
             ,
             and
             those
             that
             side
             with
             them
             ,
             the
             Bill
             shall
             pass
             as
             the
             Act
             of
             the
             
               whole
               house
            
             ;
             and
             if
             his
             Majesty
             please
             to
             give
             it
             his
             
               Royal
               Assent
            
             ,
             is
             undoubted
             Law.
             Which
             demonstrates
             the
             Bishops
             have
             of
             themselves
             
               no
               Negative
            
             Voice
             ,
             and
             consequently
             are
             none
             of
             the
             three
             Estates
             of
             the
             Realm
             .
             But
             if
             any
             will
             have
             them
             called
             
               an
               Estate
            
             and
             mean
             something
             else
             be
             it
             ,
             if
             he
             please
             to
             explain
             his
             Notion
             ,
             't
             is
             like
             I
             shall
             not
             contend
             with
             him
             about
             a
             fiddle
             faddle
             word
             .
          
        
         
           
             Touching
             the
             Power
             of
             the
             Parliament
          
           
             THe
             Jurisdiction
             of
             this
             Court
             (
             saith
             
               Cook
               ,
               1
               Instit
               .
               Sect.
            
             164.
             )
             is
             so
             Transcendent
             that
             it
             maketh
             ,
             Inlargeth
             ,
             Diminisheth
             ,
             Abrogateth
             ,
             Repealeth
             ,
             and
             reviveth
             Laws
             ,
             Statutes
             ,
             Acts
             and
             Ordinances
             concerning
             matters
             Ecclesiastical
             ,
             Civil
             ,
             Martial
             ,
             Marine
             ,
             Capital
             ,
             Criminal
             and
             common
             .
             And
             4
             
               Instit
               .
               Fol.
            
             36.
             
             The
             Power
             and
             Jurisdiction
             of
             the
             Parliament
             for
             making
             of
             Laws
             ,
             in
             proceeding
             by
             Bill
             ,
             is
             so
             transcendent
             and
             absolute
             as
             it
             cannot
             be
             confined
             either
             for
             Causes
             or
             Persons
             within
             any
             bounds
             .
             Of
             this
             Court
             it
             is
             truely
             said
             —
             
               Si
               Antiquitatem
               spectes
               est
               vetustissima
               ,
               si
               Dignitatem
               ,
               est
               Honoratissima
               ,
               si
               Jurisdictionem
               ,
               est
               capacissima
            
             ;
             if
             you
             regard
             its
             Original
             ,
             it
             is
             most
             Antient
             ;
             if
             its
             Dignity
             ,
             it
             is
             most
             Honourable
             ;
             if
             its
             Jurisdiction
             ,
             it
             is
             most
             Capacious
             .
          
           
           
             Sir
             
               Thomas
               Smith
            
             a
             great
             Statesman
             ,
             and
             in
             high
             esteem
             and
             place
             under
             Queen
             Elizabeth
             ,
             in
             his
             Treatise
             ,
             
               de
               Republica
               Anglorum
               ,
               L.
               2.
               
               Ca.
            
             2.
             gives
             this
             Character
             of
             this
             supream
             Court
             —
             
               In
               Commitiis
               Parliamentariis
               ,
               posita
               est
               omnis
               Augustae
               ,
               absolutaeque
               potestatis
               vis
               ,
               veteres
               leges
               jubent
               esse
               irritas
               ,
               novas
               inducunt
               ;
               Presentibus
               juxta
               ac
               futuris
               modum
               constituunt
               ;
               Jura
               &
               possessiones
               hominum
               privatorum
               commutant
               ,
               Spurios
               natalibus
               restituunt
               ,
               cultum
               divinum
               sanctionibus
               corroborant
               ;
               Pondera
               &
               mensuras
               variant
               ;
               JUS
               IN
               REGNO
               SVCCEDENDI
               PRESCRIBVNT
               ,
            
             &c.
             
             
               The
               most
               high
               and
               absolute
               power
               of
               the
               Realm
               of
            
             England
             ,
             
               consisteth
               in
               the
               Parliament
               ;
               for
               the
               Parliament
               abrogateth
               old
               Laws
               ,
               maketh
               new
               ,
               giveth
               order
               for
               things
               past
               ,
               and
               for
               things
               hereafter
               to
               be
               followed
               ,
               changeth
               the
               rights
               and
               possessions
               of
               private
               men
               ;
               Legitimateth
               Bastards
               ,
               Corroborates
               Religion
               with
               Civil
               Sanctions
               ,
               Alters
               weights
               and
               Measures
               ;
               PRESCRIBES
               THE
               RIGHT
               OF
               SVCCESSION
               TO
               THE
               CROWN
               ,
               defines
               doubtfull
               Rights
               where
               there
               is
               no
               Law
               already
               made
               ,
               Appointeth
               Subsidies
               ,
               Taxes
               and
               Impositions
               ,
               giveth
               most
               Free
               pardons
               ,
               restoreth
               in
               Blood
               and
               Name
               ,
            
             &c.
             
          
           
             As
             for
             the
             power
             of
             Parliaments
             over
             both
             Statute
             and
             Common
             Law
             ,
             take
             it
             in
             the
             Accurate
             and
             Significant
             words
             of
             a
             Parliament
             ,
             viz.
             the
             Statute
             ,
             of
             25
             
               Hen.
               8.
               
               Ca.
            
             21
             ,
             as
             follows
             ,
             —
             
               Whereas
               this
               Realm
               Recognizing
               no
               superiour
               under
               God
               ,
               but
               the
               King
               ,
               hath
               been
               and
               is
               free
               from
               Subjection
               to
               any
               mans
               Laws
               but
               only
               to
               such
               as
               have
               been
               devised
               ,
               made
               ,
               and
               ordained
               within
               this
               Realm
               ,
               for
               the
               wealth
               thereof
               ,
               or
               to
               such
               other
               as
               the
               people
               of
               this
               Realm
               have
               taken
               at
               their
               free
               Liberty
               by
               their
               own
               consent
               to
               be
               used
               amongst
               them
               ,
               and
               have
               bound
               themselves
               by
               long
               use
               and
               Custome
               to
               the
               observance
               of
               the
               same
               ;
               not
               to
               the
               observance
               of
               the
               Laws
               of
               any
               Forreign
               Prince
               ,
               Potentate
               or
               Prelate
               ,
               but
               as
               —
               to
               the
               accustomed
               and
               
               Ancient
               Laws
               of
               this
               Realm
               ,
               originally
               established
               as
               Laws
               of
               the
               same
               by
               the
               said
               Sufferance
               ,
               Consents
               and
               Custom
               ,
               and
               none
               otherwise
               .
               It
               standeth
               therefore
               with
               natural
               Equity
               and
               good
               Reason
               ,
               that
               all
               and
               every
               such
               Laws
               Humane
               made
               within
               this
               Realm
               or
               induced
               into
               this
               Realm
               ,
               by
               the
               said
               Sufferance
               Consents
               and
               Custom
               ,
               the
               King
               and
               the
               Lords
               Spiritual
               and
               Temporal
               and
               Commons
               Representing
               the
               whole
            
             State
             
               of
               the
               Realm
               ,
               in
               the
               most
               High
               Court
               of
               Parliament
               ,
               have
               full
               Power
               and
               Authority
               to
               dispouse
               with
               those
               and
               all
               other
               Humane
               Laws
               of
               the
               Realm
               ,
               and
               with
               every
               one
               of
               them
               ,
               as
               the
               quality
               of
               the
               Persons
               and
               matter
               shall
               require
               .
               And
               also
               the
               said
               Laws
               and
               every
               of
               them
               to
               abrogate
               ,
               annull
               ,
               amplify
               or
               diminish
               ,
               as
               to
               the
               King
               ,
               Nobles
               ,
               and
               Commons
               of
               the
               Realm
               ,
               present
               in
               Parliament
               ,
               shall
               seem
               most
               meet
               and
               convenient
               for
               the
               Wealth
               of
               the
               Realm
               .
            
          
           
             Thus
             far
             that
             notable
             Statute
             ,
             which
             in
             truth
             is
             only
             Declarative
             and
             in
             Affirmance
             of
             the
             Ancient
             Common
             Law
             of
             England
             .
          
        
         
           
             The
             particular
             Business
             of
             Parliaments
             .
          
           
             BY
             what
             hath
             been
             said
             ,
             you
             may
             perceive
             the
             work
             of
             an
             English
             Parliament
             is
             not
             (
             as
             some
             would
             have
             it
             ,
             )
             only
             to
             be
             Keys
             to
             unlock
             the
             peoples
             Purses
             .
             That
             is
             but
             one
             part
             ,
             and
             perhaps
             one
             of
             the
             least
             parts
             too
             ,
             of
             their
             Office.
             They
             are
             to
             propose
             
               new
               Laws
            
             that
             are
             wanting
             for
             general
             good
             ,
             and
             to
             press
             the
             Abrogation
             of
             Laws
             in
             being
             ,
             when
             the
             Execution
             of
             them
             is
             found
             prejudicial
             or
             dangerous
             to
             the
             publick
             .
             They
             are
             to
             provide
             for
             Religion
             ,
             and
             the
             Safety
             and
             Honour
             of
             the
             Nation
             ,
             they
             have
             a
             power
             (
             as
             you
             have
             heard
             from
             Sir
             
               Thomas
               Smith
               ,
            
             )
             to
             order
             the
             Right
             
               to
               the
               Crown
            
             (
             understand
             all
             this
             with
             the
             Kings
             consent
             )
             and
             they
             
             have
             very
             frequently
             undertaken
             and
             actually
             Limited
             the
             same
             ,
             contrary
             to
             and
             different
             from
             
               the
               Common
               Line
               of
               Succession
            
             .
             Nay
             by
             the
             Statute
             of
             the
             13
             
               Eliz.
               Cap
            
             ,
             13.
             
             It
             is
             expresly
             Enacted
             ,
             
               That
               if
               any
               Person
               shall
               in
               any
               wise
               hold
               and
               affirm
               or
               maintain
               ,
               that
               the
               Queen
               with
               and
               by
               the
               Parliament
               of
            
             England
             
               is
               not
               able
               to
               make
               Laws
               and
               Statutes
               of
               sufficient
               force
               and
               validity
               to
               Limit
               and
               bind
               the
               Crown
               of
               this
               Realm
               ,
               and
               the
               Descent
               ,
               Limitation
               Inheritance
               and
               Government
               thereof
               ,
               or
               that
               this
               present
               Statute
               ,
               or
               any
               part
               thereof
               ,
               or
               any
            
             other
             Statute
             to
             be
             made
             
               by
               the
               Authority
               of
               the
               Parliament
               of
            
             England
             ,
             
               with
               the
               Royal
               Assent
               for
               Limiting
               the
               Crown
               ,
               is
               not
               ,
               are
               not
               ,
               or
               shall
               not
               ,
               or
               ought
               not
               to
               be
               for
               ever
               of
               good
               and
               sufficient
               Force
               and
               validity
               to
               bind
               ,
               limit
               ,
               restrain
               and
               Govern
               all
               Persons
               ,
               their
               Rights
               and
               Titles
               ,
               that
               in
               any
               wise
               may
               or
               might
               claim
               any
               Interest
               or
               Possibility
               in
               or
               to
               the
               Crown
               of
            
             England
             ,
             
               in
               Possession
               Remainder
               ,
               Inheritance
               ,
               Succession
               or
               otherwise
               howsoever
               ,
               and
               all
               other
               Persons
               whatsoever
               ,
               every
               Person
               so
               holding
               affirming
               or
               maintaining
               during
               the
               Life
               of
               the
               Queen
               shall
               be
               adjudged
               an
               high
               Traitor
               ,
               and
               suffer
               and
               forfeit
               as
               in
               Casts
               of
               High
               Treason
               is
               accustomed
               ,
               and
               every
               Person
               so
               holding
               affirming
               or
               maintaining
               after
               the
               d●c●ase
               of
               our
               said
               Sovereign
               Lady
               shall
               forfeit
               all
               〈◊〉
               Good
               and
               Chattels
               .
            
          
           
             Which
             Clause
             and
             last
             mentioned
             Penalty
             is
             to
             this
             Day
             in
             force
             ,
             and
             ought
             to
             be
             considered
             by
             any
             who
             shall
             now
             pretend
             that
             an
             Act
             of
             Parliament
             cannot
             dispose
             of
             the
             Succession
             .
          
           
             As
             for
             the
             Right
             of
             making
             War
             and
             Peace
             the
             same
             is
             gramted
             to
             be
             part
             of
             the
             High
             Prerogatives
             of
             our
             Kings
             ,
             yet
             the
             wisest
             of
             our
             Monarchs
             have
             very
             rarely
             entred
             into
             any
             War
             without
             the
             〈◊〉
             〈◊〉
             Parliaments
             ;
             for
             1.
             
             Who
             could
             give
             them
             
             better
             Counsel
             in
             such
             a
             difficult
             Affair
             ?
             2.
             
             The
             People
             would
             more
             readily
             expose
             their
             Persons
             in
             such
             a
             War
             ,
             the
             Justice
             and
             Expediency
             whereof
             was
             approved
             by
             their
             Representatives
             .
             3.
             
             The
             King
             from
             thence
             might
             more
             certainly
             promise
             himself
             supplies
             of
             Money
             to
             carry
             on
             the
             same
             .
          
           
             But
             nothing
             is
             more
             properly
             the
             work
             of
             a
             Parliament
             than
             to
             redress
             Grievances
             .
             To
             take
             notice
             of
             Monopolies
             and
             oppressions
             ,
             to
             Curb
             the
             Exorbitances
             of
             pernicious
             Favourites
             ,
             and
             
               ill
               Ministers
               of
               State.
            
             To
             punish
             such
             
               mighty
               Delinquents
            
             as
             look
             upon
             themselves
             too
             big
             for
             the
             ordinary
             reach
             of
             Justice
             ,
             to
             inspect
             the
             Conduct
             of
             such
             as
             are
             intrusted
             with
             Administration
             of
             the
             Laws
             ,
             or
             disposal
             of
             the
             publick
             Treasure
             of
             the
             Nation
             :
             All
             Crimes
             of
             these
             and
             the
             like
             kinds
             are
             
               publick
               Nusances
            
             ,
             common
             mischiefs
             ,
             and
             wound
             the
             
               whole
               Body
            
             politick
             in
             a
             vital
             part
             ,
             and
             can
             scarce
             at
             all
             be
             sound
             out
             or
             Redressed
             (
             by
             reason
             of
             the
             power
             and
             Influence
             of
             the
             Offenders
             )
             but
             in
             this
             
               great
               and
               awful
               Senate
            
             ,
             before
             whom
             the
             haughtiest
             Criminals
             tremble
             ;
             and
             it
             has
             been
             observed
             that
             they
             scarce
             ever
             Prosecuted
             any
             (
             though
             never
             so
             great
             ,
             or
             highly
             in
             favour
             at
             Court
             )
             but
             sooner
             or
             later
             they
             hit
             him
             ,
             and
             it
             proved
             his
             Ruine
             .
             Take
             a
             few
             examples
             .
             King
             Edw.
             the
             second
             dotes
             upon
             
               Pierce
               Gaveston
            
             (
             a
             French
             Gentleman
             ,
             he
             wastes
             the
             Kings
             Treasures
             ,
             has
             undeserv'd
             Honours
             conserred
             on
             him
             ,
             affronts
             the
             antient
             Nobility
             .
             The
             Parliament
             in
             the
             beinning
             of
             the
             Kings
             Reign
             Complains
             of
             him
             ,
             he
             is
             banisht
             into
             Ireland
             :
             The
             King
             afterwards
             calls
             him
             home
             ,
             and
             marries
             him
             to
             the
             Earl
             of
             Glocesters
             Sister
             ,
             the
             Lords
             complain
             again
             so
             effectually
             ,
             that
             the
             King
             not
             only
             consents
             to
             his
             
               second
               Banishment
            
             ,
             but
             that
             if
             ever
             he
             returned
             or
             were
             found
             in
             the
             Kingdom
             ,
             he
             should
             be
             h●ld
             and
             proceeded
             against
             as
             an
             Enemy
             
             to
             the
             State.
             Yet
             back
             he
             comes
             ,
             and
             is
             received
             once
             more
             by
             the
             King
             as
             
               an
               Angel
            
             ,
             who
             carries
             him
             with
             him
             into
             the
             North
             ,
             and
             hearing
             the
             Lords
             were
             in
             Arms
             to
             bring
             the
             said
             Gaveston
             to
             Justice
             ,
             plants
             him
             for
             safety
             in
             Scarborough
             Castle
             ,
             which
             being
             taken
             ,
             his
             Head
             was
             
               Chopt
               off
            
             .
          
           
             In
             King
             Richard
             the
             Seconds
             time
             ,
             most
             of
             the
             Judges
             of
             England
             to
             gratifie
             certain
             
               corrupt
               and
               pernicious
               Favourites
            
             about
             the
             King
             ,
             being
             sent
             for
             to
             Nottingham
             ,
             were
             by
             Perswasions
             and
             Menaces
             prevailed
             with
             to
             give
             false
             and
             Illegal
             Resolutions
             to
             certain
             questions
             proposed
             to
             them
             ,
             declaring
             certain
             matters
             to
             be
             Treason
             which
             in
             truth
             were
             not
             so
             :
             For
             which
             in
             the
             next
             Parliament
             they
             were
             called
             to
             Account
             ,
             and
             Attainted
             ;
             and
             Sir
             
               Robert
               Tresilian
            
             Lord
             Chief
             Justice
             of
             England
             ,
             was
             drawn
             from
             the
             Tower
             through
             London
             to
             Tyburn
             ,
             and
             there
             Hanged
             :
             As
             likewise
             was
             Blake
             one
             of
             the
             Kings
             Council
             ,
             and
             Vske
             the
             Under-Sheriff
             of
             Middlesex
             ,
             who
             was
             to
             pack
             a
             Jury
             to
             serve
             the
             present
             Turn
             ,
             against
             certain
             
               Innocent
               Lords
            
             and
             others
             ,
             whom
             they
             intended
             to
             have
             had
             taken
             off
             ;
             and
             five
             more
             of
             the
             Judges
             were
             Banisht
             ,
             and
             their
             Lands
             and
             Goods
             forfeited
             .
             And
             the
             Archibishop
             of
             York
             ,
             the
             Duke
             of
             Ireland
             and
             the
             Earl
             of
             Suffolk
             ,
             three
             of
             the
             Kings
             
               Evil
               Councellors
            
             ,
             were
             forced
             to
             fly
             ,
             and
             died
             miserable
             Fugitives
             in
             Forreign
             Parts
             .
          
           
             In
             the
             beginning
             of
             King
             H.
             the
             8ths
             Reign
             ,
             Sir
             
               Richard
               Empson
            
             Knight
             ,
             
               Edmond
               Dudley
            
             one
             of
             the
             Barons
             of
             the
             Exchequer
             ,
             having
             by
             colour
             of
             an
             Act
             of
             Parliament
             to
             try
             People
             for
             several
             Offences
             
               without
               Juries
            
             ,
             committed
             great
             oppressions
             ,
             were
             proceeded
             against
             in
             Parliament
             and
             lost
             their
             Heads
             .
          
           
             In
             the
             19
             Year
             of
             the
             Reign
             of
             King
             James
             at
             a
             Parliament
             holden
             at
             Westminister
             there
             were
             shewn
             (
             saith
             
               Bakers
               Chron.
               Fo.
               418.
               )
               two
               great
               Examples
               of
               Justice
            
             ;
             which
             for
             future
             Terrour
             ,
             are
             not
             unfit
             
             to
             be
             here
             related
             ;
             one
             upon
             Sir
             
               Giles
               Mompesson
            
             ,
             a
             Gentleman
             otherwise
             of
             Good
             parts
             ;
             but
             for
             practising
             sundry
             abuses
             in
             erecting
             and
             seting
             up
             
               new
               Inns
            
             and
             Ale-houses
             and
             
               exasting
               great
               Summes
               of
               Money
            
             of
             people
             ,
             by
             pretence
             of
             Letters
             Patents
             granted
             to
             him
             for
             that
             purpose
             ,
             was
             sentenced
             to
             be
             degraded
             from
             his
             Knighthood
             ,
             and
             disabled
             to
             Bear
             any
             Office
             in
             the
             Common-Wealth
             ,
             though
             he
             avoided
             the
             Execution
             by
             Flying
             the
             Land
             ;
             But
             upon
             Sir
             
               Francis
               Mitchel
            
             ,
             a
             Justice
             of
             Peace
             of
             Middlesex
             ,
             and
             one
             of
             the
             Chief
             Agents
             ,
             the
             sentence
             of
             Degradation
             was
             Executed
             ,
             and
             he
             made
             to
             ride
             
               with
               his
               face
               to
               the
               Horse
               tail
            
             through
             the
             City
             of
             London
             .
             The
             other
             Example
             was
             of
             Sir
             
               Francis
               Bacon
               ,
               Viscount
            
             St.
             Albans
             ,
             Lord
             Chancellour
             of
             England
             ,
             who
             for
             Bribery
             was
             put
             from
             his
             place
             ,
             and
             Committed
             to
             the
             Tower.
             
          
           
             In
             King
             Charles
             the
             firsts
             time
             ,
             most
             of
             the
             Judges
             that
             had
             given
             their
             opinions
             contrary
             to
             Law
             in
             the
             Case
             of
             Ship-Money
             ,
             were
             call'd
             to
             Account
             ,
             and
             forced
             to
             Fly
             for
             the
             same
             :
             And
             in
             the
             19th
             year
             of
             our
             present
             Sovereign
             ,
             the
             Earl
             of
             Clarendon
             ,
             Lord
             Chancellour
             of
             England
             ,
             being
             questioned
             in
             Parliament
             and
             retiring
             thereupon
             beyond
             the
             Seas
             ,
             was
             by
             a
             special
             Act
             Banished
             and
             Disabled
             .
             In
             a
             word
             it
             was
             well
             and
             wisely
             said
             of
             that
             excellent
             Statesman
             ,
             Sir
             
               William
               Cecil
            
             Lord
             Burleigh
             ,
             and
             High
             Treasurer
             of
             
               England
               ,
               That
               he
               knew
               not
               what
               an
               Act
               of
               Parliament
               might
               not
               doe
            
             ;
             which
             Apothegm
             was
             approved
             by
             King
             James
             ,
             and
             alleadged
             (
             as
             I
             remember
             )
             in
             one
             of
             his
             published
             Speeches
             .
          
           
             And
             as
             the
             Jurisdiction
             of
             this
             Court
             is
             so
             transcendent
             ,
             so
             the
             Rules
             and
             Methods
             of
             Proceedings
             there
             ,
             are
             different
             from
             those
             of
             other
             Courts
             .
             For
             (
             saith
             
               Cook
               4.
               
               Instit
            
             .
             fo
             .
             15.
             )
             
               As
               every
               Court
               of
               Justice
               hath
               Laws
               and
               Customs
               for
               its
               Direction
               ,
               some
               by
               the
               Common
               Law
               ,
               some
               by
               the
               Civil
               and
               Canon
               Law
               ,
               some
               by
               Peculiar
               Laws
               and
               customes
               ,
            
             &c.
             
             
               So
               the
               High
               
               Court
               of
               Parliament
            
             suis
             propriis
             Legibus
             &
             Consuetudinibus
             Subsistit
             ,
             Subsists
             by
             it's
             own
             Peculiar
             Laws
             and
             Customs
             .
             
               It
               is
            
             ,
             Lex
             &
             Consuetudo
             Parliamenti
             ,
             the
             Law
             and
             Custom
             of
             Parliament
             ,
             
               that
               all
               weighty
               matters
               in
               any
               Parliament
               moved
               concerning
               the
               Peers
               ,
               or
               Commons
               in
               Parliament
               assembled
               ,
               ought
               to
               be
               determined
               ,
               adjudged
               and
               discussed
               by
               the
            
             Course
             of
             the
             Parliament
             ,
             
               and
               not
               by
               the
               Civil
               Law
               ,
               not
               yet
               by
               the
            
             Common
             Laws
             
               of
               this
               Realm
               used
               in
               more
               Inseriour
               Courts
               .
               Which
               was
               so
               declared
               to
               be
            
             Secundum
             Legem
             &
             Consuetudinem
             Parliaments
             ,
             according
             to
             the
             Law
             and
             Custom
             of
             Parliament
             ,
             
               concerning
               the
               Peers
               of
               the
               Realm
               ,
               by
               the
               King
               ,
               and
               all
               the
               Lords
               Spiritual
               and
               Temporal
               ,
               and
               the
               like
            
             pari
             ratione
             
               (
               for
               the
               same
               reason
               )
               is
            
             for
             the
             Commons
             ,
             
               for
               any
               thing
               moved
               or
               done
               in
               the
               House
               of
               Commons
               :
               and
               the
               rather
               ,
               for
               that
               by
               another
               Law
               and
               Custom
               of
               Parliament
               ,
            
             the
             King
             cannot
             take
             notice
             of
             any
             thing
             said
             or
             done
             in
             the
             House
             of
             Commons
             ,
             but
             by
             the
             Report
             of
             the
             House
             of
             Commons
             ;
             
               and
               every
               Member
               of
               the
               Parliament
               hath
               a
            
             Judicial
             place
             .
             
               and
               can
               be
               no
               Witn●●●
               .
               And
               this
               is
               the
               Reason
               that
            
             Judges
             ought
             not
             
               to
               give
               any
               opinion
               of
               a
               Matter
               of
               Parliament
               ,
               because
               it
               is
               not
               to
               be
               decided
               by
               the
               Common
               Laws
               ,
               but
            
             Secundum
             Legem
             &
             Consuetudinem
             Parliamenti
             ,
             according
             to
             the
             law
             and
             Custom
             of
             Parliament
             :
             
               And
               so
               the
               Judges
               in
               diverse
               Parliaments
               have
               confessed
               .
               And
               some
               hold
               ,
               that
               every
               offence
               Committed
               in
               any
               Court
               panishible
               by
               that
               Court
               ,
               must
               be
               punished
               (
               proceeding
               Criminally
               )
               in
               the
               same
               Court
               ,
               or
               in
               some
               higher
               ,
               and
               not
               any
               Inferiour
               Court
               ,
               and
               the
               Court
               of
               Parliament
               hath
               no
               higher
               .
            
             —
             Thus
             Cook.
             
          
           
             Great
             complaints
             have
             been
             made
             about
             a
             
               late
               House
            
             of
             Commons
             sending
             for
             some
             Persons
             into
             Custody
             by
             their
             Serjeant
             at
             Arms
             ;
             but
             certainly
             they
             did
             no
             more
             therein
             ,
             then
             what
             their
             Predecessiors
             have
             often
             done
             ;
             every
             Court
             must
             be
             supposed
             Armed
             with
             a
             power
             to
             desend
             ,
             it self
             from
             
               Affronts
               and
               Insolencies
            
             ;
             
             In
             all
             Ages
             when
             the
             House
             has
             appointed
             particular
             Committees
             ,
             hath
             it
             not
             been
             usual
             to
             order
             that
             they
             shall
             be
             impower'd
             to
             
               send
               for
               Papers
               ,
               Persons
               ,
               and
               Records
               ?
            
             But
             to
             bring
             Men
             to
             a
             sober
             Consideration
             of
             their
             Duty
             and
             Danger
             ,
             I
             shall
             give
             a
             few
             Instances
             ,
             besides
             those
             before
             mentioned
             ,
             of
             what
             the
             House
             of
             Commons
             hath
             done
             in
             former
             Ages
             .
          
           
             1.
             
             
               Anno
               20.
               
               Jacobi
            
             ,
             Doctor
             Harris
             Minister
             of
             Bletchingly
             in
             Surry
             ,
             for
             misbehaving
             himself
             by
             Preaching
             and
             otherwise
             ,
             about
             Election
             of
             Members
             of
             Parliament
             ,
             upon
             complaint
             ,
             was
             called
             to
             the
             Bar
             of
             the
             House
             of
             Commons
             ,
             and
             there
             as
             a
             Delinquent
             
               on
               his
               Knees
            
             ,
             had
             Judgment
             to
             confess
             his
             fault
             there
             ,
             and
             in
             the
             Countrey
             ,
             in
             the
             Pulpit
             of
             his
             Parish
             Church
             ,
             on
             Sunday
             before
             Sermon
             .
          
           
             2.
             
             
               Anno
               21
               Jacobi
               ,
               Ingrey
            
             under
             Sheriff
             of
             Cambridge-shire
             ,
             for
             refusing
             the
             Poll
             upon
             the
             promise
             of
             Sir
             
               Thomas
               Steward
            
             to
             defend
             him
             therein
             ,
             kneeling
             at
             the
             Bar
             ,
             received
             his
             Judgment
             to
             stand
             Committed
             to
             the
             Serjeant
             at
             Arms
             ,
             and
             to
             make
             Submission
             at
             the
             Bar
             ,
             and
             Acknowledge
             his
             offence
             there
             ,
             and
             to
             make
             a
             
               father
               Submission
            
             openly
             at
             the
             Quarter
             Sessions
             ,
             and
             there
             also
             to
             acknowledge
             his
             fault
             .
          
           
             3.
             
             
               Anno
               20
               Jacobi
            
             ,
             the
             Mayor
             of
             Arundel
             ,
             for
             misbehaving
             himself
             in
             an
             Election
             ,
             by
             putting
             the
             Town
             to
             a
             great
             deal
             of
             Charge
             ,
             not
             giving
             a
             due
             and
             General
             warning
             ,
             but
             Packing
             a
             number
             of
             Electors
             ,
             was
             sent
             for
             by
             Warrant
             ,
             and
             after
             ordered
             to
             pay
             all
             the
             Charge
             ,
             and
             the
             House
             appointed
             certain
             persons
             to
             adjust
             the
             Charges
             .
          
           
             4.
             
             And
             3
             Car.
             1.
             
             Sir
             
               William
               Wray
            
             and
             others
             ,
             Deputy
             Lieutenants
             of
             Cornwal
             ,
             for
             assuming
             to
             themselves
             a
             power
             to
             
               make
               whom
               they
               pleas'd
            
             Knights
             ,
             and
             defaming
             those
             Gentlemen
             that
             then
             stood
             to
             be
             Chosen
             ,
             sending
             up
             and
             down
             the
             Countrey
             Letters
             for
             the
             Trained
             Bands
             to
             appear
             at
             the
             Day
             of
             Election
             ,
             and
             Menacing
             the
             Countrey
             under
             the
             
             Title
             of
             His
             
               Majesties
               pleasure
            
             ;
             had
             Judgment
             given
             upon
             them
             ,
             to
             be
             committed
             to
             the
             Tower.
             2.
             
             To
             make
             Recognition
             of
             their
             Offence
             at
             the
             Bar
             of
             the
             House
             
               upon
               their
               Knees
            
             ,
             which
             was
             done
             .
             3.
             
             To
             make
             a
             Recognition
             and
             submission
             
               at
               the
               Assizes
            
             in
             Cornwal
             ,
             in
             a
             Form
             drawn
             by
             a
             Committee
             .
          
           
             5.
             
             But
             most
             remarkable
             are
             the
             Proceedings
             in
             the
             same
             Parliament
             Anno
             1628.
             against
             Doctor
             Manwaring
             ,
             who
             being
             there
             charged
             with
             Preaching
             and
             Publishing
             Offensive
             Sermons
             ,
             and
             the
             same
             referred
             to
             a
             Committee
             ;
             they
             brought
             in
             their
             Report
             ,
             which
             was
             delivered
             to
             the
             House
             with
             this
             Speech
             ,
             as
             I
             find
             it
             in
             Doctor
             
               Fullers
               Church-History
               ,
               L.
            
             11.
             
             Fo.
             129.
             
          
           
             
               
                 
                   Mr.
                   Speaker
                   ,
                
              
               
                 I
                 am
                 to
                 deliver
                 from
                 the
                 Sub-Committee
                 ,
                 a
                 Charge
                 against
                 Mr.
                 Manwaring
                 ,
                 a
                 Preacher
                 and
                 Doctor
                 of
                 Divinity
                 ,
                 but
                 a
                 Man
                 
                   so
                   Criminous
                
                 ,
                 that
                 he
                 hath
                 turned
                 his
                 Titles
                 into
                 Accusations
                 ;
                 for
                 the
                 better
                 they
                 are
                 ,
                 the
                 worse
                 is
                 he
                 ,
                 that
                 hath
                 dishonoured
                 them
                 .
                 Here
                 is
                 a
                 great
                 Charge
                 that
                 lies
                 upon
                 him
                 ,
                 it
                 is
                 great
                 in
                 it self
                 ,
                 and
                 great
                 because
                 it
                 hath
                 many
                 great
                 Charges
                 in
                 it
                 :
                 
                   Serpens
                   qui
                   Serpentem
                   Devorat
                   ,
                   fit
                   Draco
                
                 ;
                 his
                 Charge
                 having
                 digested
                 many
                 Charges
                 into
                 it
                 ,
                 is
                 become
                 a
                 Monster
                 of
                 Charges
                 .
                 The
                 main
                 and
                 great
                 one
                 is
                 this
                 ;
                 
                   a
                   Plot
                
                 and
                 Policy
                 ,
                 to
                 alter
                 and
                 subvert
                 the
                 
                   Frame
                   and
                   Fabrick
                
                 of
                 this
                 State
                 and
                 Commonwealth
                 .
                 This
                 is
                 the
                 great
                 one
                 ,
                 and
                 it
                 hath
                 others
                 in
                 it
                 ,
                 that
                 gains
                 it
                 more
                 Greatness
                 :
                 For
                 to
                 this
                 end
                 ,
                 he
                 labours
                 to
                 infuse
                 into
                 the
                 Conscience
                 of
                 his
                 Majesty
                 the
                 perswasion
                 of
                 
                   a
                   Power
                   not
                   bounding
                   it self
                   with
                   Laws
                   ,
                
                 which
                 King
                 James
                 of
                 famous
                 memory
                 ,
                 calls
                 in
                 his
                 Speech
                 in
                 Parliament
                 ,
                 
                   1619.
                   
                   Tyranny
                
                 ,
                 yea
                 ,
                 
                   Tyranny
                   accompanied
                   with
                   Perjury
                
                 .
              
               
                 2.
                 
                 He
                 endeavours
                 to
                 perswade
                 the
                 Consciences
                 of
                 the
                 Subjects
                 ,
                 That
                 they
                 are
                 Bound
                 to
                 Obey
                 
                   Illegal
                   Commands
                   ,
                
                 ;
                 yea
                 ,
                 he
                 Damns
                 them
                 for
                 not
                 Obeying
                 them
                 .
              
               
               
                 3.
                 
                 He
                 Robs
                 the
                 Subjects
                 of
                 the
                 Property
                 of
                 their
                 Goods
                 .
              
               
                 4.
                 
                 He
                 Brands
                 them
                 that
                 will
                 not
                 lose
                 this
                 Property
                 with
                 most
                 Scandalous
                 and
                 Odious
                 Titles
                 ,
                 to
                 make
                 them
                 
                   Hateful
                   both
                   to
                   Prince
                   and
                   People
                   ,
                
                 so
                 to
                 set
                 a
                 Division
                 between
                 the
                 Head
                 and
                 Members
                 ,
                 and
                 between
                 the
                 Members
                 themselves
                 .
              
               
                 5.
                 
                 To
                 the
                 same
                 end
                 (
                 not
                 much
                 unlike
                 to
                 Faux
                 and
                 his
                 Fellows
                 )
                 he
                 seeks
                 to
                 Blow
                 up
                 
                   Parliaments
                   and
                   Parliamentary-Power
                
                 .
                 These
                 five
                 being
                 duly
                 viewed
                 ,
                 will
                 appear
                 to
                 be
                 so
                 many
                 Charges
                 ,
                 and
                 withal
                 they
                 make
                 up
                 the
                 main
                 and
                 great
                 Charge
                 ,
                 a
                 mischievous
                 Plot
                 to
                 alter
                 and
                 subvert
                 the
                 Frame
                 and
                 Government
                 of
                 this
                 State
                 and
                 Common-wealth
                 .
                 And
                 now
                 that
                 you
                 may
                 be
                 sure
                 that
                 Mr.
                 Manwaring
                 ,
                 though
                 he
                 leave
                 us
                 
                   no
                   propriety
                
                 in
                 our
                 Goods
                 ,
                 yet
                 he
                 hath
                 an
                 absolute
                 propriety
                 in
                 his
                 Charge
                 ;
                 
                   Audite
                   ipsam
                   Belluam
                
                 ,
                 hear
                 Mr.
                 Manwaring
                 by
                 his
                 own
                 words
                 making
                 up
                 his
                 own
                 Charge
                 .
              
            
          
           
             Here
             he
             produced
             the
             Books
             ,
             particularly
             Insisting
             on
             p.
             19
             ,
             29
             ,
             and
             30.
             in
             the
             first
             Sermon
             ,
             p.
             35
             ,
             46
             ,
             and
             48.
             in
             the
             second
             Sermon
             ;
             all
             which
             passages
             he
             heightened
             with
             much
             Eloquence
             and
             Acrimony
             ;
             thus
             concluding
             his
             Speech
             ,
             
               I
               have
               shewed
               you
               an
               Evil
               tree
               that
               bringeth
               forth
               Evil
               fruit
               ;
               and
               now
               it
               rests
               with
               you
               to
               determine
               ,
               whether
               the
               following
               Sentence
               shall
               follow
               ,
            
             Cut
             it
             down
             ,
             and
             cast
             it
             into
             the
             Fire
             .
          
           
             Four
             days
             after
             the
             Parliament
             proceeded
             to
             his
             Censure
             ,
             consisting
             of
             eight
             particulars
             ,
             it
             being
             ordered
             by
             the
             House
             of
             Lords
             against
             him
             ,
             as
             followeth
             .
          
           
             1.
             
             To
             be
             Imprisoned
             during
             the
             pleasure
             of
             the
             House
             .
          
           
             2.
             
             To
             be
             Fined
             a
             thousand
             Pounds
             .
          
           
             3.
             
             To
             make
             his
             Submission
             at
             the
             Bar
             in
             this
             House
             ,
             and
             in
             the
             House
             of
             Commons
             ,
             at
             the
             Bar
             there
             ,
             
               in
               Verbis
               Conceptis
            
             ,
             a
             set
             form
             of
             words
             framed
             by
             a
             Committee
             of
             this
             house
             .
          
           
           
             4.
             
             To
             be
             Suspended
             from
             his
             Ministerial
             Function
             three
             Years
             ,
             and
             in
             the
             mean
             time
             a
             sufficient
             Preaching-man
             to
             be
             provided
             out
             of
             the
             profits
             of
             his
             Living
             ,
             and
             this
             to
             be
             left
             to
             be
             performed
             by
             the
             Ecclesiastical
             Court.
             
          
           
             5.
             
             To
             be
             Disabled
             for
             ever
             hereafter
             
               from
               Preaching
               at
               Court.
            
             
          
           
             6.
             
             To
             be
             for
             ever
             Disabled
             of
             having
             any
             
               Ecclesiastical
               Dignity
            
             in
             the
             Church
             of
             England
             .
          
           
             7.
             
             To
             be
             Uncapable
             of
             any
             Secular
             Office
             or
             Preferment
             .
          
           
             8.
             
             That
             his
             Books
             are
             worthy
             to
             be
             Burned
             ,
             and
             his
             Majesty
             to
             be
             moved
             ,
             that
             it
             may
             be
             so
             in
             London
             ,
             and
             both
             the
             Vniversities
             .
          
           
             And
             accordingly
             he
             made
             his
             humble
             Submission
             at
             both
             the
             Bars
             in
             Parliament
             ,
             on
             the
             Three
             and
             twentieth
             of
             June
             following
             ,
             and
             on
             his
             Knees
             ,
             before
             both
             Houses
             ,
             submitted
             himself
             ,
             with
             outward
             Expressions
             of
             Sorrow
             ,
             as
             followeth
             .
          
           
             
               I
               do
               here
               in
               all
               sorrow
               of
               Heart
               ,
               and
               true
               Repentance
               ,
               acknowledge
               those
               many
               Errors
               and
               Indiscretions
               which
               I
               have
               committed
               in
               Preaching
               and
               Publishing
               the
               two
               Sermons
               of
               mine
               ,
               which
               I
               called
               Religion
               and
               Allegiance
               ,
               and
               my
               great
               fault
               in
               falling
               upon
               this
               Theam
               again
               ,
               and
               handling
               the
               same
               rashly
               ,
               scandalously
               and
               undavisedly
               in
               my
               own
               Parish
               Church
               in
               St.
            
             Giles
             
               in
               the
               Fields
               ,
               the
               Fourth
               of
            
             May
             
               last
               past
               .
               I
               humbly
               acknowledge
               these
               three
               Sermons
               to
               have
               been
               full
               of
               Dangerous
               passages
               and
               Inferences
               ,
               and
               scandalous
               Aspersions
               ,
               in
               most
               part
               of
               them
               .
               And
               I
               do
               Humbly
               acknowledge
               the
               Just
               proceedings
               of
               this
               Honourable
               House
               against
               me
               ,
               and
               the
               Just
               Sentence
               and
               Judgement
               pass'd
               upon
               me
               for
               my
               great
               Offence
               .
               And
               I
               do
               from
               the
               bottom
               of
               my
               Heart
               crave
               Pardon
               of
               God
               ,
               the
               King
               ,
               and
               this
               Honourable
               House
               ,
               and
               the
               Common-Weal
               in
               general
               ,
               and
               those
               worthy
               Persons
               Adjuged
               to
               be
               reflected
               upon
               by
               me
               in
               particular
               ,
               for
               these
               great
               Ossences
               and
               Errors
               .
            
          
           
           
             The
             truth
             is
             ,
             't
             is
             this
             
               High
               Court
            
             of
             Parliament
             ,
             that
             only
             can
             hinder
             the
             Subject
             from
             being
             given
             up
             as
             a
             Prey
             to
             the
             
               Arbitrary
               Pleasure
            
             not
             only
             of
             the
             Prince
             if
             he
             should
             attempt
             it
             ,
             but
             (
             which
             is
             Ten
             times
             worse
             )
             to
             the
             unreasonable
             passions
             and
             lusts
             of
             Favourites
             ,
             cheif
             Ministers
             ,
             and
             Women
             ;
             when
             otherwise
             instead
             of
             a
             Monarch
             (
             who
             as
             sometimes
             it
             may
             happen
             shall
             Govern
             but
             in
             name
             )
             we
             might
             be
             ruled
             like
             the
             Antient
             French
             by
             an
             insolent
             
               Major
               of
               the
               Pallace
            
             ,
             who
             will
             be
             sure
             to
             mind
             the
             private
             interest
             of
             himself
             and
             Family
             more
             than
             that
             of
             the
             Prince
             or
             the
             
               Publick
               good
            
             :
             Or
             like
             the
             Turkish
             Empire
             under
             a
             
               Weak
               Grand
               Seignior
            
             ,
             by
             the
             
               Prevailing
               Concubine
            
             of
             the
             Seraglio
             ,
             who
             is
             perhaps
             her self
             managed
             by
             no
             higher
             dictates
             than
             that
             of
             her
             
               chief
               Eunuch
            
             or
             She-Slave
             .
             It
             is
             strange
             therefore
             to
             observe
             the
             
               Impotent
               Ambition
            
             of
             some
             Men
             (
             and
             such
             as
             ,
             with
             Shame
             let
             us
             speak
             it
             ,
             boast
             themselves
             English-men
             too
             )
             who
             (
             provided
             they
             may
             trample
             upon
             and
             domineer
             over
             their
             Inferiors
             )
             care
             not
             how
             much
             their
             Superiors
             do
             the
             like
             over
             them
             .
             Their
             Souls
             (
             like
             most
             insolent
             Mens
             )
             being
             mean
             enough
             to
             submit
             thereunto
             ;
             or
             who
             can
             enough
             deplore
             and
             abhor
             the
             ignorance
             and
             stupidity
             of
             some
             
               lazy
               insignificant
               Gentlemen
            
             ,
             who
             care
             not
             how
             things
             go
             ,
             provided
             they
             may
             enjoy
             their
             
               Hawks
               ,
               Hounds
            
             ,
             and
             
               Bowling-Green
               Meetings
            
             ;
             whilst
             not
             only
             for
             Divinity
             ,
             but
             Politicks
             too
             ,
             they
             are
             Govern'd
             by
             their
             more
             
               Impertinent
               Chaplain
            
             ,
             or
             the
             Parson
             of
             their
             Parish
             .
             Now
             nothing
             is
             more
             obvious
             than
             the
             designs
             of
             some
             
               idle
               ,
               Covetous
               ,
               Sycophant
               Clergy-men
               ,
               who
               like
            
             Ivy
             ,
             though
             it
             cannot
             grow
             without
             the
             support
             of
             the
             Oak
             and
             yet
             will
             destroy
             it
             at
             last
             ,
             do
             in
             private
             Parlours
             over
             the
             Glass
             ,
             whilst
             Healths
             go
             round
             ,
             as
             well
             as
             in
             their
             Pulpits
             over
             their
             Cushions
             ,
             set
             up
             
               Absolute
               Monarchy
            
             to
             be
             
               Jure
               Divino
            
             ,
             declaiming
             against
             the
             unreasonable
             stubornness
             of
             any
             Parliament
             that
             will
             not
             give
             away
             the
             Peoples
             Money
             ,
             and
             submit
             
             themselves
             to
             be
             Fleec'd
             ,
             as
             often
             as
             the
             
               prime
               Minister
            
             or
             Favourite
             think
             fit
             ,
             they
             cry
             up
             the
             Prince
             like
             an
             Angel
             so
             long
             as
             he
             will
             be
             their
             Executioner
             to
             Whip
             ,
             Imprison
             ,
             or
             hang
             all
             that
             will
             not
             truckle
             to
             their
             own
             Pride
             and
             Avarice
             ;
             or
             refuse
             to
             give
             up
             their
             Souls
             once
             again
             to
             be
             managed
             by
             an
             
               Implicite
               Faith
            
             ,
             whereby
             in
             the
             mean
             while
             these
             
               Huffish
               Sir
               Johns
            
             might
             not
             be
             troubled
             with
             those
             uneasy
             Tasks
             of
             
               Studying
               ,
               Preaching
            
             ,
             &c.
             but
             may
             have
             nothing
             else
             to
             do
             ,
             but
             live
             at
             ease
             ,
             keep
             their
             Coach
             and
             Horses
             ,
             with
             a
             
               silly
               Curate
            
             to
             do
             all
             the
             Drudgery
             ;
             Whilst
             they
             themselves
             are
             making
             Addresses
             above
             ,
             by
             Flattering
             and
             Informing
             at
             some
             great
             Noblemans
             or
             Bishops
             Table
             ,
             and
             railing
             against
             the
             Whiggs
             and
             Fanaticks
             ,
             and
             speaking
             a
             good
             word
             for
             
               Popery
               by
               the
               By
            
             ;
             Or
             else
             if
             their
             parts
             reach
             so
             high
             ,
             by
             some
             Sycophant
             Pamphlet
             or
             Sermon
             against
             the
             Government
             Establisht
             by
             Law
             ;
             They
             teach
             that
             men
             have
             no
             property
             either
             in
             their
             Lives
             or
             Goods
             ,
             but
             only
             during
             the
             Princes
             pleasure
             ,
             &c.
             
             If
             there
             be
             not
             such
             a
             parcel
             of
             Things
             as
             these
             that
             call
             themselves
             Divines
             ,
             then
             
               no
               Body
            
             is
             concerned
             
               in
               this
               Character
               ;
               but
               if
               there
               be
               ,
               they
               are
               the
               worst
               of
               men
               ,
            
             and
             
               ought
               not
               only
            
             to
             be
             exposed
             ,
             but
             severely
             punisht
             .
          
           
             Therefore
             since
             at
             present
             we
             live
             under
             so
             happy
             a
             Government
             ,
             where
             being
             securely
             Landed
             our selves
             ,
             we
             behold
             the
             Shipwrack
             of
             our
             Neighbours
             ,
             and
             since
             (
             notwithstanding
             the
             goodness
             of
             our
             Sovereign
             King
             Charles
             the
             Second
             ,
             
               whom
               God
               preserve
            
             )
             who
             has
             declared
             that
             he
             desires
             nothing
             less
             than
             the
             Alteration
             or
             subversion
             of
             that
             Government
             (
             which
             as
             well
             by
             his
             Coronation
             Oath
             ,
             as
             by
             his
             own
             Lenity
             and
             good
             nature
             ,
             he
             thinks
             himself
             obliged
             to
             observe
             )
             yet
             there
             are
             some
             ,
             who
             for
             their
             own
             private
             ends
             ,
             endeavour
             their
             utmost
             to
             remove
             our
             antient
             Land-marks
             ,
             Introducing
             Popery
             and
             Slavery
             amongst
             us
             ;
             It
             is
             therefore
             the
             indispensable
             Interest
             and
             Duty
             of
             all
             
             true
             English-men
             to
             maintain
             these
             Priviledges
             conveyed
             from
             their
             Ancestors
             through
             so
             many
             Generations
             inviolable
             ,
             upon
             which
             all
             our
             (
             Earthly
             )
             and
             in
             a
             great
             measure
             our
             Spiritual
             )
             Happiness
             ,
             safety
             ,
             and
             well-being
             depends
             .
             Nor
             can
             any
             Man
             in
             his
             senses
             but
             acknowledge
             that
             the
             only
             
               right
               way
            
             to
             attain
             that
             end
             ,
             is
             to
             look
             well
             to
             the
             Means
             ,
             and
             that
             is
             by
             taking
             due
             care
             what
             Persons
             they
             Choose
             for
             their
             Representatives
             ,
             with
             whom
             they
             must
             trust
             their
             Estates
             ,
             Lives
             ,
             and
             Liberties
             .
          
           
             Now
             this
             Government
             of
             a
             Prince
             by
             and
             with
             Parliaments
             ,
             whenever
             the
             Condition
             and
             Necessities
             of
             the
             State
             require
             them
             ,
             however
             according
             to
             it
             's
             primitive
             Institution
             it
             was
             the
             best
             of
             all
             others
             ,
             yet
             as
             well
             in
             that
             as
             in
             Christianity
             it self
             ,
             there
             have
             been
             found
             out
             wayes
             of
             Corruption
             ,
             and
             that
             is
             ,
             when
             either
             they
             sit
             
               too
               long
            
             ,
             or
             
               too
               seldom
            
             ,
             or
             are
             
               too
               frequently
               dissolved
            
             ;
             too
             
               frequent
               Dissolutions
            
             being
             no
             less
             Dangerous
             to
             the
             Subject
             ,
             than
             too
             long
             Sessions
             .
             Nevertheless
             it
             may
             be
             in
             the
             Electors
             power
             to
             avoid
             the
             Inconveniences
             of
             both
             ,
             and
             that
             is
             by
             making
             a
             
               good
               Choice
            
             .
          
           
             Whereas
             if
             the
             Countrey
             People
             will
             sell
             all
             that
             they
             have
             for
             a
             little
             roast
             Beef
             ,
             aGlass
             of
             Sack
             ,
             &
             a
             pot
             of
             Ale
             ,
             Choosing
             him
             that
             will
             give
             them
             most
             Drink
             to
             Day
             ,
             though
             they
             know
             him
             to
             be
             a
             Person
             who
             will
             sell
             both
             their
             Religion
             ,
             Liberties
             and
             Fortunes
             to
             Morrow
             ,
             then
             frequent
             Dissolutions
             will
             of
             necessity
             ruine
             us
             ,
             and
             utterly
             debauch
             this
             Excellent
             Constitution
             ;
             for
             the
             honest
             Countrey
             Gentleman
             designing
             no
             other
             private
             advantage
             but
             the
             true
             service
             of
             his
             King
             and
             Country
             ,
             hath
             no
             reason
             ,
             nor
             is
             he
             able
             ,
             once
             in
             half
             a
             Year
             to
             spend
             4
             or
             500
             Pound
             ,
             only
             to
             purchase
             a
             place
             full
             of
             Labour
             ,
             Charge
             ,
             trouble
             and
             Danger
             ,
             without
             any
             profit
             to
             himself
             ,
             only
             to
             serve
             those
             who
             put
             him
             to
             such
             an
             unkind
             Expence
             .
             And
             when
             honest
             Loyal
             Gentlemen
             are
             thus
             discouraged
             ,
             if
             this
             Sottish
             humour
             amongst
             the
             Electors
             continue
             ,
             
             the
             Papist
             ,
             and
             their
             Faction
             ,
             or
             necessitous
             Persons
             of
             prostituted
             Consciences
             ,
             will
             carry
             their
             Votes
             ;
             for
             they
             can
             afford
             to
             
               buy
               them
            
             at
             large
             rates
             ,
             being
             resolved
             to
             repay
             themselves
             ,
             though
             with
             the
             ruine
             of
             the
             Nation
             .
          
           
             This
             is
             no
             vain
             surmize
             or
             idle
             speculation
             ,
             but
             the
             very
             truth
             of
             the
             Case
             ;
             and
             the
             meanest
             Countrey
             Man
             that
             has
             Eyes
             in
             his
             Head
             ,
             and
             will
             use
             them
             ,
             can
             not
             but
             see
             it
             :
             for
             did
             you
             ever
             know
             a
             
               Coachman
               or
               Groom
               buy
               his
               place
               ,
            
             unless
             he
             designed
             to
             
               rob
               his
               Masters
               Bin
            
             ?
             Therefore
             whoever
             you
             put
             to
             charge
             in
             your
             Elections
             ,
             blame
             him
             not
             ,
             if
             he
             makes
             Money
             again
             of
             what
             he
             bought
             ,
             and
             lays
             out
             his
             Vote
             in
             the
             House
             ,
             not
             for
             your
             Good
             and
             that
             of
             the
             publick
             ,
             but
             that
             way
             as
             will
             best
             please
             the
             Ministers
             of
             State
             ,
             that
             so
             he
             himself
             may
             get
             a
             good
             place
             ,
             or
             preferment
             ,
             or
             Title
             of
             Honour
             by
             the
             Bargain
             .
             I
             say
             though
             he
             himself
             be
             a
             base
             Wretch
             for
             so
             doing
             ,
             yet
             You
             cannot
             blame
             him
             ,
             since
             you
             did
             not
             lend
             him
             your
             Trust
             ,
             but
             sold
             it
             him
             ,
             and
             what
             a
             Man
             hath
             purchased
             with
             his
             own
             Money
             ,
             he
             may
             lawfully
             sell
             again
             .
          
           
             Therefore
             that
             Man
             who
             does
             wilfully
             give
             his
             Voice
             for
             a
             Knave
             or
             Fool
             ,
             does
             his
             endeavour
             to
             ruine
             both
             his
             Country
             ,
             and
             himself
             and
             his
             Posterity
             ,
             and
             to
             be
             as
             bad
             or
             worse
             than
             the
             Person
             he
             chooses
             ;
             and
             if
             the
             greater
             part
             of
             the
             House
             happen
             to
             be
             Wiser
             or
             Honester
             ,
             it
             is
             no
             thanks
             to
             him
             ;
             he
             did
             as
             much
             as
             he
             could
             to
             debauch
             it
             ;
             and
             therefore
             for
             his
             part
             ,
             if
             none
             else
             were
             concerned
             with
             him
             ,
             it
             were
             no
             matter
             if
             he
             were
             forthwith
             made
             a
             Slave
             ,
             and
             his
             Children
             
               Perpetual
               Vassals
            
             .
          
           
             The
             before
             mentioned
             old
             Lord
             Treasurer
             Barleigh
             (
             who
             is
             thought
             to
             have
             been
             the
             greatest
             Statesman
             that
             ever
             this
             Nation
             bred
             )
             did
             frequently
             deliver
             as
             a
             Maxime
             ,
             or
             rather
             as
             a
             Prophecy
             ,
             That
             England
             
               can
               hardly
               be
               ruined
               ,
               unless
               it
               be
               by
               her
               own
               Parliaments
            
             ;
             undoubtedly
             foreseeing
             that
             other
             oppressions
             ,
             as
             being
             wrought
             by
             violence
             ,
             might
             perhaps
             by
             violence
             be
             
             in
             time
             shaken
             off
             again
             ;
             whereas
             when
             in
             a
             Parliamentary
             way
             we
             are
             undone
             by
             a
             Law
             ,
             that
             can
             never
             be
             reverst
             but
             by
             a
             down-right
             Rebellion
             ,
             because
             the
             parties
             advantag'd
             by
             that
             Law
             will
             never
             agree
             to
             the
             repealing
             of
             it
             ;
             and
             a
             Rebellion
             is
             both
             so
             dangerous
             ,
             and
             of
             so
             biack
             a
             Character
             ,
             as
             men
             either
             rich
             or
             conscientious
             ,
             will
             not
             engage
             therein
             ;
             and
             therefore
             no
             publick
             mischief
             is
             so
             irrecoverable
             as
             that
             which
             is
             grown
             into
             a
             Law
             ,
             and
             nothing
             ,
             you
             know
             ,
             can
             become
             so
             ,
             but
             what
             is
             Imposed
             upon
             you
             by
             Parliament
             .
             Such
             is
             the
             happy
             frame
             of
             your
             Government
             ,
             so
             prudently
             and
             so
             strong
             have
             your
             Ancestors
             secured
             Property
             and
             Liberty
             ,
             (
             rescued
             by
             inches
             out
             of
             the
             hands
             of
             encroaching
             violence
             )
             that
             you
             cannot
             be
             enslaved
             but
             with
             chains
             of
             your
             own
             making
             ,
             for
             as
             you
             are
             never
             undone
             till
             you
             are
             undone
             by
             Law
             ,
             so
             you
             can
             never
             be
             undone
             by
             a
             Law
             ,
             till
             you
             chuse
             the
             undoing
             Legislators
             ;
             and
             may
             not
             your
             enemies
             add
             Scorn
             to
             their
             Cruelty
             ,
             and
             pretend
             Justice
             for
             both
             ,
             when
             they
             can
             plead
             they
             had
             never
             trampled
             on
             your
             heads
             ,
             had
             not
             you
             laid
             them
             on
             the
             Ground
             ?
          
           
             From
             what
             has
             been
             said
             ,
             it
             evidently
             appears
             of
             what
             vast
             importance
             it
             is
             at
             all
             times
             ,
             when
             ever
             his
             Majesty
             shall
             be
             pleas'd
             to
             issue
             out
             his
             Writs
             for
             a
             Parliament
             ,
             to
             chuse
             (
             as
             much
             as
             in
             us
             lies
             )
             a
             good
             house
             of
             Commons
             ,
             as
             we
             tender
             our
             Religion
             ,
             Liberties
             ,
             Estates
             and
             Posterity
             ;
             upon
             our
             well
             or
             ill
             chusing
             ,
             depends
             our
             well
             or
             ill
             being
             ;
             't
             is
             here
             as
             in
             marriage
             or
             war
             ,
             there
             is
             no
             room
             for
             second
             Errors
             ,
             one
             Act
             may
             ruine
             a
             Nation
             beyond
             retrieve
             .
          
           
             Besides
             ,
             they
             whom
             you
             chuse
             will
             represent
             the
             qualities
             as
             well
             as
             the
             persons
             ,
             and
             if
             you
             send
             up
             a
             false
             glass
             ,
             it
             will
             represent
             you
             with
             an
             ugly
             face
             ;
             you
             have
             hitherto
             had
             the
             repute
             of
             an
             antient
             and
             grave
             people
             ,
             but
             if
             you
             chuse
             raw
             Saplings
             ,
             green
             heads
             ,
             unexperienced
             children
             ,
             the
             world
             will
             Judge
             of
             you
             ,
             as
             they
             once
             did
             of
             the
             Grecians
             ,
             that
             you
             were
             either
             
             always
             children
             ,
             or
             are
             grown
             twice
             so
             ;
             you
             have
             long
             been
             a
             famous
             Religious
             Protestant
             Nation
             ,
             but
             if
             you
             chuse
             debauched
             swearing
             Atheists
             ,
             men
             of
             no
             Religion
             ,
             or
             such
             as
             are
             meer
             formalists
             ,
             or
             enclinable
             to
             Popery
             ,
             what
             can
             the
             world
             think
             but
             that
             the
             Nation
             has
             lost
             its
             sense
             of
             Religion
             ,
             and
             is
             content
             to
             be
             led
             back
             into
             the
             Egyptian
             darkness
             of
             
               Romish
               Fopperies
            
             :
             you
             have
             formerly
             had
             the
             Character
             of
             a
             sober
             temperate
             Nation
             ,
             but
             if
             you
             chuse
             Drunkards
             for
             your
             Trustees
             ,
             or
             give
             your
             voices
             for
             those
             that
             gorge
             you
             most
             with
             liquor
             ,
             what
             can
             be
             supposed
             but
             that
             you
             are
             already
             Drunk
             with
             folly
             ,
             and
             Just
             Reeling
             into
             Slavery
             .
          
        
         
           
             Some
             Directions
             concerning
             the
             Choice
             of
             Members
             to
             serve
             in
             Parliament
             ,
             and
             the
             Qualifications
             that
             render
             a
             Gentleman
             fit
             or
             unfit
             ,
             worthy
             or
             undeserving
             of
             your
             Voices
             for
             so
             great
             a
             Trust
             .
          
           
             1.
             
             AVoid
             
               all
               such
               as
               hold
               any
               Office
               of
               Considerable
               value
               during
               pleasure
               ,
            
             they
             being
             subject
             to
             be
             Over-awed
             .
             For
             altho
             a
             man
             wish
             well
             to
             his
             Countrey
             ,
             and
             in
             the
             Betraying
             thereof
             ,
             knows
             that
             at
             the
             long
             run
             he
             mischiefs
             and
             enslaves
             his
             Posterity
             ,
             if
             not
             himself
             ,
             yet
             the
             narrowness
             of
             mers
             minds
             is
             such
             ,
             as
             makes
             them
             more
             tenderly
             apprehend
             a
             small
             present
             damage
             ,
             than
             a
             far
             greater
             hereafter
             .
             Such
             men
             must
             of
             necessity
             be
             under
             a
             great
             Temptation
             and
             Distraction
             ,
             when
             their
             Consciences
             and
             Interest
             look
             different
             ways
             .
             For
             to
             say
             truth
             ,
             such
             an
             Office
             is
             but
             a
             softer
             word
             for
             a
             Pension
             ;
             Therefore
             since
             these
             men
             know
             before
             hand
             the
             Inconveniences
             that
             attend
             the
             Trust
             of
             a
             Member
             of
             Parliament
             faithfully
             discharged
             ,
             't
             is
             very
             suspitious
             and
             reflecting
             upon
             their
             honesty
             ,
             if
             any
             such
             stand
             
             for
             it
             ;
             And
             I
             think
             we
             are
             bound
             in
             Charity
             ,
             nor
             can
             we
             do
             them
             a
             greater
             Courtesy
             ,
             than
             to
             Answer
             their
             Petition
             in
             the
             Lords
             Prayer
             —
             
               Not
               to
               lead
               them
               into
               Temptation
               .
            
          
           
             2.
             
             Suspect
             
               all
               those
            
             (
             especially
             if
             they
             are
             men
             of
             Ill
             Repute
             )
             
               who
               in
               their
               Profession
               ,
               or
               near
               Relations
               ,
               have
               dependency
               upon
               the
               Court.
            
             For
             though
             to
             be
             the
             Kings
             Servant
             is
             no
             Bar
             from
             being
             a
             Parliament-man
             ,
             or
             from
             serving
             his
             Countrey
             honestly
             in
             that
             Station
             ,
             and
             no
             doubt
             several
             of
             them
             have
             at
             divers
             times
             well
             discharged
             the
             same
             ,
             yet
             frequently
             such
             persons
             (
             unworthily
             )
             guessing
             at
             their
             Prince
             by
             themselves
             ,
             are
             apt
             to
             Vote
             right
             or
             wrong
             ,
             as
             they
             imagine
             will
             most
             please
             the
             Prerogative
             Party
             ,
             and
             't
             is
             an
             hard
             matter
             for
             a
             Courtier
             to
             please
             that
             great
             (
             perhaps
             corrupt
             )
             Minister
             who
             supports
             him
             ,
             and
             those
             whom
             he
             Represents
             ,
             at
             the
             same
             time
             :
             And
             if
             he
             endeavours
             to
             oblige
             both
             ,
             he
             becomes
             such
             an
             uncertain
             Weathercock
             ,
             as
             most
             commonly
             he
             pleases
             neither
             .
             And
             therefore
             the
             most
             prudent
             and
             honestest
             of
             the
             Courtiors
             are
             always
             observed
             to
             decline
             being
             Parliament
             men
             ,
             for
             this
             very
             reason
             .
          
           
             3.
             
             Meddle
             not
             with
             
               such
               as
               have
               been
               or
               are
               like
               to
               prove
               Pensioners
               ,
            
             or
             receive
             Salaries
             for
             
               secret
               Services
            
             .
             I
             know
             they
             would
             now
             
               Brazen
               it
               out
            
             ,
             That
             there
             were
             no
             such
             men
             ,
             no
             such
             practices
             .
             But
             the
             contrary
             is
             notorious
             ;
             did
             not
             the
             House
             of
             Commons
             last
             Westminster-Parliament
             take
             the
             thing
             into
             Examination
             ?
             nay
             did
             not
             Sir
             
               S.
               F.
               by
               his
               memory
            
             (
             without
             
               the
               books
            
             ,
             which
             for
             some
             reasons
             were
             refused
             to
             be
             brought
             in
             )
             name
             about
             30
             of
             them
             ,
             and
             the
             respective
             Sums
             yearly
             paid
             to
             each
             ?
             and
             would
             not
             
               many
               more
            
             have
             been
             discovered
             ,
             and
             the
             whole
             knot
             of
             them
             severely
             and
             exemplarily
             punisht
             ,
             if
             that
             Parliament
             had
             a
             little
             longer
             Continued
             ?
             Now
             there
             is
             none
             more
             implacably
             your
             Enemy
             ,
             then
             that
             person
             whose
             Interest
             
             is
             to
             destroy
             you
             ;
             that
             must
             neither
             eat
             nor
             drink
             ,
             except
             you
             starve
             ;
             that
             must
             go
             in
             Rags
             ,
             except
             you
             go
             naked
             ;
             are
             taught
             to
             Fleece
             you
             ,
             that
             they
             may
             keep
             themselves
             warm
             .
             To
             prevent
             this
             ,
             avoid
             not
             only
             all
             former
             Pensioners
             ,
             but
             such
             other
             as
             may
             be
             in
             danger
             to
             become
             so
             ;
             Therefore
             meddle
             not
             with
             men
             of
             necessitous
             Fortunes
             ,
             or
             much
             in
             Debt
             .
             The
             Representative
             of
             a
             Nation
             ought
             to
             consist
             of
             the
             most
             wise
             ,
             Wealthy
             ,
             sober
             ,
             and
             couragious
             of
             the
             people
             ,
             not
             men
             of
             mean
             Spirits
             and
             little
             figure
             ,
             and
             sordid
             passions
             ,
             that
             would
             sell
             the
             Interest
             of
             the
             People
             that
             chose
             them
             to
             advance
             their
             own
             ,
             or
             be
             at
             the
             beck
             of
             some
             great
             man
             ,
             in
             hope
             of
             a
             lift
             to
             a
             good
             Imploy
             .
             Those
             that
             have
             
               fair
               Estates
            
             ,
             have
             in
             a
             manner
             given
             Hostages
             to
             their
             Country
             ,
             and
             must
             be
             
               Errant
               Fools
            
             before
             they
             can
             play
             the
             Knave
             with
             you
             .
             But
             what
             cares
             the
             
               needy
               Passenger
            
             if
             the
             Ship
             perish
             ,
             if
             he
             can
             but
             save
             himself
             in
             the
             
               long
               Boat
            
             ,
             or
             get
             some
             Booty
             by
             the
             Wreck
             ?
             What
             Protection
             do
             you
             expect
             from
             them
             ,
             who
             cannot
             shew
             their
             Faces
             with
             confidence
             without
             a
             Protection
             ,
             either
             in
             or
             out
             of
             Parliament
             ?
             Who
             are
             no
             less
             apprehensive
             of
             a
             Bayliff
             ,
             than
             of
             the
             growing
             greatness
             of
             the
             French
             ;
             and
             dread
             not
             Popery
             half
             so
             much
             as
             an
             Out-Lawry
             ?
             Will
             you
             secure
             them
             within
             the
             Walls
             of
             the
             house
             of
             Commons
             ,
             who
             were
             better
             secured
             within
             the
             Walls
             of
             a
             Common
             Goal
             ?
             Who
             can
             never
             pay
             their
             debts
             Contracted
             by
             their
             Prodigality
             ,
             but
             out
             of
             your
             Purses
             ;
             and
             must
             run
             you
             in
             ,
             to
             get
             themselves
             out
             of
             their
             Mortgages
             ?
             These
             mens
             fear
             of
             being
             dissolved
             makes
             them
             submit
             to
             any
             thing
             ,
             rather
             than
             be
             left
             to
             the
             unmerciful
             Rage
             of
             their
             hungrey
             Creditors
             ,
             who
             have
             so
             long
             fasted
             for
             their
             money
             .
             For
             all
             such
             persons
             (
             though
             some
             of
             them
             may
             be
             lookt
             upon
             as
             honest
             fair-Conditioned
             Gentlemen
             and
             good
             House-keepers
             ,
             )
             are
             in
             danger
             of
             being
             Tempted
             to
             repair
             the
             decays
             of
             their
             own
             private
             Fortunes
             ,
             
             by
             the
             Ruine
             of
             the
             Publick
             .
             Moreover
             the
             Choosing
             of
             such
             broken
             Fortunes
             ,
             decays
             Trade
             ,
             and
             ruins
             whole
             Families
             ;
             insomuch
             that
             I
             have
             known
             it
             drive
             many
             men
             (
             contrary
             to
             their
             own
             Inclinations
             )
             to
             wish
             never
             to
             see
             Parliaments
             more
             in
             England
             .
             In
             a
             word
             ,
             if
             Beggers
             ever
             come
             to
             be
             your
             Representatives
             ,
             how
             can
             they
             Judge
             what
             is
             expedient
             for
             the
             Nation
             to
             spare
             ,
             whose
             only
             Care
             is
             to
             get
             a
             piece
             of
             money
             to
             spend
             ?
          
           
             4.
             
             As
             you
             are
             not
             unadvisedly
             to
             Choose
             such
             as
             retain
             to
             the
             Court
             at
             home
             ,
             so
             much
             less
             are
             you
             to
             Elect
             any
             such
             as
             
               have
               their
               dependance
               upon
               Forreign
               Princes
               or
               States
               ,
            
             these
             are
             under
             strong
             obligations
             to
             see
             you
             ruined
             ;
             for
             your
             own
             Reason
             will
             tell
             you
             ,
             that
             no
             Forreign
             Power
             will
             prodigally
             throw
             away
             his
             Pistoles
             ,
             where
             he
             expects
             not
             an
             Harvest
             answerable
             to
             his
             Seed
             .
             'T
             is
             possible
             this
             Caution
             may
             not
             be
             unnecessary
             ,
             for
             't
             is
             more
             than
             suspected
             that
             there
             are
             some
             such
             degenerated
             Englishmen
             ,
             who
             having
             forsaken
             he
             Interest
             of
             their
             Native
             Countrey
             ,
             have
             sold
             themselves
             to
             an
             Outlandish
             Interest
             ,
             that
             they
             may
             the
             better
             gratify
             their
             own
             Ambition
             ,
             and
             those
             Potent
             Lusts
             which
             their
             own
             meaner
             Fortunes
             could
             not
             otherwise
             seed
             and
             satiate
             .
          
           
             5.
             
             Be
             not
             over-fond
             to
             
               receive
               Bribes
               and
               Gratifications
            
             from
             persons
             that
             would
             fain
             make
             a
             prey
             of
             you
             ,
             and
             by
             their
             purses
             ,
             lavish
             treats
             ,
             and
             entertainments
             would
             allure
             you
             to
             prostitute
             your
             voices
             for
             their
             Elections
             ;
             you
             may
             be
             assured
             they
             would
             never
             bid
             so
             high
             for
             your
             Suffrages
             ,
             but
             that
             they
             know
             where
             to
             make
             their
             Markets
             .
             Chuse
             the
             worthy
             unwilling
             person
             ,
             before
             the
             complemental
             unworthy
             man
             ,
             whose
             extraordinary
             forwardness
             prognosticates
             he
             seeks
             not
             your
             good
             ,
             but
             his
             own
             ,
             seperate
             from
             the
             publick
             .
             Let
             us
             not
             play
             the
             fools
             or
             knaves
             to
             neglect
             or
             betray
             the
             Common
             Interest
             of
             our
             Country
             by
             a
             base
             Election
             ,
             let
             neither
             
               Fear
               ,
               
               Flattery
            
             ,
             nor
             Gain
             Biass
             us
             .
             Consider
             with
             your selves
             what
             losers
             you
             will
             be
             ,
             if
             to
             laugh
             and
             be
             merry
             one
             day
             ,
             the
             person
             you
             choose
             should
             give
             you
             and
             your
             children
             occasion
             to
             mourn
             for
             ever
             after
             .
             
               —
               Say
               not
               he
               's
               but
               a
               single
               person
               ,
               one
               man
               cannot
               do
               such
               hurt
               ,
               —
            
             Silly
             men
             !
             what
             if
             all
             other
             places
             should
             be
             as
             bad
             as
             your selves
             ?
             then
             all
             the
             house
             would
             be
             of
             a
             peice
             ,
             and
             besides
             don't
             you
             know
             that
             sometimes
             a
             
               single
               man
            
             has
             carried
             a
             Vote
             ,
             which
             perhaps
             was
             no
             less
             mischeivous
             than
             Irretrievable
             ?
             think
             how
             Justly
             the
             gallant
             antient
             Heathens
             may
             upbraid
             this
             baseness
             of
             us
             Christians
             ,
             when
             ,
             as
             they
             sacrificed
             many
             of
             their
             children
             ,
             nay
             and
             oftentimes
             their
             own
             Lives
             for
             the
             good
             of
             their
             Country
             ,
             so
             on
             the
             contrary
             do
             we
             sacrifice
             or
             at
             least
             Happ-Hazard
             both
             our
             Religion
             ,
             Lives
             ,
             Children
             and
             Countrey
             for
             the
             Swinish
             pleasure
             of
             a
             day
             or
             two's
             debauchery
             .
          
           
             6.
             
             Make
             not
             your
             
               publick
               choice
               the
               Recompence
               of
               private
               Favours
               ,
            
             't
             is
             not
             pleasing
             a
             Neighbour
             ,
             because
             rich
             and
             powerfull
             ,
             but
             saving
             of
             England
             that
             you
             are
             to
             regard
             .
             Neither
             pay
             nor
             return
             private
             obligations
             at
             the
             cost
             of
             the
             Nation
             .
             Sir
             John
             is
             a
             
               pretty
               Gentleman
            
             ,
             and
             treats
             people
             Civilly
             ,
             and
             my
             Landlord
             is
             a
             good
             man
             ,
             and
             has
             been
             kind
             ,
             and
             Esquire
             such
             an
             one
             ,
             is
             our
             next
             Justice
             of
             peace
             ,
             but
             yet
             I
             will
             not
             give
             my
             voice
             contrary
             to
             my
             conscience
             ,
             or
             have
             an
             hand
             in
             a
             choice
             that
             may
             ruine
             my
             Country
             ,
             to
             gratify
             any
             or
             all
             of
             them
             .
             Let
             not
             such
             engagements
             put
             you
             upon
             dangerous
             Elections
             as
             you
             
               Love
               the
               Liberties
            
             and
             the
             Freedom
             of
             your
             Posterity
             .
             But
             tell
             them
             in
             this
             affair
             they
             must
             hold
             you
             excused
             ,
             for
             that
             the
             weight
             of
             the
             matter
             will
             well
             bear
             it
             ,
             this
             is
             your
             Inheritance
             ;
             all
             may
             depend
             upon
             it
             ;
             't
             is
             a
             more
             Modest
             request
             if
             they
             would
             desire
             you
             to
             
               give
               them
               that
               Freehold
               and
               Estate
               ,
            
             that
             qualifies
             you
             for
             an
             Elector
             ,
             than
             to
             press
             you
             to
             be
             for
             a
             man
             that
             in
             your
             conscience
             you
             think
             unfit
             ,
             or
             not
             so
             fit
             as
             his
             Competitor
             ,
             for
             so
             weighty
             a
             
             Trust
             .
             Men
             don't
             use
             ro
             
               Lend
               their
               Wives
            
             ,
             or
             
               give
               their
               Children
            
             to
             satisfie
             personal
             Kindnesses
             ,
             nor
             ought
             you
             to
             make
             a
             Swop
             of
             your
             Birthright
             (
             and
             that
             of
             your
             Posterities
             too
             )
             for
             a
             mess
             of
             pottage
             ,
             a
             Feast
             ,
             or
             a
             lusty
             
               Drinking
               bout
            
             ;
             there
             can
             be
             no
             proportion
             here
             ,
             and
             therefore
             none
             must
             take
             it
             ill
             ,
             that
             you
             use
             your
             freedom
             about
             that
             which
             in
             its
             constitution
             is
             the
             great
             Bulwark
             of
             all
             your
             antient
             Liberties
             .
          
           
             7.
             
             Have
             a
             care
             of
             Ambitious
             men
             and
             non-Residents
             ,
             such
             as
             Live
             most
             about
             the
             Town
             ,
             and
             not
             with
             their
             Estates
             in
             the
             Country
             .
             
               These
               seek
               Honours
               and
               Preferments
            
             above
             ;
             and
             little
             or
             never
             embetter
             the
             Country
             with
             their
             expences
             or
             Hospitality
             ,
             for
             they
             are
             too
             much
             for
             themselves
             ,
             to
             Act
             vigorously
             for
             the
             advantage
             of
             their
             Country
             ;
             or
             if
             in
             the
             house
             they
             do
             for
             a
             while
             Swagger
             a
             little
             ,
             and
             Speak
             it
             briskly
             ,
             't
             is
             only
             that
             the
             Court
             may
             take
             notice
             of
             them
             ,
             and
             
               take
               them
               off
            
             by
             some
             preferment
             ;
             and
             then
             these
             
               false
               Patriots
            
             shall
             be
             the
             only
             sticklers
             for
             unbounded
             Prerogative
             .
          
           
             8.
             
             Be
             resolved
             (
             against
             all
             Temptations
             )
             to
             choose
             
               no
               Minors
            
             :
             What
             ,
             will
             you
             be
             content
             with
             
               sucking
               Statesinen
            
             ?
             and
             
               Beard-less
               Politicians
            
             ?
             and
             
               Rehoboams
               Counsellors
            
             ?
             then
             ,
             expect
             ,
             for
             well
             you
             deserve
             to
             be
             lasht
             with
             Scorpions
             :
             Can
             you
             Judge
             them
             fit
             to
             dispose
             of
             your
             Liberties
             ,
             Lives
             Estates
             and
             Religion
             ,
             who
             cannot
             legally
             dispose
             of
             their
             own
             Estates
             or
             themselves
             ?
             What
             security
             can
             they
             give
             you
             ,
             that
             they
             will
             not
             give
             away
             
               yours
               and
               you
            
             ,
             whose
             Bond
             in
             the
             eye
             of
             the
             Law
             will
             not
             betaken
             for
             40
             s
             ?
             but
             sure
             your
             own
             experience
             of
             what
             such
             
               young
               Green
               Persons
            
             have
             been
             and
             done
             in
             former
             Parliaments
             ,
             hath
             I
             hope
             learned
             you
             sufficient
             wisdom
             ,
             not
             to
             chuse
             the
             like
             again
             .
          
           
             9.
             
             Elect
             no
             prodigal
             or
             Voluptious
             persons
             ,
             for
             besides
             that
             such
             are
             not
             regular
             enough
             to
             be
             Law-makers
             ,
             they
             are
             commonly
             Idle
             ,
             and
             though
             possibly
             they
             
             may
             wish
             well
             to
             your
             Interest
             ,
             yet
             they
             will
             rather
             lose
             it
             than
             their
             Pleasures
             ,
             they
             will
             scarce
             leave
             one
             of
             their
             
               Nightly
               Revellings
            
             to
             give
             you
             their
             attendance
             and
             Service
             next
             day
             ,
             and
             therefore
             they
             are
             not
             to
             be
             relyed
             upon
             .
             And
             upon
             this
             occasion
             I
             shall
             borrow
             the
             words
             of
             
               an
               Author
            
             to
             whom
             I
             do
             not
             much
             desire
             to
             be
             beholden
             ;
             
               Some
               Senators
               are
               drawn
               from
               their
               duties
               by
               Pleasure
               ;
               perhaps
               a
               party
               at
            
             Tennis
             ,
             Bowles
             ,
             Cards
             ,
             a
             pack
             of
             Dogs
             ,
             a
             Cock-Fight
             ,
             or
             a
             Horse-match
             ,
             a
             Comedy
             ,
             a
             Good
             Fellow
             ,
             or
             a
             Mistress
             .
             
               And
               while
               they
               are
            
             thus
             employed
             ,
             the
             Vigilant
             faction
             steals
             a
             Vote
             that
             is
             worth
             a
             Kingdom
             .
             
               —
               Some
               again
               are
               so
               transported
               with
               the
               Vanity
               of
            
             Dress
             and
             Language
             ,
             
               that
               rather
               then
               serve
               the
               publick
               with
            
             one
             hair
             amiss
             ,
             
               or
               in
            
             one
             broken
             Period
             ,
             
               they
               'l
               let
               the
               publick
            
             perish
             ,
             Mallent
             Rempublicam
             turbari
             ,
             quam
             capillos
             .
             
               These
               ,
               while
               their
               Country
               lies
               at
            
             Stake
             ,
             are
             ordering
             
               of
               their
            
             heads
             ,
             and
             Polishing
             the
             Phrase
             ,
             shaping
             the
             parts
             
               of
               a
            
             Set-Speech
             ,
             till
             it
             is
             too
             late
             to
             use
             it
             .
             
               Nothing
               methinks
               does
               less
               beseem
               a
            
             Grave
             Assembly
             ,
             
               then
               this
            
             Facultatula
             Loquendi
             ;
             
               this
               same
            
             Rhetorical
             Twittle-twattle
             ;
             
               it
               spins
               out
               so
               much
               time
               in
            
             tedious
             Circumstance
             ,
             
               that
               it
               makes
               a
               man
               e'en
            
             sick
             
               of
               a
            
             good
             Cause
             ,
             
               and
               for
               the
               very
            
             form
             ,
             
               prejudge
               the
            
             Reason
             
               of
               it
               .
            
             —
             Sloth
             and
             Neglect
             ,
             
               are
               yet
               more
               dangerous
               in
               a
               Senator
               ,
               in
               regard
               of
            
             Surprizes
             
               from
               the
            
             Faction
             ,
             
               these
               think
               a
            
             wet
             day
             ,
             
               or
               a
            
             cold
             morning
             ,
             a
             sufficient
             discharge
             
               of
               their
            
             Attendance
             ;
             
               and
               while
               they
               are
               taking
            
             t'other
             Napp
             ,
             or
             t'other
             Bottle
             ,
             the
             Monarch
             
               perhaps
               has
               lost
               his
            
             Crown
             ,
             
               or
               the
            
             Subject
             his
             Liberty
             .
          
           
             9.
             
             Avoid
             all
             those
             that
             
               play
               the
               Protestants
               in
               Design
               ,
               and
               are
               indeed
               disguised
               Papists
               ,
            
             ready
             to
             pull
             off
             their
             mask
             on
             the
             first
             opportunity
             ,
             whenever
             time
             serves
             .
             You
             may
             know
             them
             by
             their
             swaggering
             for
             a
             Popish
             Successor
             to
             maintain
             the
             Protestant
             Religion
             ,
             Their
             
               Laughing
               at
               the
               Popish
               Plot
            
             ,
             and
             disgracing
             the
             Evidence
             of
             it
             ,
             and
             at
             the
             same
             time
             
             affirming
             (
             without
             any
             grounds
             )
             the
             
               reality
               of
               a
               Presbyterian
               Plot
            
             ;
             their
             associating
             with
             known
             Papists
             ,
             and
             winking
             at
             them
             ,
             but
             eager
             heats
             to
             put
             the
             Laws
             in
             .
             Execution
             with
             the
             utmost
             rigour
             upon
             Protestant
             Dissenters
             ;
             These
             are
             men
             whose
             affection
             for
             the
             Protestant
             Interest
             ,
             notwithstanding
             all
             their
             fair
             Speeches
             may
             justly
             be
             question'd
             ,
             since
             their
             practice
             gives
             their
             words
             the
             Lye
             ;
             nor
             will
             their
             large
             pretensions
             and
             seeming
             zeal
             for
             the
             Church
             of
             England
             ,
             at
             all
             prevail
             with
             wise
             men
             ;
             for
             we
             know
             the
             Papists
             themselves
             ,
             when
             't
             is
             for
             their
             Interest
             ,
             will
             pretend
             the
             same
             thing
             ,
             and
             speak
             fair
             of
             our
             Church
             ,
             and
             rail
             only
             upon
             the
             Fanaticks
             ;
             when
             yet
             in
             their
             hearts
             ,
             they
             hate
             our
             Church
             as
             much
             as
             they
             do
             any
             of
             the
             Sects
             ;
             Observe
             all
             their
             Pamphlets
             ,
             the
             noise
             is
             against
             the
             Presbyterians
             and
             Dissenters
             ,
             but
             't
             is
             with
             a
             design
             to
             destroy
             them
             first
             ,
             and
             the
             Church
             of
             England
             afterwards
             ;
             for
             when
             so
             great
             a
             body
             of
             Protestants
             are
             represented
             as
             Disloyal
             and
             Dangerous
             ,
             and
             Crusht
             and
             undone
             ,
             the
             Church
             of
             England-men
             will
             be
             left
             alone
             ,
             and
             then
             they
             hope
             to
             deal
             with
             them
             well
             enough
             ;
             and
             that
             this
             is
             their
             aim
             ,
             may
             be
             perceiv'd
             if
             you
             observe
             how
             zealous
             the
             Papists
             are
             to
             stirr
             up
             Prosecution
             against
             the
             Dissenters
             ,
             and
             none
             more
             Joyful
             when
             it
             goes
             on
             ,
             &c.
             
             Now
             what
             's
             all
             this
             for
             ?
             are
             they
             think
             you
             indeed
             and
             in
             earnest
             so
             very
             kind
             to
             the
             Church
             of
             England
             ?
             for
             what
             acqualntance
             ?
             No
             ,
             no
             ,
             't
             is
             all
             Dissimulation
             and
             Roguery
             ,
             a
             Design
             which
             they
             drive
             on
             first
             to
             divide
             and
             then
             to
             ruine
             us
             .
             Therefore
             beware
             how
             you
             chuse
             any
             such
             Tool
             as
             they
             make
             use
             of
             therein
             .
             The
             contrary
             ,
             are
             men
             that
             bless
             God
             for
             the
             most
             happy
             discovery
             of
             the
             Hellish
             Popish
             Plot
             ,
             and
             all
             their
             wicked
             shams
             ever
             since
             ,
             and
             would
             have
             the
             bottom
             thereof
             fairly
             searcht
             into
             ,
             and
             the
             Traitors
             ,
             though
             never
             so
             great
             or
             potent
             ,
             brought
             to
             Condign
             punishment
             ,
             and
             in
             their
             Conversation
             zealously
             direct
             themselves
             in
             an
             Opposition
             to
             the
             
               Papal
               Interest
            
             ,
             which
             indeed
             is
             a
             combination
             
             against
             
               good
               Sense
               ,
               Reason
            
             ,
             and
             Conscience
             ,
             and
             to
             Introduce
             a
             
               blind
               Obedience
            
             without
             (
             if
             not
             against
             )
             Conviction
             :
             And
             that
             Principle
             which
             Introduces
             
               Implicite
               Faith
               and
               blind
               Obedience
               in
               Religion
               ,
            
             will
             also
             Introduce
             
               Implicite
               Faith
               and
               blind
               Obedience
               in
               Government
               ,
            
             so
             that
             it
             shall
             be
             no
             more
             the
             Law
             in
             the
             one
             than
             in
             the
             other
             ,
             but
             the
             will
             and
             power
             of
             the
             Superiour
             that
             shall
             be
             the
             
               Rule
               and
               Bond
            
             of
             our
             Subjection
             ;
             this
             is
             that
             fatal
             mischief
             Popery
             brings
             with
             it
             to
             
               Civil
               Society
            
             ,
             and
             for
             which
             all
             such
             Societies
             ought
             to
             beware
             of
             it
             and
             its
             friends
             and
             Abetters
             ,
             which
             sure
             none
             can
             be
             ,
             but
             such
             who
             are
             design'd
             for
             Slaves
             by
             Nature
             as
             well
             as
             Fortune
             ,
             debaucht
             lew'd
             unthinking
             Animals
             ,
             properly
             enough
             called
             
               Tories
               ;
               Silly
               ,
               Servile
            
             ,
             yet
             conceited
             and
             Cruel
             ,
             Creatures
             altogether
             of
             an
             Irish
             understanding
             .
          
           
             10.
             
             As
             for
             you
             
               Citizens
               Burgesses
            
             and
             Freemen
             of
             Cities
             and
             Corporations
             in
             particular
             ,
             I
             shall
             only
             say
             ,
             That
             
               whoever
               is
               not
               fit
               to
               be
               chosen
               Knight
               of
               the
               Shire
               ,
               is
               likewise
               unfit
               to
               be
               chosen
               a
               Burgess
            
             ;
             Neither
             let
             the
             more
             specious
             pretences
             of
             any
             man
             that
             shall
             promise
             to
             build
             you
             a
             Town-Hall
             ,
             or
             
               Relieve
               you
               poor
            
             with
             mony
             ,
             or
             out
             of
             his
             Adjacent
             Woods
             ,
             or
             any
             such
             Good-morrows
             ,
             deceive
             you
             ;
             for
             if
             so
             ,
             wherein
             are
             you
             wiser
             than
             your
             Horses
             ,
             whom
             you
             catch
             every
             day
             ,
             and
             Clap
             a
             Bridle
             into
             their
             mouths
             ,
             only
             by
             shewing
             them
             a
             few
             Oats
             ,
             which
             they
             are
             never
             like
             to
             Eat
             ?
             Even
             the
             very
             Mice
             are
             too
             wise
             to
             be
             taken
             by
             an
             
               Old
               Bait
            
             ,
             but
             will
             first
             have
             the
             trap
             ●ew
             baited
             before
             they
             'le
             meddle
             :
             And
             yet
             I
             have
             known
             a
             Corporation
             which
             has
             been
             taken
             TWICE
             by
             the
             same
             bait
             .
             But
             suppose
             these
             men
             do
             really
             perform
             what
             they
             promise
             ,
             what
             Compensation
             is
             that
             ,
             if
             the
             same
             men
             should
             lay
             a
             good
             
               Swinging
               Tax
            
             upon
             your
             Estates
             without
             any
             real
             cause
             ?
             or
             should
             
               give
               up
            
             the
             very
             power
             you
             have
             of
             Taxing
             yourselves
             ,
             or
             sending
             your
             Representatives
             in
             Parliament
             ,
             (
             for
             one
             
               bad
               Parliament
            
             may
             ruiue
             us
             )
             what
             good
             
             would
             the
             money
             for
             your
             Poor
             do
             in
             such
             a
             case
             ,
             more
             than
             that
             when
             you
             are
             thereby
             reduced
             to
             beggery
             ,
             you
             might
             perhaps
             yourselves
             (
             the
             Gentry
             of
             the
             Country
             having
             no
             reason
             to
             releive
             you
             )
             be
             forc'd
             to
             comein
             for
             a
             
               small
               share
            
             of
             this
             their
             Hypocrital
             Charity
             ?
             An
             excellent
             Reward
             for
             
               Knavish
               Folly
            
             :
             Neither
             say
             —
             Oh!
             
               this
               is
               but
               one
               man
               ,
               and
               can
               have
               but
               one
               Vote
               ,
               he
               will
               do
               our
               Town
               a
               great
               deal
               of
               good
               ,
               and
               can
               do
               us
               but
               little
               hurt
               if
               he
               would
               ,
            
             &c.
             
             For
             ,
             1.
             (
             as
             I
             told
             you
             before
             )
             one
             or
             
               two
               Voices
            
             have
             sometimes
             carried
             a
             Vote
             of
             great
             Importance
             ;
             2.
             
             You
             know
             not
             what
             mischief
             your
             
               bad
               example
            
             may
             do
             in
             other
             Corporations
             ,
             and
             
               if
               all
            
             should
             do
             so
             ,
             what
             a
             miserable
             case
             would
             you
             be
             in
             ?
             Since
             the
             Voices
             of
             the
             Boroughs
             make
             two
             thirds
             of
             the
             House
             .
             Lastly
             ,
             no
             man
             can
             tell
             the
             Influence
             that
             
               one
               running
               Talkative
               Ill-man
            
             may
             get
             over
             the
             rest
             of
             the
             House
             ,
             especially
             over
             those
             that
             weigh
             words
             more
             than
             Sense
             ,
             or
             Reason
             ,
             and
             the
             Interest
             of
             their
             Countrey
             .
          
           
             
               Hitherto
               we
               have
               talked
               Negatives
               ,
               and
               described
               such
               as
               are
            
             not
             fit
             
               to
               be
               Chosen
               ;
               Now
               we
               came
               positively
               to
               set
               before
               you
               ,
               who
               are
               fit
               for
               such
               a
            
             Trust
             ,
             
               especially
               in
               such
               a
               dangerous
               Juncture
               as
               we
               are
               faln
               into
               .
               In
               order
               to
               which
               we
               must
               consider
               for
            
             what
             ends
             
               they
               serve
               ,
               and
               they
               are
               principally
            
             Two.
             
               The
               first
               is
               ,
               the
               preservation
               of
               our
               Religion
               from
               Popery
               ,
               the
               other
               is
               to
               preserve
               inviolable
               our
               Liberty
               and
               Property
               according
               to
               the
               known
               Laws
               of
               the
               Land
               ,
               without
               any
               giving
               way
               unto
               or
               Introduction
               of
               that
               Absolute
               and
               Arbitrary
               Rule
               practiced
               in
               Forreign
               Countreys
               ,
               which
               we
               are
               neither
               to
               imitate
               or
               regard
               —
               Therefore
               ,
            
          
           
             1.
             
             Take
             Care
             to
             Choose
             such
             as
             are
             well
             known
             to
             be
             
               men
               of
               good
               Consciences
               ,
               fearing
               God
               ,
            
             throughly
             Principled
             in
             the
             Protestant
             Religion
             ,
             and
             of
             high
             Resolution
             to
             maintain
             it
             with
             their
             Lives
             and
             Fortunes
             .
             
             And
             amongst
             these
             ,
             rather
             cast
             your
             Favour
             upon
             themof
             
               large
               Principles
            
             (
             I
             mean
             in
             matter
             of
             meer
             opinion
             )
             such
             as
             will
             not
             sacrifice
             their
             Neighbours
             Property
             and
             Civil
             Rights
             to
             the
             frowardness
             of
             their
             own
             Party
             in
             Religion
             .
             
               Narrow
               Souls
            
             ,
             that
             will
             own
             none
             but
             those
             that
             bear
             their
             own
             Image
             and
             superscription
             ,
             will
             sooner
             raise
             Persecution
             
               at
               home
            
             ,
             than
             secure
             us
             from
             Popery
             and
             Invasion
             from
             abroad
             .
             The
             
               great
               Interest
               of
               England
               at
               this
               day
               ,
               is
               ,
               to
               Tolerate
               the
               Tollerable
               ,
               to
               bear
               with
               the
               weak
               ,
               to
               encourage
               the
               Conscientious
               ,
               and
               to
               restrain
               none
               but
               such
               as
               would
               restrain
               all
               besides
               themselves
               .
            
          
           
             2.
             
             As
             we
             ought
             as
             near
             as
             we
             can
             possibly
             judge
             ,
             to
             Elect
             good
             
               Protestants
               towards
               God
               ,
               and
               just
               towards
               men
               ,
            
             yet
             since
             in
             this
             Corrupt
             Age
             wherein
             we
             Live
             ,
             men
             are
             not
             so
             spiritual
             as
             they
             ought
             to
             be
             ,
             it
             is
             not
             amiss
             to
             seek
             for
             those
             whose
             spiritual
             Interest
             is
             seconded
             by
             a
             Temporal
             one
             ;
             For
             though
             men
             talk
             high
             ,
             and
             keep
             a
             great
             Noise
             with
             Conscience
             and
             love
             to
             their
             Country
             ,
             yet
             when
             you
             understand
             Mankind
             aright
             (
             not
             as
             it
             should
             be
             ,
             but
             as
             it
             is
             ,
             and
             I
             fear
             ever
             will
             be
             )
             then
             you
             will
             find
             that
             private
             Interest
             is
             the
             string
             in
             the
             
               Bears
               Nose
            
             ,
             it
             is
             that
             Governs
             the
             Beast
             .
             And
             therefore
             the
             surest
             Champions
             for
             our
             Religion
             
               (
               Caeteris
               Paribus
            
             )
             against
             the
             Papacy
             are
             our
             
               Abby
               Landed-men
            
             ,
             for
             notwithstanding
             the
             Registred
             Dispensation
             to
             King
             Henry
             the
             Eighth
             from
             the
             Pope
             for
             the
             seizing
             of
             those
             Monasteries
             and
             Lands
             ,
             yet
             of
             late
             they
             pretend
             that
             the
             Pope
             had
             not
             Power
             to
             Alien
             them
             from
             the
             Church
             ,
             so
             that
             the
             present
             Possessors
             can
             never
             trust
             or
             rely
             upon
             that
             ,
             or
             any
             new
             promises
             or
             Actual
             Grants
             thereof
             ,
             especially
             from
             him
             whose
             everlasting
             and
             declared
             Maxime
             it
             is
             
               —
               Never
               to
               keep
               Faith
               with
               Hereticks
               .
            
             Undoubtedly
             to
             make
             easy
             his
             ascent
             into
             the
             Saddle
             he
             will
             proffer
             many
             Assurances
             and
             Grants
             ,
             but
             if
             these
             Abby-Landed
             men
             be
             not
             the
             most
             silly
             of
             all
             others
             ,
             they
             will
             never
             believe
             him
             .
             For
             when
             he
             
             is
             once
             firmly
             setled
             ,
             then
             will
             he
             with
             his
             
               Canon-Law
               Distinctions
            
             ,
             like
             Fire
             under
             Quicksilver
             ,
             Evaporate
             away
             all
             his
             Promises
             ,
             and
             violently
             Resume
             the
             Lands
             ,
             glorying
             of
             his
             own
             Bounty
             ,
             if
             he
             require
             not
             the
             mean
             profits
             ever
             since
             they
             have
             been
             sacriligiously
             with-held
             from
             Holy
             Church
             .
          
           
             3.
             
             Endeavour
             to
             Chuse
             men
             of
             Wisdom
             and
             Courage
             ,
             who
             will
             not
             be
             Hectored
             out
             of
             their
             Duties
             by
             the
             Frowns
             and
             Scowles
             of
             men
             :
             Never
             had
             you
             more
             need
             to
             pitch
             upon
             the
             old
             English
             Spirit
             ,
             that
             durst
             be
             faithfull
             and
             just
             against
             all
             Temptations
             .
             What
             a
             degenerate
             Race
             have
             we
             known
             ,
             that
             could
             never
             yet
             Resist
             Smile
             or
             Frown
             ,
             but
             tamely
             sunk
             below
             their
             own
             Convictions
             ,
             and
             knew
             the
             Evil
             ,
             they
             did
             ,
             yet
             durst
             not
             but
             Commit
             it
             ?
          
           
             4.
             
             Make
             it
             your
             business
             to
             Chuse
             such
             as
             are
             resolved
             to
             stand
             by
             and
             maintain
             the
             
               power
               and
               priviledges
               of
               Parliament
            
             (
             for
             they
             are
             the
             Heart-strings
             of
             the
             Common-Wealth
             )
             together
             with
             the
             power
             and
             just
             Rights
             of
             the
             King
             ,
             according
             to
             the
             Laws
             of
             the
             Kingdom
             ,
             so
             as
             the
             one
             may
             not
             Entrench
             upon
             the
             other
             .
             And
             such
             as
             with
             a
             becoming
             true
             
               English
               Courage
            
             will
             Prosecute
             all
             Traitors
             ,
             whether
             already
             Impeached
             ,
             or
             to
             be
             Impeached
             ;
             And
             to
             secure
             us
             from
             Popery
             hereafter
             ,
             and
             to
             get
             removed
             all
             
               Corrupt
               and
            
             Arbitrary
             
               Ministers
               of
               State
            
             ,
             and
             
               wicked
               Judges
            
             ,
             and
             stiflers
             of
             the
             discovery
             of
             the
             Popish
             Plot
             ,
             and
             Suborners
             ,
             and
             vile
             Pamphleteers
             ,
             that
             endeavour
             so
             industriously
             to
             Clear
             the
             Papists
             ,
             and
             expose
             the
             Protestant
             Religion
             ,
             and
             poison
             the
             People
             .
          
           
             Lastly
             ,
             Take
             particular
             notice
             of
             those
             who
             are
             
               men
               of
               Industry
               and
               Improvement
            
             ;
             for
             such
             as
             are
             Ingenious
             and
             laborious
             to
             propagate
             the
             growth
             and
             advantage
             of
             their
             Country
             ,
             will
             be
             very
             tender
             of
             yeilding
             to
             any
             thing
             that
             may
             weaken
             or
             Impoverish
             it
             .
          
           
             If
             you
             Conduct
             yourselves
             thus
             prudently
             ,
             honestly
             and
             gallantly
             ,
             in
             your
             Choice
             ,
             without
             putting
             the
             
             Gentlemen
             whom
             you
             chuse
             to
             serve
             you
             ,
             to
             charges
             ,
             the
             consequence
             will
             be
             ,
             that
             as
             you
             will
             be
             sure
             to
             have
             a
             
               good
               Parliament
            
             when
             ever
             His
             Majesty
             shall
             please
             to
             call
             one
             ,
             and
             such
             as
             will
             be
             zealous
             for
             the
             safety
             of
             the
             Protestant
             Religion
             ,
             and
             prosperity
             of
             the
             Nation
             ,
             if
             they
             shall
             continue
             to
             
               sit
               and
               Act
            
             ;
             so
             ,
             on
             the
             other
             side
             .
             If
             they
             should
             be
             Dissolv'd
             ,
             and
             never
             so
             many
             new
             Parliaments
             be
             called
             ,
             yet
             you
             run
             no
             hazard
             ,
             for
             the
             same
             Candidates
             will
             still
             be
             ready
             to
             serve
             you
             .
             And
             so
             we
             shall
             conclude
             our
             discourse
             of
             Parliaments
             ,
             when
             I
             shall
             first
             have
             observ'd
             that
             antiently
             
               all
               Freemen
               of
               England
            
             (
             though
             not
             Free-holders
             )
             had
             a
             right
             to
             chuse
             their
             Representatives
             till
             the
             same
             was
             altered
             and
             limited
             by
             the
             following
             Statute
             ,
             for
             the
             reasons
             therein
             mention'd
             .
          
        
         
           
             
               The
               Statute
               Anno
               8.
               
               Hen.
               6.
               
               Cap.
            
             7.
             
             What
             sort
             of
             men
             shall
             be
             Chusers
             ,
             and
             who
             shall
             be
             Chosen
             Knights
             of
             the
             Parliament
             .
          
           
             ITem
             ,
             
               whereas
               the
               Elections
               of
               Knights
               of
               Shires
               to
               come
               to
               the
               Parliaments
               of
               our
               Lord
               the
               King
               ,
               in
               many
               Counties
               of
               the
               Realm
               of
            
             England
             ,
             
               have
               now
               of
               late
               been
               made
               by
               very
               great
               ,
               Outragious
               and
            
             Excessive
             numbers
             
               of
               People
               ,
               dwelling
               within
               the
               same
               Counties
               of
               the
               Realm
               of
            
             England
             ,
             
               of
               the
               which
               most
               part
               was
               of
               people
               of
            
             small
             Substance
             ,
             
               and
               of
               no
               value
               ,
               whereof
            
             every
             one
             of
             them
             
               pretended
               a
               voice
               Equivalent
               ,
               as
               to
               such
               Elections
               to
               be
               made
               ,
               with
               the
               most
               worthy
               Knights
               and
               Esquires
               ,
               dwelling
               within
               the
               same
               Counties
               ,
               whereby
               Man
               Slaughter
               ,
               Riots
               ,
               Batteries
               ,
               and
               Divisions
               among
               the
               Gentlemen
               ,
               and
               other
               People
               of
               the
               same
               Counties
               shall
               very
               likely
               rise
               and
               be
               ,
               unless
               convenient
               and
               due
               Remedy
               be
               ,
               
               provided
               in
               this
               behalf
               :
               (
               2
               )
               our
               Lord
               the
               King
               considering
               the
               premises
               ,
               hath
               provided
               ,
               ordained
               and
               stablished
               by
               Authority
               of
               this
               present
               Parliament
               ,
               that
               the
            
             Knights
             
               of
               the
               Shires
               to
               be
               chosen
               within
               the
               said
               Realm
               of
            
             England
             
               to
               come
               to
               the
               Parliament
               of
               our
               Lord
               the
               King
               hereafter
               to
               be
               holden
               ,
               shall
               be
               chosen
               in
               every
               County
               of
               the
               Realm
               of
            
             England
             ,
             
               by
               People
               dwelling
               and
               resident
               in
               the
               same
               Counties
               ,
               whereof
               every
               one
               of
               them
               shall
               have
               Landor
               Tenement
               ,
               to
               the
               value
               of
            
             forty
             Shillings
             by
             the
             year
             ,
             
               at
               the
               least
               ,
               above
               all
               Charges
               ,
               (
               3
               )
               and
               that
               they
               which
               shall
               be
               so
               chosen
               shall
               be
               dwelling
               and
               resident
               within
               the
               same
               Counties
               :
               (
               4
               )
               and
               such
               as
               have
               the
               greatest
               number
               of
               them
               that
               may
               expend
               forty
               shillings
               by
               the
               year
               and
               above
               ,
               as
               afore
               is
               said
               ,
               shall
               be
               returned
               by
               the
               Sheriffs
               of
               every
               County
               ,
               Knights
               for
               Parliament
               ,
               by
               Indentures
               sealed
               betwixt
               the
               said
               Sheriffs
               and
               the
               said
               Chusers
               so
               to
               be
               made
               :
               (
               5
               )
               and
               every
               Sheriff
               of
               the
               Realm
               of
            
             England
             ,
             
               shall
               have
               power
               by
               the
               said
               authority
               to
               examine
               upon
               the
               Evangelists
               every
               such
               Chuser
               ,
               how
               much
               he
               may
               expend
               by
               the
               year
               :
               (
               6
               )
               and
               if
               any
               Sheriff
               returned
               Knights
               to
               come
               to
               the
               Parliament
               ,
               contrary
               to
               the
               said
               Ordinance
               ,
               the
               Justices
               of
               Assizes
               in
               their
               Sessions
               of
               Assizes
               shall
               have
               power
               by
               the
               authority
               aforesaid
               thereof
               to
               enquire
               ,
               (
               7
               )
               and
               if
               by
               inquest
               the
               same
               be
               found
               before
               the
               Justices
               and
               the
               Sheriff
               thereof
               be
               duly
               attainted
               ,
               that
               then
               the
               said
               Sheriff
               shall
               incur
               the
               pain
               of
               an
               hundred
               pounds
               ,
               to
               be
               paid
               to
               our
               Lord
               the
               King
               ,
               and
               also
               that
               he
               have
               Imprisonment
               by
               a
               year
               ,
               without
               being
               let
               to
               mainprise
               or
               bail
               (
               8
               )
               and
               that
               the
               Knights
               for
               the
               Parliament
               returned
               contrary
               to
               the
               said
               Ordinance
               ,
               shall
               lose
               their
               wages
               .
            
          
           
             
               Provided
               always
               ,
               that
               he
               which
               cannot
               expend
               forty
               Shillings
               by
               year
               ,
               as
               afore
               is
               said
               ,
               shall
               in
               no
               wise
               be
               Chuser
               of
               the
               Knights
               for
               the
               Parliament
               ;
               (
               2
               )
               and
               that
               in
               every
               Writ
               that
               shall
               hereafter
               go
               forth
               to
               the
               
               Sheriffs
               to
               chuse
               knights
               for
               the
               Parliament
               ,
               mention
               be
               made
               of
               the
               said
               Ordinances
               .
            
          
           
             
               Note
            
             
               
                 Though
                 this
                 Statute
                 make
                 the
                 penalty
                 on
                 a
              
               Sheriff
               
                 but
                 100
                 l.
                 for
                 a
                 false
              
               Return
               ,
               yet
               the
               House
               
                 may
                 further
                 punish
                 him
                 by
                 Imprisonment
              
               &c.
               
                 at
                 their
                 pleasure
                 by
                 the
                 Law
                 and
                 Custom
                 of
                 Parliaments
                 .
              
            
             
               
                 We
                 shall
                 now
                 proceed
                 to
                 certain
                 excellent
                 Laws
                 of
                 a
              
               latter
               Date
               ,
               
                 made
                 for
                 the
                 explanation
                 and
                 conservation
                 of
                 our
                 Liberties
                 ;
                 and
                 in
                 the
                 first
                 place
                 present
                 you
                 with
                 that
                 excellent
                 Petition
                 of
                 Right
                 ,
                 granted
                 by
                 King
              
               Charles
               
                 the
                 first
              
               .
            
          
        
      
       
         
           Anno
           Regni
           Caroli
           Regis
           Tertio
           .
           The
           PETITION
           exhibited
           to
           His
           Majesty
           by
           the
           Lords
           Spiritual
           and
           Temporal
           ,
           and
           Commons
           in
           this
           present
           Parliament
           assembled
           ,
           concerning
           diverse
           
             Rights
             and
             Liberties
          
           of
           the
           Subjects
           .
        
         
           
             
               
                 
                   To
                   the
                   Kings
                   most
                   excellent
                   Majesty
                   .
                
                 
                   HUmbly
                   shew
                   unto
                   our
                   Soveraign
                   Lord
                   the
                   King
                   ,
                   the
                   Lords
                   Spiritual
                   and
                   Temporal
                   and
                   Commons
                   in
                   Parliament
                   assembled
                   ,
                   That
                   whereas
                   it
                   is
                   declared
                   and
                   enacted
                   by
                   a
                   Statute
                   made
                   in
                   the
                   time
                   of
                   the
                   Reign
                   of
                   King
                   Edward
                   the
                   first
                   ,
                   commonly
                   called
                   
                     Statutum
                     de
                     Tallagio
                     non
                     Concedendo
                  
                   ,
                   that
                   no
                   Tallage
                   or
                   Aid
                   shall
                   be
                   laid
                   or
                   Levyed
                   by
                   the
                   King
                   or
                   his
                   Heirs
                   in
                   this
                   Realm
                   ,
                   without
                   the
                   
                     good
                     Will
                     and
                     Assent
                  
                   of
                   the
                   Arch-bishops
                   ,
                   Bishops
                   ,
                   Earles
                   ,
                   Barons
                   ,
                   Knights
                   ,
                   Burgesses
                   ,
                   and
                   other
                   the
                   Freemen
                   of
                   the
                   Commonalty
                   of
                   this
                   Realm
                   ;
                   (
                   2
                   )
                   and
                   by
                   authority
                   of
                   Parliament
                   holden
                   in
                   the
                   five
                   and
                   twentieth
                   year
                   of
                   the
                   Reign
                   of
                   King
                   Edward
                   the
                   third
                   ,
                   it
                   is
                   declared
                   
                   and
                   Enacted
                   ,
                   that
                   from
                   thenceforth
                   no
                   person
                   should
                   be
                   Compelled
                   to
                   make
                   any
                   Loans
                   to
                   the
                   King
                   against
                   his
                   Will
                   ,
                   because
                   such
                   Loans
                   were
                   against
                   Reason
                   ,
                   and
                   the
                   
                     Franchise
                     of
                     the
                     Land
                  
                   ;
                   (
                   3
                   )
                   And
                   by
                   other
                   Laws
                   of
                   the
                   Realm
                   it
                   is
                   provided
                   ,
                   that
                   none
                   should
                   be
                   Charged
                   by
                   any
                   Charges
                   or
                   Imposition
                   called
                   a
                   Benevolence
                   ,
                   nor
                   by
                   such
                   like
                   Charge
                   ,
                   (
                   4
                   )
                   By
                   which
                   the
                   Statute
                   before
                   mentioned
                   ,
                   and
                   othe
                   the
                   good
                   Laws
                   and
                   Statutes
                   of
                   this
                   Realm
                   ,
                   your
                   Subjects
                   have
                   
                     Inherited
                     this
                     Freedom
                  
                   ,
                   that
                   they
                   should
                   not
                   be
                   Compelled
                   to
                   Contribute
                   to
                   any
                   Tax
                   ,
                   Tallage
                   ,
                   Aid
                   ,
                   or
                   other
                   like
                   Charge
                   ,
                   
                     not
                     set
                     by
                     Common
                     Consent
                     in
                     Parliament
                     .
                  
                
                 
                   2.
                   
                   Yet
                   nevertheless
                   ,
                   of
                   late
                   divers
                   Commissions
                   directed
                   to
                   sundry
                   Commissioners
                   in
                   several
                   Counties
                   ,
                   with
                   Instructions
                   ,
                   have
                   Issued
                   ,
                   by
                   means
                   whereof
                   your
                   people
                   have
                   been
                   in
                   divers
                   places
                   Assembled
                   and
                   required
                   to
                   lend
                   certain
                   Sums
                   of
                   Money
                   unto
                   your
                   Mejesty
                   ,
                   and
                   many
                   of
                   them
                   ,
                   upon
                   their
                   refusal
                   so
                   to
                   do
                   ,
                   have
                   had
                   
                     an
                     Oath
                  
                   administred
                   unto
                   them
                   not
                   warrantable
                   by
                   the
                   Laws
                   or
                   Statutes
                   of
                   this
                   Realm
                   ,
                   and
                   have
                   been
                   Constrained
                   to
                   become
                   bound
                   to
                   make
                   Appearance
                   and
                   Attendance
                   before
                   your
                   
                     Privy
                     Council
                  
                   ,
                   and
                   in
                   other
                   places
                   ,
                   and
                   others
                   of
                   them
                   have
                   been
                   therefore
                   Imprisoned
                   Confined
                   and
                   sundry
                   other
                   ways
                   molested
                   and
                   disquieted
                   (
                   2
                   )
                   and
                   divers
                   other
                   Charges
                   have
                   been
                   laid
                   and
                   levyed
                   upon
                   your
                   people
                   in
                   several
                   Counties
                   by
                   Lord
                   Lieutenants
                   and
                   Deputy
                   Lieutenants
                   ,
                   Commissioners
                   for
                   Musters
                   ,
                   Justices
                   of
                   Peace
                   ,
                   and
                   others
                   ,
                   by
                   Command
                   or
                   direction
                   from
                   your
                   Majesty
                   to
                   your
                   Privy
                   Council
                   ,
                   against
                   the
                   Law
                   and
                   free
                   Customs
                   of
                   this
                   Realm
                   .
                
                 
                   3.
                   
                   And
                   where
                   also
                   by
                   the
                   Statute
                   called
                   the
                   
                     great
                     Charter
                  
                   of
                   the
                   Liberties
                   of
                   England
                   ,
                   it
                   is
                   declared
                   and
                   Enacted
                   ,
                   that
                   no
                   Freeman
                   may
                   be
                   taken
                   or
                   imprisoned
                   ,
                   or
                   be
                   disseised
                   of
                   his
                   Freehold
                   or
                   Liberties
                   ,
                   or
                   of
                   his
                   free
                   Customs
                   ,
                   or
                   be
                   outlawed
                   or
                   Exiled
                   ,
                   or
                   
                   in
                   any
                   manner
                   destroyed
                   ,
                   but
                   by
                   the
                   lawfull
                   Judgment
                   of
                   his
                   Peers
                   ,
                   or
                   by
                   the
                   Law
                   of
                   the
                   Land.
                   
                
                 
                   4.
                   
                   And
                   in
                   the
                   eight
                   and
                   twentieth
                   year
                   of
                   the
                   Reign
                   of
                   King
                   Edward
                   the
                   third
                   ,
                   it
                   was
                   declared
                   and
                   Enacted
                   by
                   Authority
                   of
                   Parliament
                   ,
                   that
                   no
                   man
                   of
                   what
                   Estate
                   or
                   Condition
                   that
                   he
                   be
                   ,
                   should
                   be
                   put
                   out
                   of
                   his
                   
                     Land
                     or
                     Tenements
                  
                   ,
                   nor
                   taken
                   nor
                   Imprisoned
                   ,
                   nor
                   disherited
                   ,
                   nor
                   put
                   to
                   death
                   ,
                   without
                   being
                   brought
                   to
                   answer
                   ,
                   by
                   due
                   process
                   of
                   Law.
                   
                
                 
                   5.
                   
                   Nevertheless
                   ,
                   against
                   the
                   tenor
                   of
                   the
                   said
                   Statutes
                   and
                   other
                   the
                   good
                   Laws
                   and
                   Statutes
                   of
                   your
                   Realm
                   to
                   that
                   end
                   provided
                   ,
                   diverse
                   of
                   your
                   Subjects
                   of
                   late
                   have
                   been
                   Imprisoned
                   without
                   any
                   cause
                   shewed
                   ;
                   (
                   2
                   )
                   and
                   when
                   for
                   their
                   deliverance
                   they
                   were
                   brought
                   before
                   Justices
                   by
                   your
                   Majesties
                   Writs
                   of
                   
                     Habeas
                     Corpus
                  
                   ,
                   there
                   to
                   undergo
                   and
                   receive
                   as
                   the
                   Court
                   should
                   order
                   ,
                   and
                   their
                   keepers
                   commanded
                   to
                   certify
                   the
                   causes
                   of
                   their
                   detainour
                   ,
                   no
                   cause
                   was
                   certifyed
                   ,
                   but
                   that
                   they
                   were
                   detained
                   by
                   your
                   Majesties
                   
                     special
                     command
                  
                   ,
                   signified
                   by
                   the
                   Lords
                   of
                   your
                   privy
                   Council
                   ,
                   and
                   yet
                   were
                   returned
                   back
                   to
                   several
                   prisons
                   without
                   being
                   charged
                   with
                   any
                   thing
                   ,
                   to
                   which
                   they
                   might
                   make
                   answer
                   according
                   to
                   the
                   Law.
                   
                
                 
                   6.
                   
                   Whereas
                   of
                   late
                   great
                   
                     Companies
                     of
                     Souldiers
                  
                   and
                   Mariners
                   have
                   been
                   dispersed
                   into
                   diverse
                   Counties
                   of
                   the
                   Realm
                   ,
                   and
                   the
                   Inhabitants
                   against
                   their
                   wills
                   ,
                   have
                   been
                   compelled
                   to
                   receive
                   them
                   into
                   
                     their
                     Houses
                  
                   ,
                   and
                   there
                   to
                   suffer
                   them
                   to
                   sojourn
                   ,
                   against
                   the
                   Laws
                   and
                   Customes
                   of
                   this
                   Realm
                   ,
                   and
                   to
                   the
                   great
                   grievance
                   and
                   vexation
                   of
                   the
                   People
                   .
                
                 
                   7.
                   
                   And
                   whereas
                   also
                   by
                   authority
                   of
                   Parliament
                   ,
                   and
                   in
                   the
                   five
                   and
                   twentieth
                   year
                   of
                   the
                   reign
                   of
                   King
                   Edward
                   the
                   third
                   ,
                   it
                   is
                   declared
                   and
                   enacted
                   ,
                   that
                   no
                   man
                   shall
                   be
                   forejudged
                   of
                   life
                   and
                   limb
                   ,
                   against
                   the
                   form
                   of
                   the
                   great
                   Charter
                   and
                   Law
                   of
                   the
                   Land
                   ;
                   (
                   2
                   )
                   and
                   by
                   the
                   said
                   great
                   Charter
                   and
                   other
                   the
                   Laws
                   and
                   Statutes
                   of
                   this
                   Your
                   Realm
                   ,
                   no
                   man
                   ought
                   to
                   
                   be
                   Judged
                   to
                   death
                   ,
                   but
                   by
                   the
                   Laws
                   established
                   in
                   this
                   your
                   Realm
                   ,
                   either
                   by
                   the
                   Customes
                   of
                   the
                   Realm
                   ,
                   or
                   by
                   Acts
                   of
                   Parliament
                   ;
                   (
                   3
                   )
                   And
                   whereas
                   no
                   offendor
                   of
                   what
                   kind
                   soever
                   ,
                   is
                   exempted
                   from
                   the
                   proceedings
                   to
                   be
                   used
                   ,
                   and
                   punishments
                   to
                   be
                   Inflicted
                   by
                   the
                   Laws
                   and
                   Statutes
                   of
                   this
                   your
                   Realm
                   ;
                   nevertheless
                   ,
                   of
                   late
                   diverse
                   Commissions
                   under
                   Your
                   Majesties
                   great
                   Seal
                   have
                   Issued
                   forth
                   ,
                   by
                   which
                   certain
                   persons
                   have
                   been
                   Assigned
                   and
                   appointed
                   Commisioners
                   ,
                   with
                   power
                   and
                   authority
                   to
                   proceed
                   within
                   the
                   Land
                   ,
                   according
                   to
                   the
                   Justice
                   of
                   
                     Martial
                     Law
                  
                   ,
                   against
                   such
                   Souldiers
                   and
                   Mariners
                   ,
                   or
                   other
                   dissolute
                   persons
                   joining
                   with
                   them
                   ,
                   as
                   should
                   commit
                   any
                   Murder
                   ,
                   Robbery
                   ,
                   Felony
                   ,
                   Mutiny
                   ,
                   or
                   other
                   Outrage
                   or
                   Misdemeanour
                   whatsoever
                   ,
                   and
                   by
                   such
                   summary
                   Course
                   and
                   Order
                   as
                   is
                   agreable
                   to
                   Martial
                   Law
                   ,
                   and
                   as
                   is
                   used
                   in
                   Armies
                   in
                   time
                   of
                   war
                   ,
                   to
                   proceed
                   to
                   the
                   Tryal
                   and
                   Condemnation
                   of
                   such
                   Offeuders
                   ,
                   and
                   them
                   to
                   cause
                   to
                   be
                   executed
                   and
                   put
                   to
                   death
                   according
                   to
                   the
                   Law
                   Martial
                   .
                
                 
                   8.
                   
                   By
                   Pretext
                   whereof
                   some
                   of
                   your
                   Majesties
                   Subjects
                   have
                   been
                   by
                   some
                   of
                   the
                   said
                   Commissioners
                   
                     put
                     to
                     death
                  
                   ,
                   when
                   and
                   where
                   ,
                   if
                   by
                   the
                   Laws
                   and
                   Statutes
                   of
                   the
                   Land
                   they
                   had
                   deserved
                   death
                   ,
                   by
                   the
                   same
                   Laws
                   and
                   Statutes
                   also
                   they
                   might
                   ,
                   and
                   by
                   no
                   other
                   ought
                   to
                   have
                   been
                   Judged
                   and
                   Executed
                   .
                
                 
                   9.
                   
                   And
                   also
                   sundry
                   greivous
                   offenders
                   ,
                   by
                   colour
                   thereof
                   ,
                   claiming
                   an
                   exemption
                   ,
                   have
                   Escaped
                   the
                   punishments
                   due
                   to
                   them
                   by
                   the
                   Laws
                   and
                   Statute
                   of
                   this
                   your
                   Realm
                   by
                   reason
                   that
                   divers
                   of
                   your
                   Officers
                   and
                   Ministers
                   of
                   Justice
                   have
                   unjustly
                   refused
                   or
                   forborne
                   to
                   proceed
                   against
                   such
                   Offenders
                   according
                   to
                   the
                   same
                   Laws
                   and
                   Statutes
                   ,
                   upon
                   pretence
                   that
                   the
                   said
                   Offenders
                   were
                   punishable
                   
                     only
                     by
                     Martial
                     Law
                  
                   ,
                   and
                   by
                   Authority
                   of
                   such
                   Commission
                   as
                   aforesaid
                   ;
                   (
                   2
                   )
                   which
                   Commissions
                   ,
                   and
                   all
                   other
                   of
                   like
                   nature
                   ,
                   are
                   wholly
                   and
                   directly
                   Contrary
                   to
                   the
                   said
                   Laws
                   and
                   Statutes
                   of
                   this
                   your
                   Realm
                   .
                
                 
                   10.
                   
                   They
                   do
                   therefore
                   humbly
                   pray
                   your
                   most
                   Excellent
                   Maiesty
                   ,
                   that
                   no
                   man
                   hereafter
                   be
                   compelled
                   to
                   make
                   or
                   yield
                   any
                   
                     Gift
                     ,
                     Loan
                     ,
                     Benevolence
                     ,
                     Tax
                     ,
                  
                   or
                   such
                   like
                   Charge
                   ,
                   without
                   Common
                   consent
                   by
                   act
                   of
                   Parliament
                   ;
                   (
                   2
                   )
                   and
                   that
                   none
                   be
                   called
                   to
                   make
                   answer
                   ,
                   or
                   take
                   such
                   oath
                   ,
                   or
                   to
                   give
                   attendance
                   ,
                   or
                   be
                   confined
                   ,
                   or
                   otherwise
                   molested
                   or
                   disquieted
                   concerning
                   the
                   same
                   ,
                   or
                   for
                   refusal
                   thereof
                   ;
                   (
                   3
                   )
                   and
                   that
                   no
                   Freeman
                   in
                   any
                   such
                   manner
                   as
                   is
                   before
                   mentioned
                   be
                   Imprisoned
                   or
                   detained
                   ;
                   (
                   4
                   )
                   And
                   that
                   your
                   Majesty
                   would
                   be
                   pleased
                   to
                   remove
                   the
                   said
                   Souldiers
                   and
                   Mariners
                   ,
                   and
                   that
                   your
                   people
                   may
                   not
                   be
                   so
                   burthened
                   in
                   time
                   to
                   come
                   ;
                   (
                   5
                   )
                   and
                   that
                   the
                   foresaid
                   Commissions
                   for
                   proceeding
                   by
                   Martial
                   Law
                   ,
                   may
                   be
                   revoked
                   and
                   annulled
                   ;
                   and
                   that
                   hereafter
                   no
                   Commissions
                   of
                   like
                   nature
                   may
                   Issue
                   forth
                   to
                   any
                   person
                   or
                   persons
                   whatsoever
                   to
                   be
                   executed
                   as
                   aforesaid
                   ,
                   lest
                   by
                   colour
                   of
                   them
                   ,
                   any
                   of
                   your
                   Majesties
                   Subjects
                   be
                   destroyed
                   ,
                   or
                   put
                   to
                   death
                   contrary
                   to
                   the
                   Laws
                   and
                   Franchise
                   of
                   the
                   Land.
                   
                
                 
                 
                   11.
                   
                   All
                   which
                   they
                   most
                   humbly
                   pray
                   of
                   your
                   most
                   Excellent
                   Majesty
                   ,
                   
                     as
                     their
                     Rights
                     and
                     Liberties
                  
                   ,
                   according
                   to
                   the
                   Laws
                   and
                   Statutes
                   of
                   this
                   Realm
                   ,
                   and
                   that
                   your
                   Majestie
                   would
                   also
                   vouchsafe
                   to
                   declare
                   ,
                   that
                   the
                   awards
                   ,
                   doings
                   and
                   proceedings
                   to
                   the
                   prejudice
                   of
                   your
                   people
                   in
                   any
                   of
                   the
                   premisses
                   ,
                   shall
                   not
                   be
                   drawn
                   hereafter
                   into
                   Consequence
                   or
                   Example
                   ;
                   (
                   2
                   )
                   and
                   that
                   your
                   Majesty
                   would
                   be
                   also
                   graciously
                   pleased
                   for
                   the
                   further
                   comfort
                   and
                   safety
                   of
                   your
                   people
                   ,
                   to
                   declare
                   your
                   Royal
                   Will
                   and
                   Pleasure
                   ,
                   that
                   in
                   the
                   things
                   aforesaid
                   ,
                   all
                   your
                   Officers
                   and
                   Ministers
                   shall
                   serve
                   you
                   according
                   to
                   the
                   Laws
                   and
                   Statutes
                   of
                   this
                   Realm
                   ,
                   as
                   they
                   tender
                   the
                   honour
                   of
                   Your
                   Majesty
                   and
                   the
                   prosperity
                   of
                   this
                   Kingdom
                   .
                
              
            
          
        
         
           Which
           Petition
           be●ng
           Read
           ,
           the
           second
           of
           June
           ,
           1682.
           the
           Kings
           Answer
           was
           thus
           delivered
           unto
           it
           .
        
         
           
             
               The
               King
               willeth
               ,
               that
               Right
               be
               done
               ,
               according
               to
               the
               Laws
               and
               Customs
               of
               the
               Realm
               ,
               and
               that
               the
               Statutes
               be
               put
               in
               due
               Execution
               ,
               that
               His
               Subjects
               may
               have
               no
               Cause
               to
               complain
               of
               any
               wrong
               ,
               or
               oppressions
               ,
               contrary
               to
               their
               just
               Rights
               and
               Liberties
               :
               To
               the
               Preservation
               whereof
               ,
               he
               holds
               himself
               in
               Conscience
               as
               well
               obliged
               ,
               as
               of
               his
               Prerogative
               .
            
          
        
         
           But
           this
           Answer
           not
           giving
           satisfaction
           ,
           the
           King
           was
           again
           Petitioned
           unto
           ,
           that
           he
           would
           give
           a
           full
           and
           satisfactory
           answer
           to
           their
           Petition
           in
           full
           Parlinment
           —
           Whereupon
           the
           King
           in
           Person
           ,
           upon
           the
           seventh
           of
           June
           ,
           made
           this
           Second
           Answer
           ,
        
         
           
             
               My
               Lords
               and
               Gentlemen
            
             !
          
           
             
               The
               Answer
               I
               have
               already
               given
               you
               ,
               was
               made
               with
               so
               good
               Deliberation
               ,
               and
               approved
               by
               the
               Judgment
               of
               so
               many
               Wise
               Men
               ,
            
             that
             I
             could
             not
             have
             Imagined
             ,
             but
             that
             it
             should
             have
             given
             you
             full
             satisfaction
             ;
             but
             to
             avoid
             all
             ambiguous
             Interpretations
             ,
             and
             to
             shew
             you
             that
             there
             is
             no
             doubleness
             in
             my
             meaning
             ,
             I
             am
             willing
             to
             please
             you
             
               in
               words
            
             ,
             as
             well
             as
             in
             substance
             ;
             read
             your
             Petition
             ,
             and
             you
             shall
             have
             an
             Answer
             that
             I
             am
             sure
             will
             please
             you
             .
          
        
         
           And
           then
           causing
           the
           Petition
           to
           be
           read
           distinctly
           by
           the
           Clerk
           of
           the
           Crown
           ,
           the
           Clerk
           of
           the
           Parliament
           read
           the
           Kings
           Answer
           thereto
           in
           these
           words
           ,
           
             
               Soit
               Droit
               Fait
               ,
               Come
               est
               desire
               ,
            
          
           which
           is
           ,
           
             Let
             Right
             be
             done
             as
             is
             desired
             .
          
        
         
           This
           Answer
           ,
           and
           the
           manner
           of
           Confirming
           this
           Law
           ,
           I
           have
           the
           rather
           recited
           ,
           because
           the
           Kings
           Answer
           and
           Circumstances
           relating
           thereunto
           ,
           are
           wholly
           left
           out
           in
           our
           last
           Printed
           
             Book
             of
             Statutes
          
           .
        
         
           The
           Petition
           it self
           is
           so
           plain
           that
           there
           needs
           no
           Comment
           thereon
           ,
           only
           the
           Reader
           may
           observe
           that
           the
           things
           therein
           mentioned
           were
           the
           antient
           Rights
           of
           the
           people
           ,
           and
           therefore
           they
           expresly
           demand
           them
           of
           the
           King
           
             as
             their
             Rights
             and
             Liberties
          
           .
        
         
           In
           the
           next
           place
           we
           shall
           add
           ,
           the
           late
           excellent
           
             Habeas
             Corpus
             Act
          
           ,
           because
           relating
           to
           the
           same
           Subject
           ,
           viz.
           The
           freeing
           of
           the
           Subject
           from
           causeless
           tedious
           and
           Arbitrary
           Imprisonments
           .
        
      
       
         
         
           
             Anno
             Tricesimo
             primo
             Caroli
             Secundi
             Regis
             .
          
           
             
               
                 CHAP.
                 II.
              
               An
               Act
               for
               the
               better
               securing
               the
               Liberty
               of
               the
               Subjest
               ,
               and
               for
               prevention
               of
               Imprisonments
               beyond
               Seas
               .
               Comonly
               called
               
                 the
                 Habeas
                 Corpus
                 Act.
              
               
            
             
               I.
               VVHereas
               great
               delays
               have
               been
               used
               by
               Sheriffs
               ,
               Goalers
               ,
               and
               other
               Officers
               to
               whose
               Custody
               any
               of
               the
               Kings
               Subjects
               have
               been
               committed
               for
               Criminal
               ,
               or
               supposed
               Criminal
               matters
               ,
               in
               making
               Returns
               of
               Writs
               of
               
                 Habeas
                 Corpus
              
               to
               them
               directed
               ,
               by
               standing
               out
               an
               Alias
               ,
               and
               
                 Pluries
                 ,
                 Habeas
                 Corpus
              
               ,
               and
               sometimes
               more
               ,
               and
               by
               other
               shifts
               ,
               to
               avoid
               their
               yielding
               obedience
               to
               such
               Writs
               ,
               contrary
               to
               their
               duty
               ,
               and
               the
               known
               Laws
               of
               the
               Land
               ,
               whereby
               many
               of
               the
               Kings
               Subjects
               have
               been
               ,
               and
               hereafter
               may
               be
               long
               detained
               in
               Prison
               ,
               in
               such
               Cases
               where
               by
               Law
               they
               are
               Bailable
               ,
               to
               their
               great
               Charges
               and
               Vexation
               .
            
             
               II.
               For
               the
               prevention
               whereof
               ,
               and
               the
               more
               speedy
               relief
               of
               all
               persons
               Imprisoned
               for
               any
               such
               Criminal
               ,
               or
               supposed
               Criminal
               matters
               .
               (
               2
               )
               Be
               it
               Enacted
               by
               the
               Kings
               most
               Excellent
               Majesty
               ,
               by
               and
               with
               the
               Advice
               and
               Consent
               of
               the
               Lords
               Spiritual
               ,
               and
               Temporal
               ,
               and
               Commons
               in
               this
               present
               Parliament
               Assembled
               ,
               and
               by
               the
               Authority
               thereof
               ,
               That
               whensoever
               any
               person
               or
               persons
               shall
               bring
               any
               
                 Habeas
                 Corpus
              
               directed
               unto
               any
               Sheriff
               or
               Sheriffs
               ,
               Goaler
               ,
               Minister
               or
               other
               person
               whatsoever
               ,
               for
               any
               person
               in
               his
               or
               their
               Custody
               ,
               and
               the
               said
               Writ
               shall
               be
               served
               upon
               the
               said
               Officer
               ,
               or
               left
               at
               the
               Goal
               or
               Prison
               with
               any
               of
               the
               under
               Officers
               ,
               under
               Keepers
               ,
               or
               Deputy
               of
               the
               said
               Officers
               or
               Keepers
               ,
               that
               the
               said
               Officer
               or
               Officers
               his
               or
               their
               under
               Officers
               or
               Keepers
               or
               Deputies
               ,
               
               shall
               within
               three
               days
               after
               the
               service
               thereof
               ,
               as
               aforesaid
               (
               unless
               the
               Commitment
               aforesaid
               were
               for
               Treason
               or
               Felony
               ,
               plainly
               and
               specially
               expressed
               in
               the
               Warrant
               of
               Commitment
               )
               upon
               payment
               or
               tender
               of
               the
               Charges
               of
               bringing
               the
               said
               Prisoner
               to
               be
               Ascertained
               be
               the
               Judge
               or
               Court
               that
               awarded
               the
               same
               ,
               and
               Endorsed
               upon
               the
               said
               Writ
               ,
               not
               exceeding
               twelve
               pence
               per
               Mile
               ,
               and
               upon
               security
               given
               by
               his
               own
               Bond
               to
               pay
               the
               Charges
               of
               carrying
               back
               the
               Prisoner
               ,
               if
               he
               shall
               be
               Remanded
               by
               the
               Court
               or
               Judge
               ,
               to
               which
               he
               shall
               be
               brought
               ,
               according
               to
               the
               true
               intent
               of
               this
               present
               Act
               ,
               and
               that
               he
               will
               not
               make
               any
               Escape
               by
               the
               way
               ,
               make
               Return
               of
               such
               Writ
               .
               (
               3
               )
               And
               bring
               or
               cause
               to
               be
               brought
               the
               Body
               ,
               of
               the
               party
               so
               Committed
               or
               Restrained
               ,
               unto
               ,
               or
               before
               ,
               the
               Lord
               Chancellor
               ,
               or
               Lord
               Keeper
               of
               the
               Great
               Seal
               of
               England
               for
               the
               time
               being
               ,
               or
               the
               Judges
               or
               Barons
               of
               the
               said
               Court
               from
               whence
               the
               said
               Writ
               shall
               Issue
               ,
               or
               unto
               and
               before
               such
               other
               person
               or
               persons
               before
               whom
               the
               said
               Writ
               is
               made
               returnable
               ,
               according
               to
               the
               Command
               thereof
               :
               (
               4
               )
               And
               shall
               then
               likewise
               certifie
               the
               true
               Causes
               of
               his
               Detainer
               ,
               or
               Imprisonment
               ,
               unless
               the
               Commitment
               of
               the
               said
               party
               be
               in
               any
               place
               beyond
               the
               distance
               of
               twenty
               Miles
               from
               the
               place
               or
               places
               ,
               where
               such
               Court
               or
               Person
               is
               or
               shall
               be
               Residing
               :
               and
               if
               beyond
               the
               distance
               of
               twenty
               Miles
               ,
               and
               not
               above
               one
               hundred
               Miles
               ,
               than
               within
               the
               space
               of
               twenty
               days
               after
               such
               the
               delivery
               aforesaid
               ,
               and
               not
               longer
               .
            
             
               III.
               And
               to
               the
               Intent
               that
               no
               Sheriff
               ,
               Goaler
               ,
               or
               other
               Officer
               may
               pretend
               ignorance
               of
               the
               import
               of
               any
               such
               Writ
               .
               (
               2
               )
               Be
               it
               Enacted
               by
               the
               Authority
               aforesaid
               ,
               That
               all
               such
               Writs
               shall
               be
               marked
               in
               this
               manner
               ,
               
                 Perstatutum
                 Tricesimo
                 primo
              
               Caroli
               
                 Secundi
                 Regis
              
               ,
               and
               shall
               be
               signed
               by
               the
               person
               that
               Awards
               the
               same
               .
               (
               3
               )
               And
               if
               any
               person
               or
               persons
               shall
               be
               ,
               or
               stand
               Committed
               or
               
               Detained
               as
               aforesaid
               ,
               for
               any
               Crime
               ,
               unless
               ,
               for
               Fel●ny
               or
               Treason
               ,
               plainly
               expressed
               in
               the
               Warrant
               of
               Commitment
               ,
               in
               the
               Vacation
               time
               ,
               and
               out
               of
               Term
               ,
               it
               shall
               and
               may
               be
               lawful
               to
               and
               for
               the
               person
               or
               persons
               so
               Committed
               or
               Detained
               (
               other
               than
               persons
               Convict
               ,
               or
               in
               Execution
               )
               by
               Legal
               Process
               ,
               or
               any
               one
               on
               his
               or
               their
               behalf
               to
               Appeal
               ,
               or
               complain
               to
               the
               Lord
               Chancellor
               ,
               or
               Lord
               Keeper
               ,
               or
               any
               one
               of
               His
               Majesties
               Justices
               either
               of
               the
               one
               Bench
               ,
               or
               of
               the
               other
               ,
               or
               the
               Barons
               of
               the
               Exchequer
               of
               the
               degree
               of
               the
               Coif
               .
               (
               3
               )
               And
               the
               said
               Lord
               Chancellor
               ,
               Lord
               Keeper
               ,
               Instices
               ,
               or
               Barons
               ,
               or
               any
               of
               them
               ,
               upon
               view
               of
               the
               Copy
               or
               Copies
               of
               the
               Warrant
               or
               Warrants
               of
               Commitment
               and
               Detainer
               ,
               or
               otherwise
               upon
               Oath
               made
               ,
               that
               such
               Copy
               or
               Copies
               were
               denied
               to
               be
               given
               by
               such
               person
               or
               persons
               ,
               or
               any
               on
               his
               ,
               her
               ,
               or
               their
               behalf
               ,
               attested
               and
               subscribed
               by
               two
               Witnesses
               ,
               who
               were
               present
               at
               the
               delivery
               of
               the
               same
               ,
               to
               award
               and
               grant
               an
               
                 Habeas
                 Corpus
              
               under
               the
               Seal
               of
               such
               Court
               whereof
               he
               shall
               then
               be
               one
               of
               the
               Judges
               .
               (
               5
               )
               To
               be
               directed
               to
               the
               Officer
               or
               Officers
               in
               whose
               Custody
               the
               party
               so
               Committed
               or
               Detained
               ,
               shall
               be
               returnable
               immediately
               before
               the
               said
               Lord
               Chancellor
               or
               Lord
               Keeper
               ,
               or
               such
               Justice
               ,
               Baron
               ,
               or
               any
               other
               Justice
               or
               Baron
               of
               the
               Degree
               of
               the
               Coif
               of
               any
               of
               the
               said
               Courts
               .
               (
               6
               )
               And
               upon
               service
               thereof
               as
               aforesaid
               ,
               the
               Officer
               or
               Officers
               ,
               his
               or
               their
               under
               Officer
               or
               under
               Officers
               ,
               under
               Keeper
               or
               under
               Keepers
               ,
               or
               Deputy
               to
               whose
               Custody
               the
               party
               is
               so
               Committed
               or
               Detained
               ,
               shall
               within
               the
               times
               respectively
               before
               limited
               ,
               bring
               such
               Prisoner
               or
               Prisoners
               before
               the
               said
               Lord
               Chancellor
               or
               Lord
               Keeper
               ,
               or
               such
               Justices
               ,
               Barons
               ,
               or
               one
               of
               them
               ,
               before
               whom
               the
               said
               Writ
               is
               made
               Return
               able
               ,
               and
               in
               case
               of
               his
               absence
               ,
               before
               any
               other
               of
               them
               ,
               with
               the
               Return
               of
               such
               Writ
               ,
               and
               the
               true
               Causes
               of
               the
               Commitment
               ,
               and
               Detainer
               .
               (
               7
               )
               And
               
               thereupon
               within
               two
               days
               after
               the
               party
               shall
               be
               brought
               before
               them
               ,
               the
               said
               Lord
               Chancellor
               or
               Lord
               Keeper
               ,
               or
               such
               Justice
               or
               Baron
               before
               whom
               the
               Prisoner
               shall
               be
               brought
               as
               aforesaid
               ,
               shall
               discharge
               the
               said
               Prisoner
               from
               his
               Imprisonment
               ,
               taking
               his
               or
               their
               Recognizance
               ,
               with
               one
               or
               more
               surety
               or
               sureties
               in
               any
               sum
               ,
               according
               to
               their
               discretion
               ,
               having
               regard
               to
               the
               Quality
               of
               the
               Prisoner
               ,
               and
               Nature
               of
               the
               Offence
               ,
               for
               his
               or
               their
               appearance
               in
               the
               Court
               of
               Kings
               Bench
               the
               Term
               following
               ,
               or
               at
               the
               next
               Assizes
               ,
               Sessions
               ,
               or
               General
               Goal-delivery
               of
               and
               for
               such
               County
               ,
               City
               ,
               or
               Place
               ,
               where
               the
               Commitment
               was
               ,
               or
               where
               the
               Offence
               was
               Committed
               ,
               or
               in
               such
               other
               Court
               where
               the
               said
               Offence
               is
               properly
               Recognizable
               ,
               as
               the
               Case
               shall
               require
               ,
               and
               then
               shall
               Certifie
               the
               said
               Writ
               ,
               with
               the
               Return
               thereof
               ,
               and
               the
               said
               Recognizance
               or
               Recognizances
               ,
               into
               the
               said
               Court
               ,
               where
               such
               appearance
               is
               to
               be
               made
               .
               (
               6
               )
               Unless
               it
               shall
               appear
               ,
               unto
               the
               said
               Lord
               Chancellor
               ,
               or
               Lord
               Keeper
               ,
               or
               Justice
               or
               Justices
               ,
               Baron
               or
               Barons
               ,
               that
               the
               party
               so
               Committed
               is
               Detained
               upon
               a
               Legal
               Process
               ,
               Order
               ,
               or
               Warrant
               out
               of
               some
               Court
               that
               hath
               Jurisdiction
               of
               Criminal
               matters
               ,
               or
               by
               some
               Warrant
               Signed
               and
               Sealed
               with
               the
               Hand
               and
               Seal
               of
               any
               of
               the
               said
               Justices
               or
               Barons
               ,
               or
               some
               Justice
               or
               Justices
               of
               the
               Peace
               ,
               for
               such
               matters
               or
               offences
               for
               the
               which
               by
               the
               Law
               the
               Prisoner
               is
               not
               Bailable
               .
            
             
               IV.
               Provided
               always
               ,
               and
               be
               it
               Enacted
               ,
               That
               if
               any
               person
               shall
               have
               wilfully
               neglected
               by
               the
               space
               of
               two
               whole
               Terms
               after
               his
               Imprisonment
               ,
               to
               pray
               a
               
                 Habeas
                 Corpus
              
               for
               his
               Enlargement
               ,
               such
               person
               so
               wilfully
               neglecting
               ,
               shall
               not
               have
               any
               
                 Habeas
                 Corpus
              
               to
               be
               granted
               in
               Vacation
               time
               in
               pursuance
               of
               this
               Act.
               
            
             
               V.
               Be
               it
               further
               Enacted
               by
               the
               Authority
               aforesaid
               ,
               That
               if
               any
               Officer
               or
               Officers
               ,
               his
               or
               their
               
               Under-Officer
               ,
               Under-Officers
               ,
               Under-Keeper
               ,
               or
               Under-Keepers
               ,
               or
               Deputy
               ,
               shall
               neglect
               or
               Refuse
               to
               make
               the
               Returns
               aforesaid
               ,
               or
               to
               Bring
               the
               Body
               or
               Bodies
               of
               the
               Prisoner
               or
               Prisoners
               according
               to
               the
               Command
               of
               the
               said
               Writ
               ,
               within
               the
               Respective
               times
               aforesaid
               ,
               or
               upon
               demand
               made
               by
               the
               Prisoner
               ,
               or
               Person
               in
               his
               Behalf
               ;
               shall
               Resuse
               to
               deliver
               or
               within
               the
               space
               of
               six
               hours
               after
               demand
               ,
               shall
               not
               deliver
               to
               the
               Person
               so
               demanding
               ,
               a
               true
               Copy
               of
               the
               Warrant
               or
               Warrants
               of
               Commitment
               and
               detainer
               of
               such
               Prisoner
               ,
               which
               he
               or
               they
               are
               hereby
               Required
               to
               deliver
               accordingly
               ,
               all
               and
               every
               the
               Head
               Gaolers
               ,
               and
               Keepers
               of
               such
               Prisons
               ,
               and
               such
               other
               Person
               ,
               in
               whose
               Custody
               the
               Prisoner
               shall
               be
               detained
               ,
               shall
               for
               the
               first
               Offence
               forfeit
               to
               the
               Prisoner
               or
               Party
               Grieved
               .
               the
               sum
               of
               one
               hundred
               pounds
               ;
               (
               2.
               )
               And
               for
               the
               second
               Offence
               ,
               the
               sum
               of
               two
               hundred
               pounds
               ,
               and
               shall
               and
               is
               hereby
               made
               Incapable
               to
               Hold
               or
               Execute
               his
               said
               Office
               ;
               (
               3.
               )
               the
               said
               penalties
               to
               be
               Recovered
               by
               the
               Prisoner
               or
               Party
               grieved
               ,
               his
               Executors
               or
               Administrators
               ,
               against
               such
               Offenders
               ,
               his
               Executors
               or
               Administrators
               ,
               by
               any
               Action
               of
               Debt
               ,
               Suit
               ,
               Bill
               ,
               plaint
               or
               Information
               ,
               in
               any
               of
               the
               King's
               Courts
               at
               Westmin
               .
               wherein
               no
               Essoign
               ,
               Protection
               ,
               priviledge
               Injunction
               ,
               Wager
               of
               Law
               ,
               or
               stay
               of
               Prosecution
               by
               
                 Non
                 vult
                 ulterius
                 prosequi
              
               ,
               or
               otherwise
               ,
               shall
               be
               Admitted
               or
               Allowed
               ,
               or
               any
               more
               than
               one
               Imparlance
               (
               4.
               )
               And
               any
               Recovery
               or
               Judgment
               at
               the
               Suit
               of
               any
               Party
               Grieved
               ,
               shall
               be
               a
               sufficient
               Conviction
               for
               the
               first
               Offence
               ;
               and
               any
               after
               Recovery
               or
               Judgment
               at
               the
               suit
               of
               a
               Party
               Grieved
               for
               any
               Offence
               after
               the
               first
               Judgment
               ,
               shall
               be
               a
               sufficient
               Conviction
               to
               Bring
               the
               Officers
               or
               Person
               within
               the
               said
               penalty
               for
               the
               second
               Offence
               .
            
             
               6.
               
               And
               for
               the
               prevention
               of
               unjust
               Vexation
               by
               Reiterated
               Commitments
               for
               the
               same
               ;
               (
               2.
               )
               Be
               it
               Enacted
               by
               the
               Authority
               aforesaid
               ,
               That
               no
               Person
               
               or
               Persons
               which
               shall
               be
               delivered
               or
               set
               at
               Large
               upon
               any
               
                 Habeas
                 Corpus
              
               ,
               shall
               at
               any
               time
               hereafter
               be
               again
               Imprisoned
               or
               Committed
               for
               the
               same
               Offence
               ,
               by
               any
               Person
               or
               Persons
               whatsoever
               ,
               other
               than
               by
               the
               Legal
               order
               ,
               and
               process
               of
               such
               Court
               wherein
               he
               ,
               or
               they
               shall
               be
               Bound
               by
               Recognizance
               to
               appear
               ,
               or
               other
               Court
               having
               Jurisdiction
               of
               the
               Cause
               ;
               (
               3.
               )
               And
               if
               any
               other
               Person
               or
               Persons
               shall
               knowingly
               contrary
               to
               this
               Act
               Recommit
               ,
               or
               Imprison
               ,
               or
               knowingly
               procure
               or
               Cause
               to
               be
               Recommitted
               or
               Imprisoned
               for
               the
               same
               Offence
               ,
               or
               pretended
               Offence
               ,
               any
               Person
               or
               Persons
               delivered
               or
               set
               at
               Large
               as
               aforesaid
               ,
               or
               be
               knowingly
               aiding
               or
               Assisting
               therein
               ,
               then
               he
               or
               they
               shall
               forfeit
               to
               the
               Prisoner
               or
               Party
               Greived
               ,
               the
               sum
               of
               five
               hundred
               pounds
               ,
               any
               colourable
               pretence
               or
               variation
               in
               the
               Warrant
               or
               Warrants
               of
               Commitment
               notwithstandin
               ,
               to
               be
               Recovered
               as
               aforesaid
               .
            
             
               7.
               
               Provided
               alwayes
               ,
               and
               be
               it
               further
               Enacted
               ,
               That
               if
               any
               Person
               or
               Persons
               shall
               be
               Committed
               for
               High
               Treason
               or
               Felony
               ,
               Plainly
               and
               specially
               Expressed
               in
               the
               Warrant
               of
               Commitment
               ,
               upon
               his
               prayer
               or
               petition
               in
               open
               Court
               the
               first
               week
               of
               the
               Term
               ,
               or
               first
               day
               of
               the
               Sessions
               of
               Oyer
               and
               Terminer
               ,
               or
               General
               Gaol
               delivery
               ,
               to
               be
               Brought
               to
               his
               Tryal
               ,
               shall
               not
               be
               indicted
               sometime
               in
               the
               next
               Term
               ,
               Sessions
               of
               Oyer
               and
               Terminer
               ,
               or
               General
               Gaol
               delivery
               after
               such
               Commitment
               ,
               It
               shall
               and
               may
               be
               Lawful
               to
               and
               for
               the
               Judges
               of
               the
               Court
               of
               Kings
               Bench
               ,
               and
               Justices
               of
               Oyer
               and
               Terminer
               ,
               or
               General
               Gaol
               delivery
               ,
               and
               they
               are
               hereby
               Required
               upon
               motion
               to
               them
               made
               in
               open
               Court
               the
               last
               day
               of
               the
               Term
               ,
               Sessions
               ,
               or
               Gaol
               delivery
               ,
               either
               by
               the
               Prisoner
               ,
               or
               any
               one
               in
               his
               Behalf
               ,
               to
               set
               at
               Liberty
               the
               Prisoner
               upon
               Bail
               ,
               unless
               it
               appear
               to
               the
               Judges
               and
               Justices
               upon
               Oath
               made
               ,
               that
               the
               Witnesses
               for
               the
               King
               could
               not
               be
               produced
               the
               same
               Term
               ,
               Sessions
               or
               General
               Gaol
               delivery
               ;
               (
               2.
               )
               And
               
               If
               any
               person
               or
               persons
               Committed
               as
               aforesaid
               ,
               upon
               his
               prayer
               or
               petition
               in
               open
               Court
               ,
               the
               first
               week
               of
               the
               Term
               ,
               or
               first
               day
               of
               the
               Sessions
               of
               Oyer
               and
               Terminer
               ,
               and
               General
               Gaol
               delivery
               ,
               to
               be
               Brought
               to
               his
               Tryal
               ,
               shall
               not
               be
               Indicted
               and
               Tryed
               the
               second
               Term
               ,
               Sessions
               of
               Oyer
               and
               Terminer
               ,
               or
               General
               Gaol
               delivery
               after
               his
               Commitment
               ,
               or
               upon
               his
               Tryal
               shall
               be
               Acquitted
               ,
               he
               shall
               be
               discharged
               from
               his
               Imprisonment
               .
            
             
               8.
               
               Provided
               alwaies
               ,
               That
               nothing
               in
               this
               Act
               shall
               Extend
               to
               discharge
               out
               of
               prison
               any
               person
               charged
               in
               debt
               ,
               or
               other
               Action
               ,
               or
               with
               process
               in
               any
               Civil
               Cause
               ,
               but
               that
               after
               he
               shall
               be
               discharged
               of
               his
               Imprisonment
               for
               such
               his
               Criminal
               Offence
               ,
               he
               shall
               be
               kept
               in
               Custody
               according
               to
               Law
               ,
               for
               such
               other
               suit
               .
            
             
               9.
               
               Provided
               alwaies
               ,
               and
               be
               it
               Enacted
               by
               the
               Authority
               aforesaid
               ,
               That
               if
               any
               person
               or
               persons
               sub●ects
               of
               this
               Realm
               ,
               shall
               be
               Committed
               to
               any
               prison
               ,
               or
               in
               Custody
               of
               any
               Officer
               or
               Officers
               whatsoever
               ,
               for
               any
               Criminal
               ,
               or
               Supposed
               Criminal
               matter
               ,
               That
               the
               said
               person
               shall
               not
               be
               Removed
               from
               the
               said
               prison
               and
               custody
               ,
               into
               the
               custody
               of
               any
               other
               Officer
               or
               Officers
               ,
               (
               2.
               )
               unless
               it
               be
               by
               
                 Habeas
                 Corpus
              
               ,
               or
               some
               other
               Legal
               writ
               ;
               or
               where
               the
               prisoner
               is
               delivered
               to
               the
               Constable
               or
               other
               Inferiour
               Officer
               to
               carry
               such
               prisoner
               to
               some
               common
               Gaol
               ;
               (
               3.
               )
               or
               where
               any
               person
               is
               sent
               by
               ●rder
               of
               any
               Judge
               of
               Assize
               ,
               or
               Justice
               of
               the
               peace
               ●o
               any
               Common
               workhouse
               ,
               or
               house
               of
               Correction
               ;
               (
               4.
               )
               or
               where
               the
               prisoner
               is
               Removed
               from
               one
               prion
               or
               place
               to
               another
               within
               the
               same
               County
               ,
               in
               order
               to
               his
               or
               her
               Tryal
               or
               discharge
               in
               due
               Course
               of
               Law
               ;
               (
               5.
               )
               or
               in
               case
               of
               sudden
               fire
               or
               Infection
               ,
               ●r
               other
               Necessity
               ;
               (
               6.
               )
               And
               if
               any
               person
               or
               persons
               ●hall
               after
               such
               Commitment
               aforesaid
               ,
               make
               out
               and
               ●ign
               ,
               or
               Countersign
               any
               Warrant
               or
               Warrants
               for
               ●uch
               Removal
               aforesaid
               ,
               contrary
               to
               this
               Act
               ,
               as
               well
               ●e
               that
               makes
               or
               signs
               or
               Countersigns
               such
               Warrant
               
               or
               Warrants
               as
               the
               Officer
               or
               Officers
               ,
               that
               obey
               or
               Execute
               the
               same
               ,
               shall
               suffer
               ,
               and
               Incur
               the
               pains
               ,
               and
               Forfeitures
               in
               this
               Act
               before-mentioned
               ,
               both
               for
               the
               first
               and
               second
               Offence
               Respectively
               ,
               to
               be
               Recovered
               in
               manner
               aforesaid
               by
               the
               party
               Grieved
               .
            
             
               10.
               
               Provided
               also
               ,
               and
               be
               it
               further
               Enacted
               by
               the
               Authority
               aforesaid
               ,
               That
               it
               shall
               and
               may
               be
               Lawful
               to
               and
               for
               any
               prisoner
               and
               prisoners
               as
               aforesaid
               ,
               to
               move
               ,
               and
               obtain
               his
               or
               their
               
                 Habeas
                 Corpus
              
               ,
               as
               well
               out
               of
               the
               High
               Court
               of
               Chancery
               ,
               or
               Court
               of
               Exchequer
               ,
               as
               out
               of
               the
               Courts
               of
               Kings
               Bench
               ,
               or
               common
               pleas
               ,
               or
               either
               of
               them
               ;
               (
               2.
               )
               And
               if
               the
               said
               Lord
               Chancellour
               ,
               or
               Lord
               Keeper
               ,
               or
               any
               Judge
               or
               Judges
               ,
               Baron
               or
               Barons
               for
               the
               time
               being
               ,
               of
               the
               degree
               of
               the
               Coif
               of
               any
               of
               the
               Courts
               aforesaid
               in
               the
               Vacation
               time
               ,
               upon
               view
               of
               the
               Copy
               or
               Copies
               of
               the
               Warant
               or
               Warants
               of
               Commitment
               or
               Detainer
               ,
               or
               upon
               Oath
               made
               ,
               that
               such
               Copy
               or
               Copies
               were
               denied
               as
               aforesaid
               ,
               shall
               deny
               any
               writ
               of
               
                 Habeas
                 Corpus
              
               by
               this
               Act
               Required
               to
               be
               Granted
               ,
               being
               moved
               for
               as
               aforesaid
               ,
               they
               shall
               severally
               Forfeit
               to
               the
               prisoner
               or
               party
               Grieved
               ,
               the
               sum
               of
               five
               hundred
               pounds
               ,
               to
               be
               Recovered
               in
               manner
               aforesaid
               .
            
             
               11.
               
               And
               Be
               it
               Enacted
               ,
               and
               declared
               by
               the
               Authority
               aforesaid
               ,
               That
               an
               
                 Habeas
                 Corpus
              
               according
               to
               the
               true
               Intent
               and
               meaning
               of
               this
               Act
               ,
               may
               be
               directed
               ,
               and
               Run
               into
               any
               County
               Palatine
               ,
               the
               Cinqu●…
               ports
               or
               other
               priviledged
               places
               within
               the
               Kingdom
               of
               Engl.
               Dominion
               of
               Wales
               ,
               or
               Town
               of
               Berwick
               upon
               Tweed
               ,
               and
               the
               Isles
               of
               Jersey
               ,
               or
               Guernsey
               ;
               any
               Law
               or
               Usage
               to
               the
               Contrary
               notwithstanding
               .
            
             
               12.
               
               And
               for
               preventing
               Illegal
               Imprisonments
               in
               prisons
               beyond
               seas
               (
               2.
               )
               Be
               it
               further
               Enacted
               by
               the
               Authority
               aforesaid
               ,
               That
               no
               subject
               of
               this
               Realm
               that
               now
               is
               ,
               or
               hereafter
               shall
               be
               an
               Inhabitant
               or
               Resiant
               of
               this
               Kingdom
               of
               England
               ,
               Dominion
               of
               
                 Wales
                 ▪
              
               
               or
               Town
               of
               Berwick
               upon
               Tweed
               ,
               shall
               or
               may
               be
               sent
               prisoner
               into
               
                 Scotland
                 ,
                 Ireland
                 ,
                 Jersey
                 ,
                 Guernsey
                 ,
                 Tangier
                 ,
              
               or
               into
               any
               parts
               ,
               Garrisons
               ,
               Islands
               ,
               or
               places
               beyond
               the
               seas
               ,
               which
               are
               ,
               or
               at
               any
               time
               hereafter
               ,
               shall
               be
               within
               or
               without
               the
               Dominions
               of
               His
               Majesty
               ,
               His
               heirs
               or
               successours
               ,
               (
               3.
               )
               And
               that
               every
               such
               Imprisonment
               is
               hereby
               Enacted
               and
               adjudged
               to
               be
               Illegal
               ;
               (
               4.
               )
               and
               that
               ,
               If
               any
               of
               the
               said
               subjects
               now
               is
               ,
               or
               hereafter
               shall
               be
               so
               Imprisoned
               ,
               every
               such
               person
               and
               persons
               so
               Imprisoned
               ,
               shall
               and
               may
               for
               every
               such
               Imprisonment
               ,
               maintain
               by
               vertue
               of
               this
               Act
               ,
               an
               Action
               or
               Actions
               of
               false
               Imprisonment
               ,
               in
               any
               of
               his
               Majesties
               Courts
               of
               Record
               ,
               against
               the
               person
               or
               persons
               by
               whom
               he
               or
               she
               shall
               be
               so
               Committed
               ,
               detained
               ,
               Imprisoned
               ,
               sent
               prisoner
               ,
               or
               Transported
               Contrary
               to
               the
               true
               meaning
               of
               this
               Act
               ,
               and
               against
               all
               or
               any
               person
               or
               persons
               that
               shall
               frame
               ,
               Contrive
               ,
               Write
               ,
               Seal
               ,
               or
               Countersign
               any
               Warrant
               or
               Writing
               for
               such
               Commitment
               ,
               detainer
               ,
               Imprisonment
               ,
               or
               Transportation
               ,
               or
               shall
               be
               Advising
               ,
               Aiding
               ,
               or
               Assisting
               in
               the
               same
               ,
               or
               any
               of
               them
               ;
               (
               5.
               )
               And
               the
               plaintiff
               in
               every
               such
               Action
               shall
               have
               Judgment
               to
               Recover
               his
               Treble
               Costs
               ,
               besides
               damages
               ;
               which
               damages
               so
               to
               be
               Given
               ,
               shall
               not
               be
               less
               than
               five
               hundred
               pounds
               ;
               (
               6.
               )
               in
               which
               Action
               ,
               no
               delay
               ,
               stay
               or
               stop
               of
               proceeding
               ,
               by
               Rule
               ,
               order
               ,
               or
               Command
               ,
               nor
               no
               Injunction
               ,
               protection
               ,
               or
               priviledge
               whatsoever
               ,
               nor
               any
               more
               than
               one
               Imparlance
               shall
               be
               allowed
               ,
               Excepting
               such
               Rule
               of
               the
               Court
               wherein
               the
               Action
               shall
               depend
               ,
               made
               in
               open
               Court
               ,
               as
               shall
               be
               thought
               in
               Justice
               necessary
               ,
               for
               special
               cause
               to
               be
               Expressed
               in
               the
               said
               Rule
               ;
               (
               7.
               )
               And
               the
               person
               or
               persons
               who
               shall
               Knowingly
               Frame
               ,
               Contrive
               ,
               write
               ,
               seal
               or
               Countersign
               any
               Warrant
               for
               such
               Commitment
               ,
               detainer
               ,
               or
               Transportation
               ,
               or
               shall
               so
               Commit
               ,
               detain
               ,
               Imprison
               ,
               or
               Transport
               any
               person
               or
               persons
               Contrary
               to
               this
               Act
               ,
               or
               be
               any
               waies
               Advising
               ,
               aiding
               or
               Assisting
               therein
               being
               Lawfully
               Convicted
               
               thereof
               ,
               shall
               be
               disabled
               from
               thenceforth
               to
               Bear
               any
               Office
               of
               Trust
               or
               Profit
               within
               the
               said
               Realm
               of
               England
               ,
               Dominion
               of
               Wales
               ,
               or
               Town
               of
               Berwick
               upon
               Tweed
               ,
               or
               any
               of
               the
               Islands
               ,
               Territories
               or
               Dominions
               thereunto
               Belonging
               .
               (
               8.
               )
               And
               shall
               Incur
               and
               sustain
               the
               pains
               ,
               Penalties
               and
               Forfeitures
               Limited
               ,
               ordained
               ,
               and
               provided
               in
               and
               by
               the
               statute
               of
               Provision
               and
               Premunire
               ,
               made
               in
               the
               sixteenth
               year
               of
               King
               Richard
               the
               Second
               .
               (
               9.
               )
               And
               be
               incapaple
               of
               any
               pardon
               from
               the
               King
               ,
               His
               Heirs
               or
               Successours
               ,
               of
               the
               said
               Forfeitures
               ,
               Losses
               ,
               or
               disabilities
               ,
               or
               any
               of
               them
               .
            
             
               13.
               
               Provided
               alwaies
               ,
               That
               nothing
               in
               this
               Act
               extend
               to
               give
               Benefit
               to
               any
               person
               who
               shall
               by
               Contract
               in
               Writing
               agree
               with
               any
               Merchant
               ,
               or
               Owner
               ,
               of
               any
               plantation
               ,
               or
               other
               person
               whatsoever
               ,
               to
               be
               transported
               to
               any
               parts
               beyond
               the
               Seas
               ,
               and
               receive
               Earnest
               upon
               such
               Agreement
               ,
               although
               that
               afterwards
               such
               person
               shall
               Renounce
               such
               Contract
               .
            
             
               14.
               
               Provided
               alwaies
               ,
               and
               be
               it
               Enacted
               ,
               That
               If
               any
               person
               or
               persons
               Lawfully
               Convicted
               of
               any
               Felony
               ,
               shall
               in
               open
               Court
               pray
               to
               be
               Transported
               beyond
               the
               seas
               ,
               and
               the
               Court
               shall
               think
               fit
               to
               leave
               him
               or
               them
               in
               prison
               ,
               for
               that
               purpose
               such
               person
               or
               persons
               may
               be
               Transported
               into
               any
               parts
               beyond
               the
               seas
               ;
               This
               Act
               or
               any
               thing
               therein
               Contained
               to
               the
               contrary
               notwithstanding
               .
            
             
               15.
               
               Provided
               also
               ,
               and
               be
               it
               Enacted
               ,
               That
               nothing
               herein
               Contained
               ,
               shall
               be
               deemed
               ,
               Construed
               ,
               or
               taken
               to
               Extend
               to
               the
               Imprisonment
               of
               any
               person
               before
               to
               first
               day
               of
               June
               ,
               one
               thousand
               six
               hundred
               seventy
               and
               nine
               ,
               or
               to
               any
               thing
               Advised
               ,
               procured
               ,
               or
               otherwise
               done
               ,
               Relating
               to
               such
               Imprisonment
               ;
               Any
               thing
               herein
               Contained
               to
               the
               Contrary
               notwithstanding
               .
            
             
               16.
               
               Provided
               also
               ,
               That
               If
               any
               person
               or
               persons
               at
               any
               time
               Resiant
               in
               this
               Realm
               ,
               shall
               have
               committed
               
               any
               Capital
               Offence
               in
               Scotl.
               or
               Ireland
               ,
               or
               any
               of
               the
               Islands
               ,
               or
               Foreign
               Plantations
               of
               the
               King
               His
               Heirs
               or
               Successours
               ,
               where
               he
               or
               she
               ,
               ought
               to
               be
               Tryed
               for
               such
               Offence
               ,
               such
               person
               or
               persons
               may
               be
               sent
               to
               such
               place
               there
               to
               Receive
               such
               Tryal
               ,
               in
               such
               manner
               as
               the
               same
               might
               have
               been
               used
               before
               the
               making
               of
               this
               Act
               ;
               any
               thing
               herein
               contained
               to
               the
               contrary
               notwithstanding
               .
            
             
               17.
               
               Provided
               alwayes
               ,
               and
               be
               it
               Enacted
               ,
               That
               no
               person
               or
               persons
               shall
               be
               sued
               ,
               Impleaded
               ,
               Molested
               or
               Troubled
               for
               any
               Offence
               against
               this
               Act
               ,
               unless
               the
               party
               offending
               be
               Sued
               or
               Impleaded
               for
               the
               same
               within
               two
               years
               at
               the
               most
               after
               such
               time
               wherein
               the
               Offence
               shall
               be
               Committed
               in
               Case
               the
               party
               Grieved
               shall
               not
               be
               then
               in
               Prison
               ,
               and
               if
               he
               shall
               be
               in
               Prison
               ,
               then
               within
               the
               space
               of
               two
               years
               after
               the
               decease
               of
               the
               Person
               Imprisoned
               ,
               or
               his
               ,
               or
               her
               delivery
               out
               of
               Prison
               ,
               which
               shall
               first
               happen
               .
            
             
               18.
               
               And
               to
               the
               intent
               no
               person
               may
               Avoyd
               his
               Tryal
               at
               the
               Assizes
               ,
               or
               General
               Gaol
               delivery
               ,
               by
               procuring
               his
               Removal
               before
               the
               Assizes
               at
               such
               time
               as
               he
               cannot
               be
               brought
               back
               to
               receive
               his
               Tryal
               there
               ;
               (
               2.
               )
               Be
               it
               Enacted
               ,
               That
               after
               the
               Assizes
               proclaimed
               for
               thatCounty
               where
               the
               Prisoner
               is
               detained
               ,
               no
               person
               shall
               be
               Removed
               from
               the
               common
               Gaol
               upon
               any
               
                 Habeas
                 Corpus
              
               granted
               in
               pursuance
               of
               this
               Act
               ,
               but
               upon
               any
               such
               
                 Habeas
                 Corpus
              
               ,
               shall
               be
               brought
               before
               the
               Judge
               os
               Assize
               in
               open
               Court
               ,
               who
               is
               thereupon
               to
               do
               what
               to
               Justice
               shall
               appertain
               .
            
             
               19.
               
               Provided
               nevertheless
               ,
               That
               after
               the
               Assizes
               are
               Ended
               ,
               any
               person
               or
               persons
               detained
               may
               have
               his
               or
               her
               
                 Habeas
                 Corpus
              
               according
               to
               the
               direction
               and
               Intention
               of
               this
               Act.
               
            
             
               20.
               
               And
               be
               it
               also
               Enacted
               by
               the
               Authority
               aforesaid
               ,
               That
               if
               any
               Information
               ,
               Suit
               ,
               or
               Action
               shall
               be
               Brought
               or
               Exhibited
               against
               any
               person
               or
               persons
               for
               anyOffence
               committed
               ,
               or
               to
               be
               committed
               against
               the
               form
               of
               this
               Law
               ,
               it
               shall
               be
               Lawful
               for
               such
               defendants
               
               to
               plead
               the
               General
               Issue
               ,
               that
               they
               are
               not
               Guilty
               ,
               or
               that
               they
               own
               nothing
               ,
               and
               to
               give
               such
               special
               matter
               in
               Evidence
               to
               the
               Jury
               that
               shall
               Try
               the
               same
               ,
               which
               matter
               being
               pleaded
               ,
               had
               been
               good
               &
               sufficent
               in
               Law
               to
               have
               discharged
               the
               said
               Defendant
               or
               Defendants
               against
               the
               said
               Information
               ,
               Suit
               or
               Action
               ,
               &
               the
               said
               matter
               shall
               be
               then
               as
               available
               to
               him
               or
               them
               ,
               to
               all
               Intents
               and
               purposes
               ,
               as
               if
               he
               or
               they
               had
               sufficiently
               pleaded
               ,
               set
               forth
               or
               Alledged
               the
               same
               matter
               in
               Bar
               or
               Discharge
               of
               such
               information
               ,
               Suit
               or
               Action
               .
            
             
               21.
               
               And
               because
               many
               times
               persons
               charged
               with
               petty
               Treason
               or
               Felony
               ,
               or
               as
               Accessaries
               thereunto
               are
               Committed
               upon
               suspition
               only
               ,
               whereupon
               they
               are
               Bailable
               ,
               or
               not
               ,
               according
               as
               the
               Circumstances
               making
               out
               that
               suspition
               are
               more
               or
               less
               weighty
               ,
               which
               are
               best
               known
               to
               the
               Justices
               of
               Peace
               that
               committed
               the
               persons
               ,
               and
               have
               the
               Examinations
               before
               them
               ,
               or
               to
               other
               Justices
               of
               the
               Peace
               in
               the
               County
               :
               (
               2.
               )
               Be
               it
               therefore
               Enacted
               ,
               That
               where
               any
               person
               shall
               appear
               to
               be
               Committed
               by
               any
               Judge
               ,
               or
               Justice
               of
               the
               Peace
               ,
               and
               charged
               as
               Accessary
               before
               the
               Fact
               ,
               to
               any
               petty
               Treason
               or
               Felony
               ,
               or
               upon
               suspicion
               thereof
               ,
               or
               with
               suspicion
               of
               petty
               Treason
               or
               Felony
               ,
               which
               pettyTreason
               or
               Felony
               shall
               be
               plainly
               &
               specially
               expressed
               in
               the
               Warrant
               of
               Commitment
               ,
               that
               such
               person
               shall
               not
               be
               Removed
               or
               Bailed
               by
               vertue
               of
               this
               Act
               ,
               or
               in
               any
               other
               manner
               than
               they
               might
               have
               been
               before
               the
               making
               of
               this
               Act.
               
            
          
        
         
           
             The
             Comment
             .
          
           
             THere
             are
             three
             things
             ,
             which
             the
             Law
             of
             England
             (
             which
             is
             a
             Law
             of
             Mercy
             )
             principally
             Regards
             and
             taketh
             care
             of
             ,
             
               viz.
               Life
               ,
               Liberty
            
             and
             Estate
             .
             Next
             to
             a
             man's
             Life
             ,
             the
             nearest
             thing
             that
             concerns
             him
             ,
             is
             
               freedom
               of
               his
               person
            
             ,
             For
             indeed
             what
             is
             Imprisonment
             ,
             but
             a
             kind
             of
             
               Civil
               Death
            
             ?
             Therefore
             saith
             
               Fortescue
               Cap.
               42.
               
               Angliae
               Jura
               in
               omni
               Casu
               Libercati
               dant
               favorem
               .
            
             The
             Laws
             of
             England
             do
             in
             
               All
               Cases
            
             favour
             Liberty
             .
          
           
           
             Touching
             Commitments
             ,
             and
             what
             is
             Required
             to
             make
             a
             
               Legal
               Mittimus
            
             ,
             see
             before
             Pag.
             27.
             
          
           
             The
             Writ
             of
             
               Habeas
               Corpus
            
             is
             a
             Remedy
             given
             by
             the
             common
             Law
             for
             such
             as
             were
             unjustly
             detained
             in
             custody
             ,
             to
             procure
             their
             Liberty
             :
             But
             before
             this
             statute
             ,
             was
             Rendred
             far
             less
             useful
             than
             it
             ought
             to
             be
             partly
             by
             the
             Judges
             ,
             pretending
             a
             power
             to
             Grant
             ,
             or
             deny
             the
             said
             Writ
             at
             their
             pleasure
             ,
             in
             many
             cases
             ,
             and
             Especially
             by
             the
             Ill
             practises
             of
             Sheriffs
             and
             Gaolers
             ,
             by
             putting
             the
             prisoner
             to
             the
             charge
             and
             trouble
             of
             an
             Alias
             and
             pluries
             (
             that
             is
             a
             second
             and
             third
             Writ
             ,
             before
             they
             would
             obey
             the
             first
             ,
             for
             there
             was
             no
             penalty
             till
             the
             Third
             )
             and
             then
             at
             last
             the
             Judges
             would
             oft-times
             Alleadge
             ,
             That
             they
             could
             not
             take
             Bail
             ,
             because
             the
             party
             was
             a
             
               prisoner
               of
               State
            
             ,
             &c.
             
             Therefore
             to
             Remedy
             all
             those
             mischiefs
             ,
             This
             
               most
               wholsome
               Law
            
             was
             provided
             .
             Which
             we
             shall
             briefly
             Endeavour
             to
             Divide
             into
             its
             several
             Branches
             ,
             and
             Explain
             it
             to
             the
             meanest
             Capacities
             ,
             since
             no
             Man
             is
             sure
             but
             one
             time
             or
             other
             ,
             he
             may
             have
             occasion
             to
             make
             use
             of
             it
             .
          
           
             This
             Act
             concerneth
             either
             first
             ,
             persons
             committed
             for
             some
             other
             Criminal
             ,
             or
             supposedCriminal
             matter
             ,
             (
             besides
             Treason
             or
             
               Felony
               ,
            
             )
             and
             these
             are
             to
             have
             an
             
               Habeas
               Corpus
            
             Immediately
             ;
             2ly
             .
             such
             who
             in
             their
             Mittimus
             are
             charged
             with
             Treason
             or
             Felony
             ,
             &
             these
             shall
             have
             the
             benefit
             of
             the
             said
             Writ
             after
             the
             time
             herein
             Limited
             .
             1st
             .
             If
             any
             Gaoler
             or
             Under-Keeper
             shall
             not
             deliver
             a
             
               trueCopy
               of
               the
               Mittimus
            
             within
             6
             hours
             after
             the
             prisoner
             demands
             it
             ,
             the
             Head-Gaoler
             or
             Keeper
             forfeits
             to
             the
             prisoner
             for
             the
             first
             Offence
             100l
             .
             for
             the
             second
             Offence
             200l
             .
             and
             loses
             his
             place
             .
             Nor
             is
             there
             any
             Fee
             to
             be
             paid
             for
             the
             same
             ,
             the
             Turn-key
             must
             deliver
             it
             at
             his
             peril
             .
             And
             note
             if
             the
             prisoner
             should
             be
             lockt
             up
             ,
             or
             none
             suffered
             to
             come
             at
             him
             ,
             any
             friend
             of
             his
             may
             demand
             the
             same
             on
             his
             behalf
             .
          
           
             2.
             
             Whatever
             the
             Criminal
             matter
             be
             ,
             If
             Treason
             or
             Felony
             be
             not
             Expresly
             charged
             ,
             any
             person
             
             on
             the
             prisoners
             behalf
             ,
             carrying
             such
             
               true
               Copy
            
             of
             the
             Commitment
             to
             the
             Lord
             Chancellor
             ,
             or
             
               any
               one
            
             of
             the
             Judges
             ,
             or
             Barons
             of
             the
             Exchequer
             ,
             or
             upon
             Oath
             made
             that
             a
             Copy
             was
             demanded
             and
             denied
             ,
             he
             shall
             Grant
             an
             
               Habeas
               Corpus
            
             ,
             or
             forfeit
             500l
             .
             to
             the
             prisoner
             ;
             But
             note
             ,
             the
             Request
             must
             be
             made
             to
             such
             Judge
             
               in
               Writing
            
             ,
             and
             Attested
             by
             two
             witnesses
             .
          
           
             3.
             
             If
             the
             Sheriff
             or
             Gaoler
             do
             not
             carry
             up
             the
             prisoner
             and
             Return
             the
             true
             causes
             of
             his
             detainour
             ,
             within
             three
             days
             ,
             If
             under
             twenty
             miles
             distance
             ,
             or
             within
             
               ten
               daies
            
             if
             above
             twenty
             ,
             and
             under
             an
             hundred
             miles
             ,
             or
             within
             
               twenty
               daies
            
             if
             above
             an
             hundred
             miles
             ,
             he
             forfeits
             500l
             .
             to
             the
             prisoner
             .
          
           
             Note
             the
             prisoner
             must
             pay
             the
             Charges
             of
             his
             carrying
             up
             ,
             and
             the
             Judge
             when
             he
             Grants
             the
             Writ
             ,
             may
             order
             how
             much
             ,
             but
             it
             must
             not
             be
             above
             12
             d.
             a
             mile
             .
          
           
             If
             upon
             the
             Return
             of
             such
             
               Habeas
               Corpus
            
             ,
             it
             appear
             the
             prisoner
             is
             not
             charged
             with
             Treason
             or
             
               Felony
               ,
               specially
               and
               plainly
               Expressed
               ,
            
             or
             for
             such
             matters
             ,
             as
             by
             Law
             are
             
               not
               Bailable
            
             ,
             the
             Judge
             shall
             discharge
             the
             prisoner
             upon
             Bail.
             
          
           
             4.
             
             If
             a
             person
             once
             so
             Bailed
             out
             ,
             shall
             again
             be
             Imprisoned
             for
             the
             same
             Offence
             ,
             those
             that
             do
             it
             forfeit
             500
             l.
             
          
           
             5.
             
             If
             there
             be
             High
             Treason
             or
             Felony
             plainly
             and
             
               specially
               Expressed
            
             [
             That
             is
             ,
             not
             only
             Generally
             ,
             for
             Treason
             or
             Felony
             ,
             but
             Treason
             in
             conspiring
             to
             
               kill
               the
               King
            
             ,
             or
             in
             
               Counterfeiting
               the
               King's
               Coin
            
             ,
             or
             Felony
             ,
             for
             
               stealing
               the
               goods
            
             of
             such
             an
             one
             to
             such
             a
             value
             ,
             &c.
             ]
             Then
             the
             Prisoner
             cannot
             have
             his
             
               Habeas
               Corpus
            
             ;
             till
             first
             he
             has
             on
             the
             first
             week
             of
             the
             Term
             ,
             or
             first
             day
             of
             Sessions
             of
             Oyer
             and
             Terminer
             ,
             or
             General
             Gaol-delivery
             petitioned
             in
             open
             Court
             to
             be
             brought
             to
             his
             Tryal
             ;
             and
             then
             if
             he
             be
             not
             brought
             to
             Tryal
             the
             next
             Term
             ,
             or
             Sessions
             following
             ,
             on
             the
             
               last
               day
            
             thereof
             ,
             he
             shall
             be
             Bailed
             ;
             and
             if
             not
             Indicted
             the
             second
             Term
             or
             Sessions
             ,
             shall
             be
             discharged
             .
          
           
           
             6.
             
             This
             Act
             extends
             to
             
               all
               places
            
             within
             England
             ?
             and
             Wales
             ;
             the
             Tower
             cannot
             be
             supposed
             to
             be
             exempted
             ,
             nor
             
               Windsor
               Castle
            
             ,
             nor
             any
             such
             Royal
             Forts
             ;
             for
             the
             words
             are
             general
             :
             And
             besides
             ,
             there
             is
             a
             special
             Act
             of
             Parliament
             ,
             that
             unites
             the
             King's
             Castles
             to
             the
             Counties
             wherein
             they
             stand
             ;
             there
             having
             been
             it
             seems
             some
             pretensions
             and
             ill
             practices
             to
             hold
             them
             district
             ,
             that
             therein
             they
             might
             detain
             men
             prisoners
             against
             Law
             ,
             and
             not
             admit
             any
             Writ
             to
             enlarge
             them
             .
             For
             Remedy
             whereof
             it
             was
             thus
             Enacted
             ;
          
           
             
               
                 
                   
                     Anno
                     13.
                     
                     Rich.
                     Secundi
                     .
                  
                   
                     Item
                     .
                     
                       It
                       is
                       Ordained
                       and
                       Assented
                       ,
                       That
                       the
                       King's
                       Castles
                       and
                       Gaols
                       which
                       were
                       wont
                       to
                       be
                       Joyned
                       to
                       the
                       Bodies
                       of
                       the
                       Counties
                       ,
                       and
                       be
                       now
                       Severed
                       ,
                       shall
                       be
                       Rejoyned
                       to
                       the
                       same
                       Counties
                       .
                    
                  
                
              
            
          
           
             Lastly
             ,
             No
             person
             shall
             be
             sent
             Prisoner
             out
             of
             England
             or
             Wales
             ,
             into
             
               Scotland
               ,
               Ireland
               ,
               Jersey
               ,
               Guernsey
               ,
               Tangier
               ,
            
             or
             any
             other
             place
             beyond
             the
             Seas
             .
          
           
             The
             Proviso's
             and
             other
             Clauses
             of
             this
             Act
             may
             be
             easily
             apprehended
             by
             the
             meanest
             capacities
             .
          
           
             AND
             ,
             As
             the
             Law
             provides
             thus
             for
             our
             Liberty
             ,
             so
             it
             takes
             care
             ,
             that
             those
             that
             
               are
               in
               Custody
            
             ,
             shall
             not
             be
             abused
             or
             oppressed
             ;
             to
             which
             purpose
             I
             shall
             here
             insert
             so
             much
             as
             is
             material
             &
             necessary
             to
             be
             known
             by
             all
             persons
             ,
             who
             are
             so
             unhappy
             as
             to
             be
             prisoners
             ,
             out
             of
             the
             Statute
             of
             the
             22d
             .
             and
             23d
             .
             
               Car.
               2.
               
               Cap.
            
             20.
             
             The
             words
             wereof
             are
             as
             follows
             :
          
           
             
               WHEREAS
               .
               Persons
               that
               are
               under
               Arrests
               ,
               or
               committed
               to
               the
               custody
               of
               Sheriffs
               ,
               Bailiffs
               ,
               Gaolers
               ,
               Keepers
               of
               Prisons
               ,
               or
               Gaols
               ,
               are
               much
               abused
               and
               wronged
               by
               Extorting
               of
               great
               Fees
               ,
               Rewards
               ,
               and
               other
               Exactions
               ,
               and
               put
               to
               great
               Expences
               under
               pretences
               of
               favour
               ,
               or
               otherwise
               ,
               whereby
               they
               are
               greatly
               Oppressed
               ,
               and
               many
               times
               Ruined
               in
               their
               Estates
               .
               (
               2.
               )
               For
               Remedy
               thereof
               ,
               Be
               it
               Enacted
               by
               the
               Authority
               aforesaid
               ,
               That
               if
               any
               Under-Sheriff
               ,
               Bailiff
               ,
               Serjeant
               at
               Mace
               ,
               or
               other
               Officer
               or
               
               minister
               whatsoever
               ,
               shall
               at
               any
               time
               or
               times
               hereafter
               have
               in
               his
               or
               their
               Custody
               ,
               any
               person
               or
               persons
               by
               vertue
               or
               colour
               of
               any
               Writ
               ,
               Process
               ,
               or
               other
               Warrant
               whatsoever
               ,
               it
               shall
               not
               be
               lawful
               for
               such
               Officer
               or
               Officers
               ,
               to
               convey
               or
               carry
               ,
               or
               cause
               to
               be
               conveyed
               or
               carried
               the
               said
               person
               or
               persons
               to
               any
               Tavern
               ,
               Ale-House
               ,
               or
               other
               publick
               Victualling
               or
               Drinking-house
               ,
               without
               the
               free
               and
               voluntary
               consent
               of
               the
               said
               person
               or
               persons
               ,
               so
               as
               to
               charge
               such
               Prisoner
               with
               any
               sum
               of
               Money
               for
               any
               Wine
               ,
               Beer
               ,
               Ale
               ,
               Victuals
               ,
               Tobacco
               ,
               or
               any
               other
               things
               whatsoever
               ,
               but
               what
               the
               said
               person
               or
               persons
               shall
               call
               for
               ,
               of
               his
               ,
               her
               ,
               or
               their
               own
               accord
               ,
               (
               3
               ,
               )
               And
               shall
               not
               demand
               ,
               take
               or
               receive
               ,
               or
               cause
               to
               be
               demanded
               ,
               taken
               or
               received
               ,
               directly
               or
               indirectly
               ,
               any
               other
               ,
               or
               greater
               Sum
               or
               Sums
               than
               what
               by
               Law
               ought
               to
               be
               taken
               or
               demanded
               for
               such
               Arrest
               ,
               taking
               ,
               or
               waiting
               (
               until
               such
               person
               or
               persons
               shall
               have
               procured
               an
               Appearance
               ,
               found
               Bail
               ,
               agreed
               with
               his
               or
               their
               Adversaries
               ,
               or
               be
               sent
               to
               the
               proper
               Gaol
               belonging
               to
               the
               County
               ,
               City
               ,
               Town
               or
               Place
               where
               such
               Arrest
               or
               taking
               shall
               be
               ,
               )
               (
               4.
               )
               Nor
               take
               and
               Exact
               any
               other
               Reward
               or
               Gratuity
               for
               so
               keeping
               the
               said
               person
               or
               persons
               out
               of
               the
               Gaol
               or
               Prison
               ,
               than
               what
               he
               ,
               she
               or
               they
               shall
               or
               will
               of
               his
               ,
               her
               ,
               or
               their
               own
               accord
               ,
               voluntarily
               and
               freely
               give
               .
               (
               5
               ,
               )
               Nor
               take
               ,
               nor
               receive
               any
               other
               ,
               or
               greater
               Sum
               or
               Sums
               for
               each
               nights
               Lodging
               ,
               or
               other
               Expences
               ,
               than
               what
               is
               reasonable
               and
               fitting
               in
               such
               cases
               ,
               or
               shall
               be
               so
               adjudged
               by
               the
               next
               Justice
               of
               the
               Peace
               ,
               or
               at
               the
               next
               Quarter-Sessions
               .
               (
               6.
               )
               And
               shall
               not
               cause
               or
               procure
               the
               said
               person
               or
               persons
               ,
               to
               pay
               for
               any
               other
               Wine
               ,
               Beer
               ,
               Ale
               ,
               Victuals
               ,
               Tobacco
               ,
               or
               other
               things
               ,
               than
               what
               the
               said
               person
               or
               persons
               shall
               voluntarily
               ,
               freely
               ,
               and
               particularly
               call
               for
               .
            
          
           
             
               And
               that
               every
               Under-Sheriff
               ,
               Gaoler
               ,
               Keeper
               
               of
               Prison
               or
               Gaol
               ,
               and
               every
               person
               or
               persons
               whatsoever
               ,
               to
               whose
               Custody
               any
               person
               or
               persons
               shall
               be
               delivered
               or
               commited
               ,
               by
               virtue
               of
               any
               Writ
               of
               Process
               ,
               or
               any
               pretence
               whatsoever
               ,
               shall
               permit
               and
               suffer
               the
               said
               person
               or
               persons
               ,
               at
               his
               and
               their
               will
               and
               pleasure
               ,
               to
               send
               for
               ,
               and
               have
               any
               Beer
               ,
               Ale
               ,
               Victuals
               ,
               and
               other
               necessary
               Food
               ,
               where
               ,
               and
               from
               whence
               they
               please
               ;
               and
               also
               to
               have
               and
               use
               such
               Bedding
               ,
               Linnen
               ,
               and
               other
               things
               ,
               as
               the
               said
               person
               or
               persons
               shall
               think
               fit
               ,
               without
               any
               purloyning
               ,
               detaining
               or
               paying
               for
               the
               same
               ,
               or
               any
               part
               thereof
               ;
               nor
               shall
               demand
               ,
               take
               or
               receive
               of
               the
               said
               person
               or
               persons
               ,
               any
               other
               ,
               or
               greater
               Fee
               or
               Fees
               whatsoever
               ,
               for
               his
               ,
               her
               ,
               or
               their
               Commitment
               ,
               Release
               or
               Discharge
               ;
               or
               for
               his
               ,
               her
               ,
               or
               their
               Chamber-Rent
               ,
               than
               what
               is
               allowable
               by
               Law
               ,
               untill
               the
               same
               shall
               be
               settled
               by
               three
               Justices
               of
               the
               Peace
               ,
               whereof
               one
               to
               be
               of
               the
               Quorum
               ,
               of
               each
               particular
               County
               ,
               City
               and
               Town
               Corporate
               ,
               in
               their
               several
               Precincts
               ;
               and
               for
               the
               City
               of
               London
               ,
               and
               Counties
               of
               Middlesex
               and
               Surrey
               ,
               the
               two
               Lord
               Chief
               Justices
               of
               the
               Kings's-Bench
               and
               Common-Pleas
               ,
               and
               the
               Lord
               Chief
               Baron
               ,
               or
               any
               two
               of
               them
               ,
               and
               the
               Justices
               of
               the
               Peace
               of
               the
               same
               ,
               in
               their
               several
               Jurisdictions
               .
            
          
           
             
               And
               likewise
               that
               the
               said
               Lord
               Chief
               Justice
               ,
               Lord
               Chief
               Baron
               ,
               and
               Justices
               of
               the
               Peace
               in
               their
               several
               Jurisdictions
               ,
               and
               all
               Commissioners
               for
               Charitable
               Uses
               ,
               do
               their
               best
               Endeavours
               ,
               and
               Diligence
               to
               Examine
               ,
               and
               finde
               out
               the
               several
               Legacies
               ,
               Gifts
               and
               Bequests
               bestowed
               and
               given
               for
               the
               Benefit
               and
               Advantage
               of
               the
               Poor
               Prisoners
               for
               Debt
               ,
               in
               the
               several
               Gaols
               and
               Prisons
               in
               this
               Kingdom
               ,
               and
               to
               send
               for
               any
               Deeds
               ,
               Wills
               ,
               Writings
               ,
               and
               Books
               of
               Accompts
               whatsoever
               ;
               and
               any
               person
               or
               persons
               concerned
               therein
               ,
               and
               to
               Examine
               them
               upon
               Oath
               ,
               to
               make
               true
               discovery
               thereof
               (
               which
               they
               have
               full
               Power
               and
               Authority
               hereby
               
               to
               do
               )
               and
               the
               same
               so
               found
               out
               and
               ascertained
               ,
               to
               order
               and
               settle
               in
               some
               manner
               and
               way
               ,
               that
               the
               Prisoners
               hereafter
               may
               not
               be
               defrauded
               ,
               but
               Receive
               the
               full
               benefit
               thereof
               ,
               according
               to
               the
               true
               intent
               of
               the
               Donors
               .
            
          
           
             
               And
               that
               these
               Accounts
               of
               the
               several
               Legacies
               ,
               Gifts
               and
               Bequests
               ,
               given
               and
               bestowed
               upon
               the
               several
               Prisoners
               for
               Debt
               ,
               within
               this
               Kingdom
               ,
               and
               the
               several
               Rates
               of
               Fees
               ,
               and
               the
               future
               Government
               of
               Prisons
               ,
               be
               signed
               and
               confirmed
               by
               the
               Lord
               Chief
               Justices
               ,
               and
               Lord
               Chief
               Baron
               ,
               or
               any
               two
               of
               them
               for
               the
               time
               being
               ,
               and
               the
               Justices
               of
               the
               Peace
               in
               
                 London
                 ,
                 Middlesex
              
               and
               Surrey
               ;
               and
               by
               the
               Judges
               for
               the
               several
               Circuits
               ,
               and
               Justices
               of
               the
               Peace
               for
               the
               time
               being
               ,
               in
               their
               several
               Precincts
               ,
               and
               fairly
               written
               and
               hung
               up
               in
               a
               Table
               in
               every
               Gaol
               and
               Prison
               ,
               before
               the
               first
               day
               of
               November
               ,
               1671.
               and
               likewise
               be
               Registred
               by
               each
               ,
               and
               every
               Clerk
               of
               the
               Peace
               within
               his
               or
               their
               particular
               Jurisdiction
               :
               And
               after
               such
               Establishment
               ,
               no
               other
               or
               greater
               Fee
               or
               Fees
               than
               shall
               be
               so
               Established
               ,
               shall
               be
               Demanded
               or
               Received
               .
            
          
           
             
               And
               whereas
               it
               is
               become
               the
               common
               practice
               of
               Gaolers
               ,
               and
               Keepers
               of
               Newgate
               ,
               the
               Gate-house
               at
               Westminster
               ,
               and
               sundry
               other
               Gaols
               and
               Prisons
               ,
               to
               Lodge
               together
               in
               one
               Room
               ,
               or
               Chamber
               and
               Bed
               ,
               Prisoners
               for
               Debt
               ,
               and
               Felons
               ,
               whereby
               many
               times
               honest
               Gentlemen
               ,
               Trades-men
               and
               others
               ,
               Prisoners
               for
               Debt
               ,
               are
               disturbed
               and
               hindered
               in
               the
               night-time
               from
               their
               natural
               Rest
               ,
               by
               reason
               of
               their
               Fetters
               and
               Irons
               ,
               and
               otherwise
               much
               offended
               and
               troubled
               by
               their
               lewd
               and
               prophane
               Language
               and
               Discourses
               ,
               with
               most
               horrid
               Cursing
               and
               Swearing
               (
               much
               accustomed
               to
               such
               persons
               ;
               )
               (
               2.
               )
               Be
               it
               Enacted
               by
               the
               Authority
               aforesaid
               ,
               that
               it
               shall
               not
               be
               lawful
               hereafter
               for
               any
               Sheriff
               ,
               Gaoler
               ,
               or
               Keeper
               of
               any
               Gaol
               or
               Prison
               ,
               to
               put
               ,
               keep
               or
               Lodge
               Prisoners
               for
               Debt
               ,
               and
               
               Felons
               together
               in
               one
               Room
               or
               Chamber
               ;
               but
               that
               they
               shall
               be
               put
               ,
               kept
               ,
               and
               Lodged
               separate
               and
               apart
               one
               from
               another
               ,
               in
               distinct
               Rooms
               ,
               (
               3.
               )
               Upon
               pain
               that
               he
               ,
               she
               ,
               or
               they
               which
               shall
               offend
               against
               this
               Act
               ,
               or
               the
               true
               Intent
               and
               meaning
               thereof
               ,
               or
               any
               part
               thereof
               ,
               shall
               forfeit
               and
               lose
               his
               or
               her
               Office
               ,
               Place
               or
               Imployment
               ,
               and
               shall
               forfeit
               treble
               damages
               to
               the
               party
               grieved
               ,
               to
               be
               Recovered
               by
               vertue
               of
               this
               Act
               ,
               any
               Law
               ,
               Statute
               ,
               Usage
               or
               Custom
               to
               the
               contrary
               in
               any
               wise
               notwithstanding
               .
            
          
           
             And
             to
             the
             End
             that
             English-men
             may
             more
             entirely
             enjoy
             their
             due
             Freedoms
             ,
             the
             prudence
             of
             our
             Legislators
             have
             thought
             fit
             from
             time
             to
             time
             to
             Remove
             Encroachments
             thereupon
             ,
             though
             under
             pretence
             of
             Jurisdictions
             and
             Courts
             of
             Justice
             ;
             and
             to
             prohibit
             any
             Exorbitant
             Arbitrary
             Power
             for
             the
             future
             ,
             but
             that
             all
             things
             may
             be
             left
             to
             the
             calm
             and
             equal
             proceedings
             of
             Law
             ;
             and
             that
             most
             excellent
             Method
             of
             Trial
             by
             Juries
             ,
             one
             of
             the
             principal
             Bulwarks
             of
             England's
             Liberties
             .
             For
             an
             Instance
             hereof
             ,
             take
             the
             Act
             following
             .
          
        
      
       
         
           An
           Act
           for
           Regulating
           of
           the
           Privy
           Council
           ,
           and
           for
           taking
           away
           the
           Court
           commonly
           called
           the
           Star-Chamber
           .
        
         
           
             
               VVHereas
               by
               the
               Great
               Charter
               many
               times
               confirmed
               in
               Parliament
               ,
               it
               is
               Enacted
               ,
               That
               no
               Freeman
               shall
               be
               taken
               or
               Imprisoned
               ,
               or
               Disseized
               of
               his
               Freehold
               or
               Liberties
               ,
               or
               Free
               Customs
               ,
               or
               be
               Outlawed
               or
               Exiled
               ,
               or
               otherwise
               destroyed
               ;
               and
               that
               the
               King
               will
               not
               pass
               upon
               him
               ,
               or
               condemn
               him
               ,
               but
               by
               lawful
               Judgment
               of
               his
               Peers
               ,
               or
               by
               the
               Law
               of
               the
               Land
               :
               (
               2.
               )
               And
               by
               another
               Statute
               made
               in
               the
               fifth
               year
               of
               the
               Reign
               of
               King
               Edward
               ,
               it
               is
               Enacted
               ,
               That
               no
               man
               shall
               be
               Attached
               by
               any
               Accusation
               ,
               nor
               fore-judged
               of
               Life
               or
               Limb
               ,
               nor
               his
               Lands
               ,
               Tenements
               ,
               Goods
               nor
               Chattels
               seized
               into
               the
               
               King's
               Hands
               against
               the
               Form
               of
               the
               Great
               Charter
               ,
               and
               the
               Law
               of
               the
               Land
               :
               (
               3.
               )
               And
               by
               another
               Statute
               made
               in
               the
               five
               and
               twentieth
               year
               of
               the
               Reign
               of
               the
               same
               King
               Edward
               the
               third
               ,
               it
               is
               Accorded
               ,
               Assented
               ,
               and
               Established
               ,
               That
               none
               shall
               be
               taken
               by
               Petition
               ,
               or
               Suggestion
               made
               to
               the
               King
               ,
               or
               to
               his
               Council
               ,
               unless
               it
               be
               by
               Indictment
               or
               Presentment
               of
               good
               and
               lawful
               people
               of
               the
               same
               Neighbourhood
               ,
               where
               such
               Deeds
               be
               done
               ,
               in
               due
               manner
               ,
               or
               by
               Process
               made
               by
               Writ
               Original
               at
               the
               Common
               Law
               ;
               and
               that
               none
               be
               put
               out
               of
               his
               Franchise
               or
               Freehold
               ,
               unless
               he
               be
               duly
               brought
               in
               to
               Answer
               ,
               and
               fore-judged
               of
               the
               same
               by
               the
               course
               of
               the
               Law
               :
               And
               if
               any
               thing
               be
               done
               against
               the
               same
               ,
               it
               shall
               be
               Redressad
               ,
               and
               holden
               for
               none
               :
               (
               4.
               )
               And
               by
               another
               Statute
               made
               in
               the
               eight
               and
               twentieth
               year
               of
               the
               Reign
               of
               the
               same
               King
               Edward
               the
               Third
               ,
               it
               is
               amongst
               other
               things
               Enacted
               ,
               That
               no
               Man
               of
               what
               Estate
               or
               Condition
               soever
               he
               be
               ,
               shall
               be
               put
               out
               of
               his
               Lands
               or
               Tenements
               ,
               nor
               taken
               ,
               nor
               Imprisoned
               ,
               nor
               Dis-inherited
               ,
               without
               being
               brought
               in
               to
               Answer
               by
               due
               Process
               of
               Law
               :
               (
               5.
               )
               And
               by
               another
               Statute
               made
               in
               the
               two
               and
               fortieth
               year
               of
               the
               Reign
               of
               the
               said
               King
               Edward
               the
               Third
               ,
               it
               is
               Enacted
               ,
               That
               no
               Man
               be
               put
               to
               Answer
               without
               Presentment
               before
               Justices
               ,
               or
               matter
               of
               Record
               ,
               or
               by
               due
               Process
               and
               Writ
               Original
               ,
               according
               to
               the
               Old
               Law
               of
               the
               Land
               ;
               and
               if
               any
               thing
               be
               done
               to
               the
               contrary
               ,
               it
               shall
               be
               void
               in
               Law
               ,
               and
               holden
               for
               Errour
               :
               (
               6.
               )
               And
               by
               another
               Statute
               in
               the
               six
               and
               thirtieth
               year
               of
               the
               Reign
               of
               the
               same
               King
               Edward
               the
               Third
               ,
               it
               is
               amongst
               other
               things
               Enacted
               ,
               That
               all
               Pleas
               which
               shall
               be
               pleaded
               in
               any
               Courts
               before
               any
               of
               the
               King's
               Justices
               ,
               or
               in
               his
               other
               places
               ;
               or
               before
               any
               of
               his
               other
               Ministers
               ,
               or
               in
               the
               Courts
               and
               places
               of
               any
               other
               Lords
               within
               the
               Realm
               ,
               shall
               
               be
               Entred
               and
               Enrolled
               in
               Latine
               :
               (
               7.
               )
               And
               whereas
               by
               the
               Statute
               made
               in
               the
               third
               year
               of
               King
               Henry
               the
               Seventh
               ,
               Power
               is
               given
               to
               the
               Chancellor
               ,
               the
               Lord
               Treasurer
               of
               England
               ,
               for
               the
               time
               being
               ,
               and
               the
               Keeper
               of
               the
               Kings
               Privy
               Seal
               ,
               or
               two
               of
               them
               ,
               calling
               unto
               them
               a
               Bishop
               ,
               and
               a
               Temporal
               Lord
               of
               the
               King
               's
               Most
               Honourable
               Council
               ,
               and
               the
               Two
               Chief
               Justices
               of
               the
               King's
               Bench
               and
               Common
               Pleas
               for
               the
               time
               being
               ,
               or
               other
               two
               Justices
               in
               their
               Absence
               ,
               to
               proceed
               as
               in
               that
               Act
               is
               expressed
               ,
               for
               the
               punishment
               of
               some
               particular
               Offences
               therein
               mentioned
               :
               (
               8.
               )
               And
               by
               the
               Statute
               made
               in
               the
               one
               and
               twentyeth
               year
               of
               King
               Henry
               the
               Eighth
               ,
               the
               President
               of
               the
               Council
               is
               Associated
               to
               joyn
               with
               the
               Lord
               Chancellour
               ,
               and
               other
               Judges
               in
               the
               said
               Statute
               of
               the
               Third
               of
               Henry
               the
               Seventh
               mentioned
               :
               (
               9.
               )
               But
               the
               said
               Judges
               have
               not
               kept
               themselves
               to
               the
               points
               limited
               by
               the
               said
               Statute
               ,
               but
               have
               undertaken
               to
               punish
               where
               no
               Law
               doth
               warrant
               ,
               and
               to
               make
               Decrees
               for
               things
               having
               no
               such
               Authority
               ,
               and
               to
               Inflict
               heavier
               punishments
               than
               by
               any
               Law
               is
               warranted
               .
            
          
           
             2.
             
             
               And
               forasmuch
               as
               all
               matters
               Examinable
               or
               Determinable
               before
               the
               said
               Judges
               ,
               or
               in
               the
               Court
               commonly
               called
               the
               Star-Chamber
               ,
               many
               have
               their
               proper
               Remedy
               and
               Address
               ,
               &
               their
               due
               punishment
               and
               correction
               by
               the
               Common
               Law
               of
               the
               Land
               ,
               and
               in
               the
               ordinary
               course
               of
               Justice
               elsewhere
               :
               (
               2.
               )
               And
               forasmuch
               as
               the
               Reasons
               and
               Motives
               inducing
               the
               Erection
               and
               Continuance
               of
               that
               Court
               do
               now
               cease
               ;
               (
               3.
               )
               And
               the
               Proceedings
               ,
               Censures
               and
               Decrees
               of
               that
               Court
               ,
               have
               by
               Experience
               been
               found
               to
               be
               an
               Intollerable
               Burthen
               to
               the
               Subject
               ,
               and
               the
               means
               to
               Introduce
               an
               Arbitrary
               Power
               and
               Government
               :
               (
               4.
               )
               And
               forasmuch
               as
               the
               Council-Table
               hath
               of
               late
               times
               assumed
               unto
               it self
               a
               Power
               to
               Intermeddle
               in
               Civil
               ,
               and
               
               matters
               only
               of
               private
               Interest
               between
               Party
               and
               Party
               ,
               &
               have
               adventured
               to
               determin
               of
               the
               Estates
               and
               Liberties
               of
               the
               Subjects
               ,
               contrary
               to
               the
               Law
               of
               the
               Land
               ,
               and
               the
               Rights
               and
               Priviledges
               of
               the
               Subject
               ,
               by
               which
               great
               and
               manifold
               mischiefs
               and
               inconveniences
               have
               arisen
               and
               happened
               ,
               and
               much
               Incertainty
               by
               means
               of
               such
               proceedings
               hath
               been
               conceived
               concerning
               mens
               Rights
               and
               Estates
               ;
               for
               settling
               whereof
               ,
               and
               preventing
               the
               like
               in
               time
               to
               come
               ;
            
          
           
             3.
             
             
               Be
               it
               Ordained
               and
               Enacted
               by
               the
               Authority
               of
               this
               present
               Parliament
               ,
               That
               the
               said
               Court
               commonly
               called
               the
               Star-Chamber
               ,
               and
               all
               Jurisdiction
               ,
               Power
               and
               Authority
               belonging
               unto
               ,
               or
               Exercised
               in
               the
               same
               Court
               ,
               or
               by
               any
               the
               Judges
               ,
               Officers
               or
               Ministers
               thereof
               ,
               be
               from
               the
               first
               day
               of
               August
               ,
               in
               the
               Year
               of
               our
               Lord
               God
               ,
               one
               thousand
               six
               hundred
               forty
               and
               one
               clearly
               and
               absolutely
               dissolved
               ,
               taken
               away
               and
               determined
               ;
               (
               2.
               )
               And
               that
               from
               the
               said
               first
               day
               of
               August
               ,
               neither
               the
               Lord
               Chancellour
               or
               Keeper
               of
               the
               Great
               Seal
               of
               England
               ,
               the
               Lord
               Treasurer
               of
               England
               ,
               the
               Keeper
               of
               the
               Kings
               privy
               Seal
               ,
               or
               President
               of
               the
               Council
               ,
               nor
               any
               Bishop
               ,
               Temporal
               Lord
               ,
               privy
               Councellour
               ,
               or
               Judge
               ,
               or
               Justice
               whatsoever
               ,
               shall
               have
               any
               power
               or
               Authority
               to
               hear
               ,
               examine
               or
               determine
               any
               matter
               or
               thing
               whatsoever
               in
               the
               said
               Court
               commonly
               called
               the
               Star-Chamber
               ,
               or
               to
               make
               ,
               pronounce
               ,
               or
               deliver
               any
               Judgment
               ,
               Sentence
               ,
               Order
               or
               Decree
               ;
               or
               to
               do
               any
               Judicial
               or
               Ministerial
               Act
               in
               the
               said
               Court
               :
               (
               3.
               )
               And
               that
               all
               and
               every
               Act
               and
               Acts
               of
               Parliament
               ,
               and
               all
               and
               every
               Article
               ,
               clause
               ,
               and
               Sentence
               in
               them
               ,
               and
               every
               of
               them
               ,
               by
               which
               any
               Jurisdiction
               ,
               Power
               or
               Authority
               is
               given
               ,
               Limited
               or
               appointed
               ,
               unto
               the
               said
               Court
               commonly
               called
               the
               Star-Chamber
               ,
               or
               unto
               all
               ,
               or
               any
               the
               Judges
               ,
               Officers
               or
               Ministers
               thereof
               ,
               or
               for
               any
               Proceedings
               to
               be
               had
               or
               made
               in
               the
               said
               Court
               ,
               or
               for
               any
               matter
               
               or
               thing
               to
               be
               drawn
               into
               question
               ,
               Examined
               or
               determined
               there
               ,
               shall
               for
               so
               much
               as
               concerneth
               the
               said
               Court
               of
               Star-Chamber
               ,
               and
               the
               power
               and
               Authority
               thereby
               Given
               unto
               it
               ,
               be
               from
               the
               said
               first
               day
               of
               August
               Repealed
               and
               Absolutely
               Revoked
               and
               made
               void
               .
            
          
           
             4.
             
             
               And
               be
               it
               likewise
               Enacted
               ,
               That
               the
               like
               Jurisdiction
               now
               used
               and
               Exercised
               in
               the
               Court
               before
               the
               President
               and
               Council
               in
               the
               Marches
               of
               Wales
               ;
               (
               2.
               )
               and
               also
               in
               the
               Court
               before
               the
               President
               and
               Council
               Established
               in
               the
               Northern
               parts
               ;
               (
               3.
               )
               and
               also
               in
               the
               Court
               commonly
               called
               ,
               the
               Court
               of
               the
               Dutchy
               of
               Lancaster
               ,
               held
               before
               the
               Chancellour
               and
               Council
               of
               that
               Court
               ;
               (
               4.
               )
               And
               also
               in
               the
               Court
               of
               Exchequer
               of
               the
               County
               Palatine
               of
               Chester
               ,
               held
               before
               the
               Chamberlain
               and
               Council
               of
               that
               Court
               ;
               (
               5.
               )
               The
               like
               Jurisdiction
               being
               Exercised
               there
               ,
               shall
               from
               the
               said
               first
               day
               of
               August
               ,
               one
               thousand
               six
               hundred
               ,
               forty
               and
               one
               ,
               be
               also
               Repealed
               and
               Absolutely
               Revoked
               ,
               and
               made
               void
               ,
               any
               Law
               ,
               prescription
               ,
               Custom
               or
               Usage
               ,
               or
               the
               said
               statute
               made
               in
               the
               third
               year
               of
               King
               Henry
               the
               Seventh
               ,
               or
               the
               statute
               made
               the
               one
               and
               twentieth
               of
               Henry
               the
               Eighth
               ,
               or
               any
               Act
               or
               Acts
               of
               Parliament
               heretofore
               had
               or
               made
               ,
               to
               the
               Contrary
               thereof
               in
               any
               wise
               notwithstanding
               :
               (
               6.
               )
               And
               that
               from
               henceforth
               no
               Court
               ,
               Council
               ,
               or
               place
               of
               Judicature
               shall
               be
               Erected
               ,
               Ordained
               ,
               constituted
               or
               appointed
               within
               this
               Realm
               ,
               of
               England
               ,
               or
               Dominion
               of
               Wales
               ,
               which
               shall
               have
               ,
               use
               or
               Exercise
               ,
               the
               same
               ,
               or
               the
               like
               Jurisdiction
               ,
               as
               is
               or
               hath
               been
               used
               ,
               practised
               ,
               or
               Exercised
               in
               the
               said
               Court
               of
               Star-Chamber
               .
            
          
           
             5.
             
             
               Be
               it
               likewise
               declared
               and
               Enacted
               by
               Authority
               of
               this
               present
               Parliament
               ,
               That
               neither
               His
               Majesty
               ,
               nor
               his
               Privy
               Council
               ,
               have
               or
               ought
               to
               have
               any
               Jurisdiction
               ,
               Power
               or
               Authority
               by
               English
               Bill
               ,
               Petition
               ,
               Articles
               ,
               Libel
               ,
               or
               any
               other
               Arbitrary
               
               way
               whatsoever
               ,
               to
               Examine
               or
               draw
               into
               question
               ,
               determine
               or
               dispose
               of
               the
               Lands
               ,
               Tenements
               ,
               Hereditaments
               ,
               goods
               ,
               or
               Chattels
               of
               any
               of
               the
               Subjects
               of
               this
               Kingdom
               ;
               but
               that
               the
               same
               ought
               to
               be
               tryed
               and
               determined
               in
               the
               ordinary
               Courts
               of
               Justice
               ,
               and
               by
               the
               ordinary
               course
               of
               the
               Law.
               
            
          
           
             6.
             
             
               And
               be
               it
               further
               provided
               and
               Enacted
               ,
               That
               If
               any
               Lord
               Chancellor
               ,
               or
               Keeper
               of
               the
               Great
               Seal
               of
               England
               ,
               Lord
               Treasurer
               ,
               Keeper
               of
               the
               Kings
               Privy
               Seal
               ,
               President
               of
               the
               Council
               ,
               Bishop
               ,
               Temporal
               Lord
               ,
               Privy
               Councillor
               ,
               Judge
               or
               Justice
               whatsoever
               ,
               shall
               offend
               ,
               or
               do
               any
               thing
               contrary
               to
               the
               purport
               ,
               true
               intent
               and
               meaning
               of
               this
               Law
               ,
               Then
               he
               or
               they
               shall
               for
               such
               offence
               forfeit
               the
               sum
               of
               five
               hundred
               pounds
               of
               lawful
               Money
               of
               England
               ,
               unto
               any
               party
               grieved
               ,
               his
               Executors
               or
               Administrators
               ,
               who
               shall
               really
               prosecute
               for
               the
               same
               ,
               and
               first
               obtain
               Judgment
               thereupon
               ,
               to
               be
               Recovered
               in
               any
               Court
               of
               Record
               at
               Westminster
               ,
               by
               Action
               of
               Debt
               ,
               Bill
               ,
               Plaint
               ,
               or
               Information
               ,
               wherein
               no
               Essoign
               ,
               Protection
               ,
               Wager
               of
               Law
               ,
               Aid-prayer
               ,
               Priviledge
               ,
               Injunction
               or
               Order
               of
               Restraint
               ,
               shall
               be
               in
               any
               wise
               prayed
               ,
               granted
               or
               allowed
               ;
               nor
               any
               more
               than
               one
               Imparlance
               :
               (
               2.
               )
               And
               if
               any
               person
               against
               whom
               any
               such
               Judgment
               or
               Recovery
               shall
               be
               had
               as
               aforesaid
               ,
               shall
               after
               such
               Judgment
               or
               Recovery
               ,
               offend
               again
               in
               the
               same
               ,
               then
               he
               or
               they
               for
               such
               offence
               shall
               forfeit
               the
               Sum
               of
               one
               thousand
               pounds
               of
               lawful
               Money
               of
               England
               ,
               unto
               any
               party
               grieved
               ,
               his
               Executors
               or
               Administrators
               ,
               who
               shall
               really
               prosecute
               for
               the
               same
               ,
               and
               first
               obtain
               Judgment
               thereupon
               ,
               to
               be
               Recovered
               in
               any
               Court
               of
               Record
               at
               Westminster
               ,
               by
               Action
               of
               Dept
               ,
               Bill
               ,
               Plaint
               ,
               or
               Information
               ,
               in
               which
               no
               Essoign
               ,
               Protection
               ,
               Wager
               of
               Law
               ,
               Aid-prayer
               ,
               Priviledge
               ,
               Injunction
               or
               Order
               of
               Restraint
               ,
               shall
               be
               in
               any
               wise
               prayed
               ,
               granted
               or
               allowed
               ;
               nor
               any
               more
               than
               one
               Imparlance
               :
               (
               3.
               )
               And
               if
               any
               person
               against
               
               whom
               any
               such
               second
               Judgment
               or
               Recovery
               shall
               be
               had
               as
               aforesaid
               ,
               shall
               after
               such
               Judgment
               or
               Recovery
               ,
               offend
               again
               in
               the
               same
               kind
               ,
               and
               shall
               be
               thereof
               duly
               convicted
               by
               Indictment
               ,
               Information
               ,
               or
               any
               other
               lawful
               way
               or
               means
               ,
               that
               such
               person
               so
               convicted
               ,
               shall
               be
               from
               thenceforth
               disabled
               ,
               and
               become
               by
               virtue
               of
               this
               Act
               Incapable
               ,
               
                 ipso
                 facto
              
               ,
               to
               Bear
               his
               and
               their
               said
               Office
               and
               Offices
               Respectively
               ;
               (
               4.
               )
               And
               shall
               be
               likewise
               disabled
               to
               make
               any
               Gift
               ,
               Grant
               ,
               Conveyance
               ,
               or
               other
               Disposition
               of
               any
               of
               his
               Lands
               ,
               Tenements
               ,
               Hereditaments
               ,
               Goods
               or
               Chattels
               ;
               or
               to
               take
               any
               Benefit
               of
               any
               Gift
               ,
               Conveyance
               or
               Legacy
               to
               his
               own
               use
               .
            
          
           
             7.
             
             
               And
               every
               Person
               so
               offending
               shall
               likewise
               forfeit
               and
               lose
               to
               the
               party
               grieved
               ,
               by
               any
               thing
               done
               contrary
               to
               the
               true
               intent
               and
               meaning
               of
               this
               Law
               ,
               his
               treble
               Damages
               ,
               which
               he
               shall
               sustain
               and
               be
               put
               unto
               ,
               by
               means
               or
               occasion
               of
               any
               such
               Act
               or
               thing
               done
               ,
               the
               same
               to
               be
               Recovered
               in
               any
               of
               His
               Majesties
               Courts
               of
               Record
               at
               Westminster
               ,
               by
               Action
               of
               Debt
               ,
               Bill
               ,
               Plaint
               ,
               or
               Information
               ,
               wherein
               no
               Essoign
               ,
               Protection
               ,
               Wager
               of
               Law
               ,
               Aid-prayer
               ,
               Priviledge
               ,
               Injunction
               ,
               or
               Order
               of
               Restraint
               ,
               shall
               be
               in
               any
               wise
               prayed
               ,
               granted
               or
               allowed
               ,
               nor
               any
               more
               than
               one
               Imparlance
               .
            
          
           
             8.
             
             
               And
               be
               it
               also
               provided
               and
               Enacted
               ,
               That
               if
               any
               person
               shall
               hereafter
               be
               Committed
               ,
               Restrained
               of
               his
               Liberty
               ,
               or
               suffer
               Imprisonment
               ,
               by
               the
               Order
               or
               Decree
               of
               any
               such
               Court
               of
               Star-Chamber
               ,
               or
               other
               Court
               aforesaid
               ,
               now
               ,
               or
               at
               any
               time
               hereafter
               ,
               having
               ,
               or
               pretending
               to
               have
               the
               same
               or
               like
               Jurisdiction
               ,
               Power
               ,
               or
               Authority
               to
               Commit
               or
               Imprison
               as
               aforesaid
               :
               (
               2.
               )
               Or
               by
               the
               Command
               or
               Warrant
               of
               the
               King's
               Majesty
               ,
               His
               Heirs
               and
               Successors
               in
               their
               own
               Person
               ,
               or
               by
               the
               Command
               or
               Warrant
               of
               the
               Council-board
               ;
               or
               o●
               any
               of
               the
               Lords
               or
               others
               of
               His
               Majesties
               Privy
               
               Council
               :
               (
               3.
               )
               That
               in
               every
               such
               Case
               ,
               every
               person
               so
               Committed
               ,
               Restrained
               of
               his
               Liberty
               ,
               or
               suffering
               Imprisonment
               ,
               upon
               demand
               or
               motion
               made
               by
               his
               Council
               ,
               or
               other
               Imployed
               by
               him
               for
               that
               purpose
               ,
               unto
               the
               Judges
               of
               the
               Court
               of
               King's-Bench
               ,
               or
               Common-Pleas
               in
               open
               Court
               ,
               shall
               without
               delay
               ,
               upon
               any
               pretence
               whatsoever
               ,
               for
               the
               Ordinary
               Fees
               usually
               paid
               for
               the
               same
               ,
               have
               forthwith
               granted
               unto
               him
               a
               Writ
               of
               
                 Habeas
                 Corpus
              
               ,
               to
               be
               directed
               generally
               unto
               all
               and
               every
               Sheriffs
               ,
               Gaoler
               ,
               Minister
               ,
               Officer
               ,
               or
               other
               person
               in
               whose
               Custody
               the
               person
               Committed
               or
               Restrained
               shall
               be
               :
               (
               4.
               )
               And
               the
               Sheriffs
               ,
               Gaoler
               ,
               Minister
               ,
               Officer
               ,
               or
               other
               person
               ,
               in
               whose
               Custody
               the
               party
               so
               Committed
               or
               Restrained
               shall
               be
               ,
               shall
               at
               the
               Return
               of
               the
               said
               Writ
               ,
               and
               according
               to
               the
               command
               thereof
               ,
               upon
               due
               and
               convenient
               notice
               thereof
               given
               unto
               him
               ,
               at
               the
               Charge
               of
               the
               party
               who
               requireth
               or
               procureth
               such
               Writ
               ,
               and
               upon
               Security
               by
               his
               own
               Bond
               given
               ,
               to
               pay
               the
               Charge
               of
               carrying
               back
               the
               Prisoner
               ,
               if
               he
               shall
               be
               Remanded
               by
               the
               Court
               to
               which
               he
               shall
               be
               brought
               ;
               as
               in
               like
               cases
               hath
               been
               used
               ,
               such
               Charges
               of
               bringing
               up
               ,
               and
               carrying
               back
               the
               Prisoner
               ,
               to
               be
               alwaies
               Ordered
               by
               the
               Court
               ,
               if
               any
               difference
               shall
               arise
               thereabout
               ,
               bring
               or
               cause
               to
               be
               brought
               the
               Body
               of
               the
               said
               Party
               so
               Committed
               or
               Restrained
               unto
               ,
               and
               before
               the
               Judges
               or
               Justices
               of
               the
               said
               Court
               ,
               from
               whence
               the
               same
               Writ
               shall
               Issue
               ,
               in
               open
               Court
               :
               (
               5.
               )
               And
               shall
               then
               likewise
               certifie
               the
               true
               Cause
               of
               such
               his
               Detainour
               or
               Imprisonment
               ,
               and
               thereupon
               the
               Court
               within
               three
               Court-daies
               after
               such
               Return
               ,
               made
               and
               delivered
               in
               open
               Court
               ,
               shall
               proceed
               to
               Examine
               and
               Determine
               ,
               whether
               the
               Cause
               of
               such
               Commitment
               appearing
               upon
               the
               said
               Return
               ,
               be
               Just
               and
               Legal
               ,
               or
               not
               ,
               and
               shall
               thereupon
               do
               what
               to
               Justice
               shall
               appertain
               ,
               either
               by
               Delivering
               ,
               Bailing
               ,
               or
               
               Remanding
               the
               Prisoner
               :
               (
               6.
               )
               And
               if
               any
               thing
               shall
               be
               otherwise
               wilfully
               done
               ,
               or
               omitted
               to
               be
               done
               by
               any
               Judge
               ,
               Justice
               ,
               Officer
               ,
               or
               other
               Person
               aforementioned
               ,
               contrary
               to
               the
               direction
               and
               true
               meaning
               hereof
               ,
               then
               such
               person
               so
               offending
               shall
               forfeit
               to
               the
               party
               grieved
               ,
               his
               treble
               Damages
               ,
               to
               be
               Recovered
               by
               such
               means
               ,
               and
               in
               such
               manner
               as
               is
               formerly
               in
               this
               Act
               limited
               and
               appointed
               for
               the
               like
               penalty
               to
               be
               Sued
               for
               and
               Recovered
               .
            
          
           
             9.
             
             
               Provided
               alwayes
               ,
               and
               be
               it
               Enacted
               ,
               That
               this
               Act
               ,
               and
               the
               several
               Clauses
               therein
               contained
               ,
               shall
               be
               taken
               and
               Expounded
               to
               Extend
               only
               to
               the
               Court
               of
               Star-Chamber
               :
               (
               2.
               )
               And
               to
               the
               said
               Courts
               holden
               before
               the
               President
               and
               Council
               in
               the
               Marches
               of
               Wales
               :
               (
               3.
               )
               And
               before
               the
               President
               and
               Council
               in
               the
               Northern
               parts
               :
               (
               4.
               )
               And
               also
               to
               the
               Court
               commonly
               called
               the
               Court
               of
               the
               
                 Dutchy
                 of
                 Lancaster
              
               ,
               holden
               before
               the
               Chancellor
               and
               Council
               of
               that
               Court
               :
               (
               5.
               )
               And
               also
               in
               the
               Court
               of
               Exchequer
               ,
               of
               the
               County
               Palatine
               of
               Chester
               ,
               held
               before
               the
               Chamberlain
               ,
               and
               Council
               of
               that
               Court
               :
               (
               6.
               )
               And
               to
               all
               Courts
               of
               like
               Jurisdiction
               to
               be
               hereafter
               Erected
               ,
               Ordained
               ,
               Constituted
               ,
               or
               Appointed
               as
               aforesaid
               ;
               and
               to
               the
               Warrants
               and
               Directions
               of
               the
               Council-board
               ,
               and
               to
               the
               Commitments
               ,
               Restraints
               and
               Imprisonments
               of
               any
               person
               or
               persons
               made
               ,
               commanded
               or
               awarded
               by
               the
               King's
               Majesty
               ,
               His
               Heirs
               or
               Successors
               in
               their
               own
               Person
               ,
               or
               by
               the
               Lords
               and
               others
               of
               the
               Privy-Council
               ,
               and
               every
               one
               of
               them
               .
            
          
           
             
               And
               lastly
               ,
               Provided
               and
               be
               it
               Enacted
               ,
               That
               no
               person
               or
               persons
               shall
               be
               Sued
               ,
               Impleaded
               ,
               Molested
               or
               Troubled
               for
               any
               Offence
               against
               this
               present
               Act
               ,
               unless
               the
               party
               supposed
               to
               have
               so
               Offended
               shall
               be
               sued
               or
               Impleaded
               for
               the
               same
               within
               two
               years
               at
               the
               most
               after
               such
               time
               ,
               wherein
               the
               said
               Offence
               shall
               be
               committed
               .
            
          
        
         
           
           
             The
             Comment
             .
          
           
             THE
             Court
             of
             Star-Chamber
             (
             so
             called
             ,
             because
             held
             in
             a
             Chamber
             at
             Westminster
             ,
             the
             Roof
             of
             which
             is
             garnisht
             with
             Golden
             Stars
             )
             was
             not
             originally
             Erected
             ,
             but
             confirmed
             and
             establisht
             by
             the
             Stat.
             of
             the
             3
             
               H.
               7.
               
               Ca.
            
             1.
             
             For
             there
             had
             before
             been
             some
             such
             Jurisdiction
             ,
             as
             Cook
             observes
             4.
             
             
               Instit
               .
               fo
            
             .
             62.
             yet
             there
             is
             reason
             to
             believe
             ,
             That
             it
             grew
             up
             rather
             by
             Connivance
             and
             Usurpation
             ,
             than
             any
             due
             course
             of
             Law.
             The
             Crimes
             it
             pretended
             to
             punish
             were
             the
             Exorbitant
             Offences
             of
             Great
             Men
             ,
             (
             whom
             Inferiour
             Judges
             and
             Jurors
             (
             though
             they
             should
             not
             )
             would
             in
             respect
             of
             their
             Greatness
             be
             afraid
             to
             offend
             )
             Bribery
             ,
             Extortion
             ,
             Maintenance
             ,
             Champerty
             ,
             Imbracery
             ,
             Forgery
             ,
             Perjury
             ,
             Libelling
             ,
             Challenges
             ,
             Duels
             ,
             &c.
             
             Their
             proceedings
             were
             by
             English
             Bill
             ,
             and
             Process
             under
             the
             Great
             Seal
             ;
             and
             the
             punishments
             by
             them
             Inflicted
             were
             
               Fines
               ,
               Imprisonment
               ,
               Pillory
               ,
               Cutting
               off
               Ears
               ,
            
             &c.
             
             But
             whatever
             pretences
             there
             were
             for
             the
             setting
             up
             this
             Court
             at
             first
             ,
             't
             is
             certain
             it
             was
             made
             use
             of
             as
             a
             property
             of
             Arbitrary
             Power
             to
             Crush
             any
             whom
             the
             Ruling
             Ministers
             and
             Favourites
             had
             a
             mind
             to
             destroy
             ;
             and
             indeed
             there
             were
             Three
             things
             in
             the
             very
             nature
             of
             this
             Court
             ,
             which
             were
             destructive
             to
             the
             Original
             Constitution
             of
             our
             English
             Government
             and
             Liberties
             .
             1.
             
             They
             proceeded
             without
             Juries
             .
             2.
             
             They
             pretended
             to
             a
             Power
             to
             Examine
             men
             upon
             their
             Oaths
             touching
             Crimes
             by
             them
             supposed
             to
             be
             committed
             ,
             which
             is
             contrary
             to
             all
             Law
             and
             Reason
             ;
             For
             ,
             
               Nemo
               tenetur
               seipsum
               Accusare
               :
               No
               man
               is
               bound
               to
               accuse
               himself
               .
            
             3.
             
             The
             Judges
             of
             this
             Court
             proceeded
             by
             
               no
               known
               Law
               or
               Rules
            
             ,
             but
             were
             left
             at
             Liberty
             to
             Act
             Arbitrarily
             ,
             and
             according
             to
             their
             own
             pleasures
             ;
             whereas
             the
             Law
             of
             Engl.
             hates
             to
             leave
             to
             any
             such
             an
             unlimited
             Power
             ,
             but
             as
             it
             marks
             out
             the
             several
             species
             
             of
             Crimes
             ,
             such
             or
             such
             an
             Act
             shall
             be
             Treason
             ;
             this
             Felony
             ,
             that
             
               petty
               Larceny
            
             ,
             &c.
             
             So
             it
             awards
             certain
             and
             positive
             punishments
             ,
             proportionate
             to
             each
             of
             them
             .
             Therefore
             this
             Court
             being
             found
             a
             Grievance
             to
             the
             Subject
             ,
             was
             by
             this
             Act
             dissolved
             and
             taken
             away
             .
          
           
             And
             to
             the
             intent
             nothing
             of
             the
             like
             kind
             should
             by
             any
             other
             name
             be
             practised
             for
             the
             future
             ,
             it
             is
             Declared
             and
             Enacted
             ,
             That
             the
             King
             and
             His
             Privy
             Council
             shall
             not
             question
             or
             dispose
             of
             the
             Lands
             or
             Goods
             of
             any
             Subjects
             :
             And
             if
             they
             do
             ,
             each
             Privy
             Counsellor
             or
             present
             forfeits
             500l
             .
             to
             the
             party
             grieved
             .
          
           
             
               
                 
                   
                     A
                     Clause
                     in
                     the
                     Act
                     of
                     31.
                     
                     
                       Car.
                       2.
                       
                       C.
                    
                     1.
                     
                  
                   
                     
                       Whereas
                       by
                       the
                       Laws
                       and
                       Customs
                       of
                       this
                       Realm
                       ,
                       the
                       Inhabitants
                       thereof
                       cannot
                       be
                       compelled
                       against
                       their
                       wills
                       to
                       receive
                       Souldiers
                       into
                       their
                       Houses
                       ,
                       and
                       to
                       sojourn
                       them
                       there
                       ,
                       Be
                       it
                       Declared
                       and
                       Enacted
                       by
                       the
                       Authority
                       aforesaid
                       ,
                       That
                       no
                       Officer
                       ,
                       Military
                       or
                       Civil
                       ,
                       nor
                       any
                       other
                       person
                       whatever
                       ,
                       shall
                       from
                       henceforth
                       presume
                       to
                       Place
                       ,
                       Quarter
                       or
                       Billet
                       any
                       Souldier
                       or
                       Souldiers
                       upon
                       any
                       Subject
                       or
                       Inhabitant
                       of
                       this
                       Realm
                       ,
                       of
                       any
                       degree
                       ,
                       quality
                       or
                       profession
                       whatever
                       ,
                       without
                       his
                       consent
                       ;
                       And
                       that
                       it
                       shall
                       ,
                       and
                       may
                       be
                       lawful
                       for
                       every
                       such
                       Subject
                       and
                       Inhabitant
                       ,
                       to
                       refuse
                       to
                       Sojourn
                       or
                       Quarter
                       any
                       Souldier
                       or
                       Souldiers
                       ,
                       notwithstanding
                       any
                       Command
                       ,
                       Order
                       ,
                       Warrant
                       or
                       Billeting
                       whatever
                       .
                    
                  
                   
                     HAVING
                     thus
                     recited
                     several
                     of
                     the
                     most
                     material
                     Statutes
                     provided
                     by
                     the
                     care
                     and
                     wisdom
                     of
                     our
                     Ancestors
                     and
                     prudent
                     Legislators
                     for
                     the
                     Guarding
                     and
                     Securing
                     our
                     
                       English
                       Liberties
                    
                     ,
                     I
                     shall
                     now
                     for
                     the
                     Reader
                     's
                     Information
                     ,
                     proceed
                     to
                     add
                     certain
                     
                       other
                       Laws
                    
                     of
                     another
                     nature
                     ;
                     And
                     first
                     give
                     the
                     Reader
                     all
                     the
                     Statutes
                     at
                     this
                     day
                     in
                     force
                     against
                     
                       Protestant
                       Dissenters
                    
                     upon
                     the
                     account
                     of
                     Religion
                     ;
                     And
                     secondly
                     ,
                     an
                     Abstract
                     of
                     all
                     the
                     Laws
                     against
                     Papists
                     .
                  
                   
                     And
                     in
                     order
                     to
                     the
                     first
                     of
                     these
                     ,
                     we
                     begin
                     with
                     a
                     Statute
                     touching
                     the
                     Writ
                     
                       De
                       Excommunicato
                       Capiendo
                    
                     ,
                     upon
                     which
                     many
                     people
                     have
                     been
                     prosecuted
                     .
                     Which
                     Act
                     is
                     as
                     followeth
                     :
                  
                
              
            
          
        
      
       
         
         
           
             Anno
             Quinto
             Reginae
             Elizabethae
             ,
             Ca.
             23.
             
          
           
             
               An
               Act
               for
               the
               due
               Execution
               of
               the
               Writ
            
             De
             Excommunicato
             capiendo
             .
          
           
             
               FOrasmuch
               as
               divers
               persons
               offending
               in
               many
               great
               Crimes
               and
               Offences
               appertaining
               meerly
               to
               the
               Jurisdiction
               and
               Determination
               of
               the
               Ecclesiastical
               Courts
               and
               Judges
               of
               this
               Realm
               ,
               are
               many
               times
               unpunished
               for
               lack
               and
               want
               of
               the
               good
               and
               due
               Execution
               of
               the
               Writ
            
             de
             Excommunicato
             Capiendo
             ,
             
               directed
               to
               the
               Sheriff
               of
               any
               County
               ,
               for
               the
               taking
               and
               apprehending
               of
               any
               such
               Offenders
               :
               (
               2.
               )
               The
               great
               abuse
               whereof
               ,
               as
               it
               should
               seem
               ,
               hath
               grown
               ,
               for
               that
               the
               said
               Writ
               is
               not
               Returnable
               in
               any
               Court
               ,
               that
               might
               have
               the
               Judgment
               of
               the
               well
               Executing
               and
               serving
               of
               the
               said
               Writ
               ,
               according
               to
               the
               Contents
               thereof
               ;
               (
               3.
               )
               But
               hitherto
               have
               been
               left
               only
               to
               the
               discretion
               of
               the
               Sheriffs
               and
               their
               Deputies
               ,
               by
               whose
               Negligences
               and
               Defaults
               ,
               for
               the
               most
               part
               ,
               the
               said
               Writ
               is
               not
               Executed
               upon
               the
               Offenders
               as
               it
               ought
               to
               be
               .
               (
               4.
               )
               By
               reason
               whereof
               ,
               such
               Offenders
               be
               greatly
               encouraged
               to
               continue
               their
               sinful
               and
               criminous
               Life
               ,
               much
               to
               the
               displeasure
               of
               Almighty
               God
               ,
               and
               to
               the
               great
               contempt
               of
               the
               Ecclesiastical
               Laws
               of
               this
               Realm
               .
            
          
           
             2.
             
             
               Wherefore
               ,
               for
               the
               redress
               thereof
               ,
               be
               it
               enacted
               by
               the
               Queens
               Most
               Excellent
               Majesty
               ,
               with
               the
               assent
               of
               the
               Lords
               Spiritual
               and
               Temporal
               ,
               and
               the
               Commons
               in
               this
               present
               Parliament
               assembled
               ,
               and
               by
               the
               Authority
               of
               the
               same
               ;
               That
               from
               and
               after
               the
               first
               day
               of
               May
               next
               coming
               ,
               every
               Writ
               of
            
             Excommunicato
             Capiendo
             ,
             
               that
               shall
               be
               granted
               and
               Awarded
               ,
               out
               of
               the
               high
               Court
               of
               Chancery
               against
               any
               person
               or
               persons
               within
               the
               Realm
               of
            
             England
             ,
             
               shall
               be
               made
               in
               the
               time
               of
               the
               Term
               (
               2.
               )
               And
               Returnable
               before
               the
               Queen's
               Highness
               ,
               Her
               Heirs
               ,
               
               and
               Successors
               in
               the
               Court
               commonly
               called
               the
            
             King's
             Bench
             ,
             
               in
               the
               Term
               next
               after
               the
            
             Teste
             
               of
               the
               same
               Writ
               ;
               (
               3.
               )
               and
               the
               same
               writ
               shall
               be
               made
               to
               contain
               at
               the
               least
               twenty
               days
               between
               the
            
             Teste
             
               and
               the
               Return
               thereof
               ;
               (
               4.
               )
               And
               after
               the
               same
               writ
               shall
               be
               so
               made
               and
               sealed
               ,
               that
               then
               the
               said
               Writ
               shall
               be
               forthwith
               brought
               into
               the
               said
               Court
               of
            
             King's
             Bench
             ,
             
               and
               there
               in
               the
               presence
               of
               the
               Justices
               ,
               shall
               be
               opened
               and
               delivered
               of
               Record
               to
               the
               Sheriffs
               or
               other
               officer
               ,
               to
               whom
               the
               serving
               and
               Execution
               thereof
               shall
               appertain
               ,
               or
               to
               his
               or
               their
               Deputy
               or
               Deputies
               ?
               (
               5.
               )
               And
               if
               afterward
               it
               shall
               or
               may
               appear
               to
               the
               Justices
               of
               the
               same
               Court
               for
               the
               time
               being
               ,
               that
               the
               same
               writ
               so
               delivered
               of
               Record
               ,
               be
               not
               duty
               returned
               before
               them
               at
               the
               day
               of
               the
               return
               thereof
               ;
               or
               that
               any
               other
               Default
               or
               Negligence
               hath
               been
               used
               or
               bad
               ,
               in
               the
               not
               well
               serving
               and
               Executing
               of
               the
               said
               Writ
               ,
               that
               then
               the
               Justices
               of
               the
               said
               Court
               shall
               and
               may
               by
               Authority
               of
               this
               Act
               ,
               Assess
               such
               Amerciament
               upon
               the
               said
               Sheriff
               or
               other
               Officer
               in
               whom
               such
               Default
               shall
               appear
               ,
               as
               to
               the
               discretion
               of
               the
               said
               Justices
               shall
               be
               thought
               meet
               and
               convenient
               ;
               which
               Amerciament
               so
               Assessed
               ,
               shall
               be
               Estreated
               into
               the
               Court
               of
               Exchequer
               ,
               as
               other
               Amerciaments
               have
               been
               used
               .
            
          
           
             3.
             
             
               And
               he
               it
               further
               Enacted
               by
               the
               Authority
               aforesaid
               ,
               That
               the
               Sheriff
               or
               other
               Officer
               to
               whom
               such
               writ
               of
            
             Excommunicato
             Capiendo
             ,
             
               or
               other
               Process
               by
               virtue
               of
               this
               Act
               ,
               shall
               be
               directed
               ,
               shall
               not
               in
               any
               wise
               be
               compelled
               to
               bring
               the
               Body
               of
               such
               person
               or
               persons
               ,
               as
               shall
               be
               named
               in
               the
               said
               writ
               or
               Process
               ,
               into
               the
               said
               Court
               of
               the
            
             King
             's
             Beneh
             
               at
               the
               day
               of
               the
               Return
               thereof
               ;
               (
               2.
               )
               But
               shall
               only
               Return
               the
               same
               Writ
               and
               Process
               thither
               ,
               with
               Declaration
               briefly
               how
               and
               in
               what
               manner
               he
               hath
               served
               and
               Executed
               the
               same
               ,
               to
               the
               intent
               that
               thereupon
               the
               said
               Justices
               may
               
               then
               further
               therein
               proceed
               ,
               according
               to
               the
               Tenour
               and
               Effect
               of
               this
               present
               Act.
               
            
          
           
             4.
             
             
               And
               if
               the
               said
               Sheriff
               or
               other
               Officer
               to
               whom
               the
               Execution
               of
               the
               said
               writ
               shall
               so
               appertain
               ,
               do
               or
               shall
               Return
               ,
               that
               the
               party
               or
               parties
               named
               in
               the
               said
               Writ
               ,
               cannot
               be
               found
               within
               his
               Bailiwick
               ,
               that
               then
               the
               said
               Justices
               of
               the
            
             King's
             Bench
             
               for
               the
               time
               being
               ,
               upon
               every
               such
               Return
               ,
               shall
               Award
               one
               Writ
               of
            
             Capias
             
               against
               the
               said
               Persons
               or
               Persons
               named
               in
               the
               said
               Writ
               of
            
             Excommunicato
             Capiendo
             ;
             (
             2.
             )
             
               Returnable
               in
               the
               same
               Court
               in
               the
               Term-time
               ,
               two
               moneths
               at
               least
               next
               after
               the
            
             Teste
             
               thereof
               ;
               (
               3.
               )
               With
               a
               Proclamation
               to
               be
               contained
               within
               the
               said
               Writ
               of
            
             Capias
             ,
             
               that
               the
               Sheriff
               or
               other
               Officers
               ,
               to
               whom
               the
               said
               Writ
               shall
               be
               directed
               ,
               in
               the
               full
               County-Court
               ,
               or
               else
               at
               the
               General-Assizes
               and
               Goal-delivery
               to
               be
               holden
               before
               within
               the
               said
               County
               ,
               or
               at
               a
               Quarter-Sessions
               to
               be
               holden
               before
               the
               Justices
               of
               the
               Peace
               within
               the
               said
               County
               ,
               shall
               make
               open
               Proclamation
               ten
               daies
               at
               the
               least
               before
               the
               Return
               ,
               that
               the
               party
               or
               parties
               named
               in
               the
               said
               Writ
               ,
               shall
               within
               six
               days
               next
               after
               such
               Proclamation
               ,
               yield
               his
               or
               their
               Body
               or
               Bodies
               to
               the
               Prison
               of
               the
               said
               Sheriff
               or
               other
               such
               Officer
               ,
               there
               to
               remain
               as
               a
               Prisoner
               according
               to
               the
               Tenour
               and
               Effect
               of
               the
               first
               Writ
               of
            
             Excommunicato
             Capiendo
             ,
             
               upon
               pain
               or
               forfeiture
               of
               ten
               pounds
               :
               (
               4.
               )
               And
               thereupon
               after
               such
               Proclamation
               had
               ,
               and
               the
               said
               six
               days
               past
               and
               expired
               ,
               then
               the
               said
               Sheriff
               or
               other
               Officer
               ,
               to
               whom
               such
               Writ
               of
            
             Capias
             
               shall
               be
               directed
               ,
               shall
               make
               Return
               of
               the
               same
               Writ
               of
            
             Capias
             
               into
               the
               said
               Court
               of
               the
            
             King's
             Bench
             ,
             
               of
               all
               that
               he
               hath
               done
               in
               the
               Execution
               thereof
               ,
               and
               whether
               the
               party
               named
               in
               the
               said
               Writ
               ,
               have
               yielded
               his
               Body
               to
               Prison
               or
               not
               .
            
          
           
             5.
             
             
               And
               if
               upon
               the
               Return
               of
               the
               said
               Sheriff
               ,
               it
               shall
               appear
               ,
               that
               the
               party
               or
               parties
               named
               in
               the
               same
               
               VVrit
               of
            
             Capias
             ,
             
               or
               any
               of
               them
               ,
               have
               not
               yielded
               their
               Bodies
               to
               the
               Goal
               and
               Prison
               of
               the
               said
               Sheriff
               ,
               or
               other
               Officer
               ,
               according
               to
               the
               Effect
               of
               the
               same
               Proclamation
               ;
               that
               then
               every
               such
               person
               that
               so
               shall
               make
               default
               ,
               shall
               for
               every
               such
               default
               forfeit
               to
               the
               Queens
               Highness
               ,
               Her
               Heirs
               and
               Successors
               ten
               pounds
               ,
               (
               2.
               )
               VVhich
               shall
               likewise
               be
               Estreated
               by
               the
               said
               Justices
               into
               the
               said
               Court
               of
               Exchequer
               ,
               in
               such
               manner
               and
               form
               as
               fines
               and
               Amerciaments
               there
               taxed
               and
               assessed
               ,
               are
               used
               to
               be
               .
            
          
           
             6.
             
             
               And
               thereupon
               the
               said
               Justices
               of
               the
            
             King's-Bench
             
               shall
               also
               award
               forth
               another
               Writ
               of
            
             Capias
             
               against
               the
               said
               person
               or
               persons
               that
               so
               shall
               be
               Returned
               to
               have
               made
               default
               ,
               with
               such
               like
               Proclamation
               ,
               as
               was
               contained
               in
               the
               first
            
             Capias
             ,
             
               and
               a
               pain
               of
               twenty
               pounds
               ,
               to
               be
               mentioned
               in
               the
               said
               second
               Writ
               and
               Proclamation
               :
               (
               2
               )
               And
               the
               Sheriff
               ,
               or
               other
               Officer
               ,
               to
               whom
               the
               said
               second
               Writ
               ,
               of
            
             Capias
             ,
             
               shall
               be
               so
               directed
               ,
               shall
               serve
               and
               Execute
               the
               said
               Writ
               ,
               in
               such
               like
               manner
               and
               form
               ,
               as
               before
               is
               Expressed
               for
               the
               serving
               and
               Executing
               of
               the
               said
               first
               Writ
               of
            
             Capias
             .
             (
             3.
             )
             
               And
               if
               the
               Sheriff
               or
               other
               Officer
               shall
               return
               upon
               the
               said
               second
            
             Capias
             ,
             
               that
               he
               hath
               made
               the
               Proclamation
               according
               to
               the
               tenout
               and
               Effect
               of
               the
               same
               Writ
               ,
               and
               that
               the
               party
               hath
               not
               yielded
               his
               Body
               to
               Prison
               ,
               according
               to
               the
               Tenour
               of
               the
               said
               Proclamation
               ;
               that
               then
               the
               said
               party
               that
               so
               she
               ll
               make
               default
               ,
               shall
               for
               such
               his
               contempt
               and
               default
               ,
               forseit
               to
               the
               Queens
               Highness
               ,
               Her
               Heirs
               and
               Successors
               ,
               the
               Sum
               of
               twenty
               pounds
               ;
               (
               4.
               )
               which
               said
               Sum
               of
               twenty
               pounds
               ,
               the
               said
               Justices
               of
               the
            
             King's-Bench
             
               for
               the
               time
               being
               ,
               shall
               likewise
               cause
               to
               be
               Estreated
               into
               the
               said
               Court
               of
               Exchequer
               ,
               in
               manner
               and
               form
               aforesaid
               .
            
          
           
             7.
             
             
               And
               then
               the
               said
               Justices
               shall
               likewise
               Award
               forth
               another
               VVrit
               of
            
             Capias
             
               against
               the
               said
               party
               ,
               with
               such
               Proclamation
               and
               pain
               of
               forfeiture
               ,
               as
               
               was
               contained
               in
               the
               said
               second
               writ
               of
            
             Capias
             :
             (
             2.
             )
             
               and
               the
               Sheriff
               or
               other
               Officer
               to
               whom
               the
               said
               Third
               writ
               of
            
             Capias
             
               shall
               be
               so
               directed
               ,
               shall
               serve
               and
               Execute
               the
               said
               writ
               of
            
             Capias
             ,
             
               in
               such
               like
               mannor
               and
               form
               as
               before
               in
               this
               Act
               is
               expressed
               and
               declared
               ,
               for
               the
               serving
               and
               Executing
               of
               the
               said
               first
               and
               second
               writs
               of
            
             Capias
             :
             (
             3.
             )
             
               And
               if
               the
               Sheriff
               or
               other
               Officer
               to
               whom
               the
               Execution
               of
               the
               said
               third
               writ
               shall
               appertain
               ,
               do
               make
               Return
               of
               the
               said
               third
               writ
               of
            
             Capias
             ,
             
               that
               the
               Party
               upon
               such
               Proclamation
               hath
               not
               yielded
               his
               Body
               to
               Prison
               ,
               according
               to
               the
               Tenour
               thereof
               ,
               that
               then
               every
               such
               party
               for
               every
               such
               contempt
               and
               default
               ,
               shall
               likewise
               forfeit
               to
               the
               Queen's
               Majesty
               ,
               Her
               Heirs
               and
               Successors
               ,
               other
               twenty
               pounds
               :
               (
               4.
               )
               which
               Sum
               of
               twenty
               pound
               shall
               likewise
               be
               Estreated
               into
               the
               said
               Court
               of
               the
               Exchequer
               ,
               in
               manner
               and
               form
               aforesaid
               :
               (
               5.
               )
               And
               thereupon
               the
               said
               Justices
               of
               the
            
             King's
             Bench
             
               shall
               likewise
               Award
               forth
               one
               writ
               of
            
             Capias
             
               against
               the
               said
               party
               ,
               with
               like
               Proclamation
               ,
               and
               like
               pain
               of
               forfeiture
               of
               twenty
               pound
               :
               (
               6.
               )
               And
               that
               also
               the
               said
               Justices
               shall
               have
               Authority
               by
               this
               Act
               ,
               infinitely
               to
               Award
               such
               Process
               of
            
             Capias
             ,
             
               with
               such
               like
               Proclamation
               and
               pain
               of
               forf●iture
               of
               twenty
               pound
               as
               is
               before
               Limited
               ,
               against
               the
               said
               party
               ,
               that
               so
               shall
               make
               default
               in
               yielding
               of
               his
               B●●y
               to
               the
               Prison
               of
               the
               Sheriff
               ,
               until
               such
               time
               as
               by
               return
               of
               some
               of
               the
               said
               writs
               before
               the
               said
               Justices
               ,
               it
               shall
               and
               may
               appear
               ,
               that
               the
               said
               party
               hath
               yielded
               himself
               to
               the
               Custody
               of
               the
               said
               Sheriff
               ,
               or
               other
               Officer
               ,
               according
               to
               the
               Tenour
               of
               the
               said
               Proclamation
               ;
               (
               7.
               )
               And
               that
               the
               party
               upon
               every
               default
               and
               contempt
               by
               him
               made
               against
               the
               Proclamation
               of
               any
               of
               the
               said
               writs
               so
               infinitely
               to
               be
               Awarded
               against
               him
               ,
               shall
               incur
               like
               pain
               and
               forfeiture
               of
               twenty
               pound
               ,
               which
               shall
               likewise
               be
               Estreated
               in
               manner
               and
               form
               aforesaid
               .
            
          
           
           
             8.
             
             
               And
               be
               it
               further
               enacted
               by
               the
               Authority
               aforesaid
               ,
               That
               when
               any
               person
               or
               persons
               shall
               yield
               his
               or
               their
               Body
               or
               Bodies
               to
               the
               hands
               of
               the
               Sheriff
               ,
               or
               other
               Officer
               ,
               upon
               any
               of
               the
               said
               VVrits
               of
            
             Capias
             ,
             
               that
               then
               the
               same
               party
               or
               parties
               that
               shall
               so
               yield
               themselves
               ,
               shall
               remain
               in
               the
               Prison
               and
               Custody
               of
               the
               said
               Sheriff
               ,
               or
               other
               Officer
               ,
               without
               Bail
               ,
               Basion
               or
               Mainprise
               ,
               in
               such
               like
               manner
               and
               form
               ,
               to
               all
               intents
               and
               purposes
               ,
               as
               he
               or
               they
               should
               or
               ought
               to
               have
               done
               ,
               if
               he
               or
               they
               had
               been
               apprehended
               and
               taken
               upon
               the
               said
               VVrit
               of
            
             Excommunicato
             capiendo
             .
          
           
             9.
             
             
               And
               be
               it
               further
               Enacted
               by
               the
               Authority
               aforesaid
               ,
               that
               if
               any
               Sheriff
               or
               other
               Officer
               ,
               by
               whom
               the
               said
               VVrit
               of
            
             Capias
             ,
             
               or
               any
               of
               them
               shall
               be
               Returned
               ,
               as
               is
               aforesaid
               ,
               do
               make
               an
               untrue
               Return
               upon
               any
               the
               said
               VVrits
               ,
               that
               the
               party
               named
               in
               the
               said
               VVrit
               ,
               hath
               not
               yielded
               his
               Body
               upon
               the
               said
               Proclamations
               ,
               or
               any
               of
               them
               ,
               where
               indeed
               the
               party
               did
               yield
               himself
               according
               to
               the
               effect
               of
               the
               same
               ,
               that
               then
               every
               such
               Sheriff
               or
               other
               Officer
               ,
               for
               every
               such
               false
               and
               untrue
               Return
               ,
               shall
               forfeit
               to
               the
               party
               grieved
               ,
               and
               damnified
               by
               the
               said
               Return
               ;
               the
               Sam
               of
            
             40
             l.
             (
             2.
             )
             
               For
               the
               which
               Sum
               of
            
             40
             l.
             
               the
               said
               party
               grieved
               shall
               have
               his
               Recovery
               and
               due
               Remedy
               by
               Action
               of
               Debt
               ,
               Bill
               ,
               Plaint
               ,
               or
               Information
               ,
               in
               any
               of
               the
               Queens
               Courts
               of
               Record
               ,
               in
               which
               Action
               ,
               Bill
               ,
               Plaint
               ,
               or
               Information
               ,
               no
               Essoign
               ,
               Protection
               or
               Wager
               of
               Law
               shall
               be
               admitted
               or
               allowed
               for
               the
               party
               Defendant
               .
            
          
           
             10.
             
             
               Saving
               and
               Reserving
               to
               all
               Arch
               Bishops
               and
               Bishops
               ,
               and
               all
               others
               ,
               having
               Authority
               to
               certisie
               any
               person
               Excommunicated
               ,
               and
               like
               Authority
               to
               accept
               ,
               and
               receive
               the
               submission
               and
               satisfaction
               of
               the
               said
               person
               so
               Excommunicated
               ;
               in
               manner
               and
               form
               heretofore
               used
               ;
               (
               2.
               )
               And
               him
               to
               Absolve
               and
               Release
               ,
               and
               the
               same
               to
               signifie
               ,
               as
               
               heretofore
               it
               hath
               been
               accustomed
               ,
               to
               the
               Queen's
               Majesty
               ,
               Her
               Heirs
               and
               Successors
               ,
               into
               the
               High
               Court
               of
               Chancery
               ,
               (
               3.
               )
               And
               thereupon
               to
               have
               such
               VVrits
               for
               the
               deliverance
               of
               the
               said
               person
               so
               absolved
               and
               released
               from
               the
               Sheriff's
               Custody
               or
               Prison
               ,
               as
               heretofore
               they
               ,
               or
               any
               of
               them
               had
               ,
               or
               of
               right
               ought
               ,
               or
               might
               have
               had
               ;
               any
               thing
               in
               this
               present
               Statute
               specified
               or
               contained
               to
               the
               contrary
               hereof
               in
               any
               wise
               notwithstanding
               .
            
          
           
             11.
             
             
               Provided
               alwayes
               ,
               That
               in
            
             Wales
             
               the
               Counties
               Palatines
               of
            
             Lancaster
             ,
             Chester
             ,
             Durham
             ,
             and
             Ely
             ,
             
               and
               in
               the
               Cinque
               Ports
               ,
               being
               Jurisdictions
               and
               places
               Exempt
               ,
               where
               the
               Queen's
               Majesty
               's
               VVrit
               does
               not
               run
               ,
               and
               process
               of
            
             Capias
             ,
             
               from
               thence
               not
               Returnable
               into
               the
               said
               Court
               of
               the
            
             King's-Bench
             ,
             
               after
               any
            
             Significavit
             ,
             
               being
               of
               Record
               in
               the
               said
               Court
               of
            
             Chancery
             ;
             
               The
               Tenour
               of
               such
            
             Significavit
             by
             Mittimus
             
               shall
               be
               sent
               to
               such
               of
               the
               Head
               Officers
               of
               the
               said
               Country
               of
            
             Wales
             ,
             
               Counties
               Palatines
               ,
               and
               places
               Exempt
               ,
               within
               whose
               Offices
               ,
               Charge
               or
               Jurisdiction
               ,
               the
               Offenders
               shall
               be
               Resiant
               ;
               that
               is
               to
               say
               ,
               to
               the
               Chancellour
               or
               Chamberlain
               for
               the
               said
               County
               Palatine
               of
            
             Lancaster
             and
             Chester
             ,
             
               and
               for
               the
               Cinque-Ports
               ,
               to
               the
               Lord
               Warden
               of
               the
               same
               ,
               and
               for
            
             Wales
             and
             Ely
             ,
             
               and
               the
               County
               Palatine
               of
            
             Durham
             ,
             
               to
               the
               Chief
               Justice
               or
               Justices
               there
               :
               (
               2.
               )
               And
               thereupon
               every
               of
               the
               said
               Justices
               and
               Officers
               ,
               to
               whom
               such
               Tenour
               of
            
             Significavit
             with
             Mittimus
             
               shall
               be
               directed
               and
               delivered
               ,
               shall
               by
               virtue
               of
               this
               Estatute
               ,
               have
               Power
               and
               Authority
               ,
               to
               make
               like
               Process
               to
               the
               Inferiour
               Officer
               ,
               and
               Officers
               ,
               to
               whom
               the
               Execution
               of
               Process
               there
               doth
               appertain
               ,
               Returnable
               before
               the
               Justices
               there
               ,
               at
               their
               next
               Sessions
               or
               Courts
               ;
               two
               Moneths
               at
               the
               least
               after
               the
            
             Teste
             
               of
               every
               such
               Process
               :
               (
               3.
               )
               So
               alwayes
               ,
               as
               in
               every
               degree
               they
               shall
               proceed
               in
               their
               Sessions
               and
               Courts
               against
               the
               Offenders
               ,
               as
               the
               Justices
               of
               the
               said
               Court
               of
            
             King's-Bench
             
             
               are
               Limited
               by
               the
               Tenour
               of
               this
               Act
               ,
               in
               Term-times
               to
               do
               and
               Execute
               .
            
          
           
             12.
             
             
               Provided
               also
               ,
               and
               be
               it
               Enacted
               ,
               That
               any
               person
               at
               the
               time
               of
               any
               Process
               of
            
             Capias
             
               aforementioned
               ,
               Awarded
               ,
               being
               in
               Prison
               ,
               or
               out
               of
               this
               Realm
               in
               the
               parts
               beyond
               the
               Sea
               ,
               or
               within
               Age
               ,
               or
               of
            
             non
             sanae
             memoriae
             ,
             
               or
               woman
               Covert
               ,
               shall
               not
               incur
               any
               of
               the
               pains
               or
               forfeitures
               aforementioned
               ,
               which
               shall
               grow
               by
               any
               Return
               or
               Default
               happening
               ,
               during
               such
               time
               of
               Nonage
               ,
               Imprisonment
               ,
               being
               beyond
               the
               Sea
               ,
               or
            
             non
             sanae
             memoriae
             :
             (
             2.
             )
             
               And
               that
               by
               virtue
               of
               this
               Estatute
               ,
               the
               party
               grieved
               may
               plead
               every
               such
               cause
               or
               matter
               in
               bar
               of
               ,
               and
               upon
               the
               distress
               ,
               or
               other
               Process
               that
               shall
               be
               made
               for
               Levying
               of
               any
               of
               the
               said
               pains
               ,
               or
               forfeitures
               .
            
          
           
             13.
             
             
               And
               if
               that
               the
               Offender
               against
               whom
               any
               such
               Writ
               of
            
             Excommunicato
             Capiendo
             
               shall
               be
               Awarded
               ,
               shall
               not
               in
               the
               same
               Writ
               of
            
             Excommunicato
             Capiendo
             ,
             
               have
               a
               sufficient
               and
               lawful
               addition
               according
               to
               the
               form
               of
               the
               Statute
               of
            
             Primo
             of
             Henry
             
               the
               Fifth
               ,
               in
               cases
               of
               certain
               Suits
               ,
               whereupon
               Process
               of
               Exigent
               are
               to
               be
               Awarded
               :
               (
               2.
               )
               Or
               if
               in
               the
            
             Significavit
             
               it
               be
               not
               contained
               ,
               that
               the
               Excommunication
               doth
               proceed
               upon
               some
               cause
               or
               contempt
               of
               some
               Original
               matter
               of
               Heresie
               ,
               or
               refusing
               to
               have
               his
               or
               their
               child
               Baptized
               ,
               or
               to
               recieve
               the
               Holy
               Communion
               as
               it
               is
               now
               commonly
               used
               to
               be
               Received
               in
               the
               Church
               of
            
             England
             ,
             
               or
               to
               come
               to
               Divine
               Service
               ,
               now
               commonly
               used
               in
               the
               said
               Church
               of
            
             England
             ,
             
               or
               Errour
               in
               matters
               of
               Religion
               ,
               or
               Doctrine
               now
               received
               and
               allowed
               in
               the
               said
               Church
               of
            
             England
             ,
             
               Incontinency
               ,
               Vsury
               ,
               Simony
               ,
               Perjury
               in
               the
               Ecclesiastical
               Court
               ,
               or
               Idolatry
               .
               (
               3.
               )
               That
               then
               all
               and
               every
               pains
               and
               forfeitures
               limited
               against
               such
               persons
               Excommunicate
               by
               this
               statute
               by
               reason
               of
               such
               Writ
               of
            
             Excommunicato
             capiendo
             ,
             
               wanting
               sufficient
               Addition
               ,
               or
               of
               
               such
            
             Significavit
             ,
             
               wanting
               all
               the
               Causes
               afore
               mentioned
               ,
               shall
               be
               utterly
               void
               in
               Law
               ;
               (
               4.
               )
               and
               by
               way
               of
               Plea
               to
               be
               allowed
               to
               the
               party
               grieved
               .
            
          
           
             14.
             
             
               And
               if
               the
               Addition
               shall
               be
               with
               a
            
             Nuper
             
               of
               the
               place
               ,
               Then
               in
               every
               such
               case
               ,
               at
               the
               Awarding
               of
               the
               first
            
             Capias
             
               with
               Proclamation
               according
               to
               the
               form
               mentioned
               ,
               one
               VVrit
               of
               Proclamation
               (
               without
               any
               pain
               expressed
               )
               shall
               be
               Awarded
               into
               the
               County
               ,
               where
               the
               Offender
               shall
               be
               most
               commonly
               Resiant
               at
               the
               time
               of
               the
               Awarding
               of
               the
               said
               first
            
             Capias
             
               with
               pain
               ,
               in
               the
               same
               VVrit
               of
               Proclamation
               ,
               to
               be
               returnable
               the
               day
               of
               the
               return
               of
               the
               said
               first
            
             Capias
             ,
             
               with
               pain
               and
               Proclamation
               thereupon
               at
               some
               one
               such
               time
               and
               Court
               ,
               as
               is
               Prescribed
               for
               the
               Proclamation
               upon
               the
               said
               first
            
             Capias
             
               with
               pain
               :
               (
               2.
               )
               And
               if
               such
               Proclamation
               be
               not
               made
               in
               the
               County
               where
               the
               Offender
               shall
               be
               most
               commonly
               Resiant
               ,
               in
               such
               cases
               of
               Addition
               of
            
             Nuper
             ,
             
               That
               then
               such
               Offenders
               shall
               sustain
               no
               pain
               or
               forfeitures
               by
               vertue
               of
               this
               Statute
               ,
               for
               not
               yielding
               his
               or
               her
               body
               ,
               according
               to
               the
               Tenour
               afore-mentioned
               ,
               any
               thing
               before
               specified
               ,
               and
               to
               the
               Contrary
               hereof
               in
               any
               wise
               Notwithstanding
               .
            
          
        
         
           
             The
             Comment
             ,
             With
             a
             Discourse
             of
             the
             Nature
             of
             Excommunication
             ,
             and
             how
             to
             prevent
             or
             
               take
               off
            
             the
             VVrit
             
               De
               Excommunicato
               Capiendo
            
             .
          
           
             THough
             Excommunications
             pretend
             a
             Title
             
               Jure
               Divino
            
             ,
             as
             an
             Institution
             of
             Christ
             ,
             and
             therefore
             his
             
               Sacred
               Name
            
             is
             therein
             made
             use
             of
             ,
             and
             several
             other
             
               Spiritual
               Phrases
            
             purporting
             that
             the
             same
             ,
             and
             all
             proceedings
             thereunto
             ,
             are
             by
             his
             Authority
             ;
             yet
             they
             being
             so
             commonly
             thundered
             out
             ,
             by
             persons
             who
             have
             immediately
             no
             Authority
             from
             our
             Lord
             ,
             or
             his
             Word
             ,
             to
             manage
             them
             ;
             and
             for
             such
             
               trivial
               Crimes
            
             as
             no
             Law
             of
             God
             hath
             ordered
             
             them
             against
             ,
             and
             in
             such
             a
             
               Light
               and
               precipitant
            
             manner
             ,
             as
             no
             part
             of
             Holy
             Scripture
             warranteth
             :
             The
             wiser
             sort
             of
             men
             do
             therefore
             look
             upon
             them
             rather
             as
             Excommunings
             ,
             or
             a
             sort
             of
             Civil
             punishment
             ,
             like
             that
             in
             use
             among
             the
             
               Romans
               ,
               Interdico
               tibi
               aqua
               &
               igni
               ,
            
             than
             one
             of
             the
             solemn
             Institutions
             of
             God.
             And
             therefore
             waving
             any
             discourse
             of
             what
             Spiritual
             Influence
             or
             Effect
             may
             be
             dreaded
             from
             the
             same
             in
             our
             dayes
             ,
             which
             we
             hope
             are
             wise
             enough
             not
             to
             be
             Bug-Bear'd
             with
             that
             Maxim
             of
             the
             Canonists
             
               Excommunicatio
               sive
               Justa
               ,
               sive
               Injusta
               est
               timenda
               ;
               A
               Church-Curse
               ,
               be
               it
               Just
               ,
               or
               Unjust
               ,
               is
               to
               be
               feared
               .
            
             All
             that
             we
             shall
             speak
             to
             is
             matter
             
               of
               Law
            
             ,
             for
             so
             it
             is
             that
             there
             are
             
               Legal
               Bars
            
             and
             punishments
             formed
             by
             our
             Temporal
             Laws
             ,
             as
             long
             as
             the
             Legislative
             Power
             shall
             not
             be
             at
             leisure
             to
             consider
             of
             them
             ,
             and
             (
             if
             they
             find
             it
             requisite
             )
             Repeal
             them
             .
             For
             ,
          
           
             1.
             
             A
             person
             Excommunicated
             is
             forthwith
             
               disabled
               to
               Sue
            
             in
             any
             of
             His
             Majesties
             Courts
             ;
             not
             that
             thereby
             he
             loses
             his
             Right
             for
             ever
             ,
             but
             the
             Excommunication
             may
             be
             pleaded
             in
             Abatement
             of
             his
             present
             Action
             ,
             till
             the
             same
             is
             taken
             off
             by
             an
             Absolution
             .
             Yet
             note
             ,
             That
             whosoever
             is
             Instrumental
             in
             procuring
             ,
             solliciting
             ,
             decreeing
             or
             pronouncing
             the
             Excommunication
             ,
             shall
             never
             be
             allowed
             to
             plead
             it
             ;
             nor
             shall
             it
             be
             pleaded
             ,
             unless
             the
             Excommunication
             be
             ,
             signified
             by
             the
             
               Bishop
               himself
            
             ;
             for
             the
             Court
             will
             receive
             no
             Certificate
             from
             any
             to
             whom
             they
             cannot
             write
             to
             Absolve
             the
             person
             ,
             if
             they
             find
             cause
             .
          
           
             2.
             
             Likewise
             ,
             though
             a
             person
             Excommunicated
             may
             be
             appointed
             an
             Executor
             ,
             and
             is
             capable
             of
             having
             a
             Legacy
             given
             him
             ,
             yet
             so-long
             as
             he
             stands
             Excommunicated
             ,
             he
             is
             not
             to
             be
             allowed
             to
             
               prove
               the
               Will
            
             ,
             nor
             
               Sue
               for
               his
               Legacy
            
             in
             the
             Spiritual
             Court.
             But
             note
             ,
             whereas
             some
             say
             a
             man
             Excommunicated
             cannot
             Marry
             ;
             't
             is
             Non-sense
             ,
             for
             Marriage
             is
             
               de
               Jure
               Naturali
            
             ,
             and
             alike
             absurd
             it
             is
             for
             any
             to
             pretend
             ,
             that
             such
             a
             person
             cannot
             give
             his
             Suffrage
             in
             any
             
             Election
             ;
             as
             for
             Example
             of
             Parliament-men
             ,
             for
             the
             same
             is
             an
             idle
             dream
             ;
             the
             Law
             allows
             him
             a
             Voice
             ,
             so
             long
             as
             he
             hath
             a
             Free-hold
             of
             Forty
             Shillings
             
               per
               Annum
            
             ,
             though
             he
             were
             under
             forty
             Curses
             .
          
           
             3.
             
             If
             a
             person
             (
             justly
             or
             unjustly
             )
             Excommunicated
             ,
             continue
             so
             by
             the
             space
             of
             forty
             dayes
             then
             by
             the
             Common
             Law
             ,
             the
             Bishop
             certifying
             the
             same
             into
             Chancery
             ,
             (
             which
             is
             called
             a
             Significavit
             )
             there
             shall
             issue
             forth
             a
             Writ
             from
             thence
             to
             the
             Sheriff
             of
             the
             County
             where
             the
             party
             lives
             ,
             to
             Imprison
             him
             without
             Bail
             or
             Mainprize
             ,
             till
             he
             hath
             made
             satisfaction
             to
             Holy
             Church
             .
          
           
             This
             is
             called
             a
             Writ
             
               de
               Excommunicato
               Capiendo
            
             ,
             and
             such
             Imprisonment
             of
             a
             person
             Excommunicated
             by
             a
             Civil
             Sanction
             ,
             is
             not
             practised
             
               in
               any
               Nation
               in
               the
               world
            
             but
             ours
             ,
             and
             if
             it
             had
             here
             too
             been
             Buried
             with
             its
             Brother
             
               de
               Haeretico
               Comburendo
            
             ,
             I
             believe
             it
             would
             have
             had
             
               few
               Tears
            
             at
             its
             Funeral
             .
             But
             at
             Common
             Law
             the
             same
             Writ
             being
             not
             Returnable
             in
             any
             Court
             ,
             the
             Sheriffs
             took
             their
             own
             time
             ,
             and
             used
             their
             discretion
             in
             Executing
             it
             ;
             to
             inforce
             which
             ,
             this
             Statute
             was
             made
             ,
             whereby
             it
             is
             Enacted
             .
          
           
             1.
             
             That
             the
             said
             Writ
             shall
             be
             Returnable
             in
             the
             
               King's
               Bench
            
             ,
             yet
             the
             Sheriff
             need
             not
             bring
             thither
             the
             Body
             .
          
           
             2.
             
             If
             the
             Sheriff
             Return
             
               Non
               est
               Inventus
            
             .
             a
             Capias
             shall
             be
             Awarded
             with
             Proclamation
             ,
             to
             come
             in
             with
             six
             dayes
             ;
             if
             the
             party
             do
             not
             ,
             he
             forfeirs
             10
             l.
             and
             thenceforwards
             Capias
             after
             Capias
             ,
             and
             20
             l.
             forfeited
             on
             each
             .
          
           
             3.
             
             But
             note
             ,
             there
             are
             two
             Cases
             in
             which
             though
             a
             man
             stands
             out
             never
             so
             many
             Proclamations
             ,
             he
             shall
             forfeit
             nothing
             .
             And
             they
             two
             are
             these
             .
          
           
             1.
             
             VVhere
             the
             Party
             against
             whom
             the
             VVrit
             
               De
               Excommunicato
               Capiendo
            
             is
             Awarded
             ,
             hath
             not
             therein
             a
             sufficient
             and
             lawful
             Addition
             ;
             That
             is
             (
             saith
             
               Cowel
               )
               a
               Title
               over
               and
               above
               his
               Christian
               and
               Sirname
               ,
               shewing
               his
               State
               ,
               Degree
               ,
               Trade
               ,
               Occupation
               ,
               or
               Mystery
            
             (
             as
             
             Lord
             ,
             Knight
             ,
             Gentleman
             ,
             Yeoman
             ,
             Clothier
             ,
             and
             the
             like
             )
             
               and
               the
               Hamlet
               ,
               Town
               ,
               Parish
               ,
               and
               County
            
             where
             he
             is
             ,
             or
             lately
             was
             conversant
             and
             dwelling
             .
             And
             if
             it
             be
             with
             a
             Nuper
             [
             late
             of
             such
             a
             place
             ]
             then
             you
             see
             there
             must
             be
             made
             out
             one
             Capias
             without
             any
             penalty
             .
          
           
             2.
             
             VVhere
             it
             is
             not
             expressed
             in
             the
             Bishops
             Certificate
             ,
             that
             the
             Cause
             for
             which
             the
             party
             was
             originally
             Cited
             into
             the
             Spiritual
             Court
             ,
             was
             for
             one
             of
             these
             10
             Causes
             following
             ,
             
               viz.
               1.
               
               Heresie
            
             ;
             2.
             
             Refusing
             to
             have
             Children
             Baptized
             ;
             3.
             
             Refusing
             to
             Receive
             the
             Communion
             ;
             4.
             
             Refusing
             to
             come
             to
             
               Divine
               Service
               ;
               5.
               
               Errour
            
             in
             Religion
             or
             Doctrine
             ;
             6.
             
             
               Incontinency
               ;
               7.
               usury
               ;
               8.
               
               Simony
               ;
               9.
               
               Perjury
            
             in
             the
             Ecclesiastical
             Court
             ;
             or
             10.
             
             Idolatry
             .
          
           
             To
             know
             whether
             there
             be
             such
             cause
             expressed
             ,
             you
             may
             have
             
               a
               Copy
               of
               the
               Significavit
            
             at
             the
             Cursitors
             Office
             in
             Chancery-Lane
             .
          
           
             Then
             in
             either
             of
             these
             cases
             ,
             all
             pains
             and
             forfeitures
             limited
             by
             this
             Statute
             by
             reason
             of
             such
             VVrit
             of
             
               Excom
               .
               Cap.
            
             wanting
             such
             an
             Addition
             or
             Significavit
             ,
             wanting
             all
             the
             causes
             aforesaid
             ,
             shall
             be
             utterly
             void
             in
             Law
             ,
             and
             by
             way
             of
             plea
             to
             be
             allowed
             to
             the
             party
             grieved
             .
          
           
             Touching
             the
             Authority
             of
             the
             Courts
             called
             Spiritual
             or
             Ecclesiastick
             ,
             whether
             they
             have
             truly
             any
             at
             all
             by
             our
             present
             Laws
             ,
             I
             shall
             not
             here
             debate
             ;
             they
             that
             have
             a
             mind
             to
             hear
             what
             is
             to
             be
             said
             on
             that
             Theme
             ,
             may
             read
             Mr.
             Hickeringil's
             Book
             of
             
               Naked
               Truth
            
             ,
             or
             Mr.
             Care
             's
             Book
             written
             in
             the
             year
             1664.
             entituled
             ,
             
               A
               true
               Guide
               for
               all
               persons
               concerned
               in
               Ecclesiastical
               Courts
            
             ;
             neither
             of
             which
             I
             ever
             yet
             saw
             sufficiently
             Answered
             ;
             yet
             still
             since
             most
             certain
             it
             is
             ,
             that
             such
             Courts
             do
             proceed
             and
             Act
             ,
             we
             shall
             suppose
             them
             to
             have
             some
             Power
             ,
             and
             only
             inform
             our
             Reader
             of
             the
             course
             of
             their
             practice
             ,
             as
             it
             is
             used
             at
             this
             day
             ,
             and
             his
             best
             course
             to
             defend
             himself
             .
          
           
           
             You
             must
             note
             ,
             that
             persons
             are
             usually
             Excommunicated
             upon
             Contempt
             or
             Contumacy
             ,
             which
             may
             be
             ,
          
           
             1.
             
             
               If
               the
               party
               being
               duly
               Cited
               ,
               Denieth
               ,
               or
               Omitteth
               to
               appear
               :
            
             For
             if
             he
             be
             not
             personally
             summoned
             ,
             he
             needs
             not
             appear
             the
             first
             time
             ;
             but
             then
             their
             way
             is
             to
             Cite
             him
             by
             a
             Writ
             called
             
               Viis
               &
               Modis
            
             ,
             set
             up
             at
             the
             
               Doors
               of
               his
               House
            
             ,
             or
             at
             the
             
               Church
               Doors
            
             ,
             Citing
             him
             at
             a
             certain
             day
             to
             appear
             to
             answer
             ,
             &c.
             
             But
             (
             being
             personally
             Cited
             )
             if
             he
             doth
             not
             appear
             the
             first
             time
             ,
             or
             whether
             he
             be
             or
             no
             ,
             if
             he
             doth
             not
             appear
             the
             second
             time
             ,
             he
             is
             
               Excommunicated
               for
               Contempt
            
             .
             If
             he
             be
             Cited
             generally
             :
             the
             Law
             is
             ,
             
               That
               he
               shall
               appear
               the
               third
               day
               after
               the
               Service
               of
               the
               Citation
               .
            
             The
             Law
             also
             is
             ,
             that
             
               if
               he
               he
               will
               give
               the
               Apparator
            
             6d
             .
             
               he
               must
               bring
               him
               the
               full
               and
               true
               Copy
               of
               the
               Citation
               .
            
             If
             a
             day
             of
             appearance
             be
             mentioned
             ,
             and
             the
             same
             be
             not
             at
             least
             the
             third
             day
             from
             the
             Citation
             ;
             or
             if
             he
             hath
             before
             witnesses
             given
             the
             Apparator
             6d
             .
             to
             bring
             him
             a
             full
             and
             true
             Copy
             of
             the
             Citation
             ,
             and
             he
             doth
             not
             ,
             I
             conceive
             ,
             he
             needs
             not
             appear
             ,
             but
             listen
             what
             they
             do
             ;
             and
             if
             they
             decree
             him
             Excommunicated
             ,
             he
             may
             Appeal
             within
             15
             daies
             ,
             and
             bring
             from
             the
             
               Superiour
               Court
            
             ,
             an
             Inhibition
             to
             stop
             their
             proceedings
             against
             him
             .
             And
             further
             ,
             the
             Rule
             in
             that
             Law
             is
             ,
             
               Totus
               dies
               debetur
               Delinquenti
            
             .
             It
             is
             enough
             for
             a
             person
             to
             appear
             any
             hour
             of
             the
             day
             (
             provided
             it
             be
             a
             Court-hour
             )
             wherein
             he
             is
             Cited
             to
             appear
             ;
             so
             as
             though
             he
             be
             called
             before
             he
             comes
             ,
             vet
             if
             he
             appeareth
             that
             day
             ,
             he
             shall
             be
             discharged
             ,
             or
             he
             may
             Appeal
             .
          
           
             2.
             
             When
             he
             appeareth
             ,
             he
             shall
             demand
             his
             Charge
             ,
             which
             is
             either
             by
             a
             Presentment
             from
             Church-Wardens
             ,
             or
             by
             a
             Libel
             ,
             or
             Articles
             ,
             which
             are
             exhibited
             by
             a
             Promoter
             .
             Be
             it
             which
             it
             will
             ,
             he
             shall
             demand
             a
             Copy
             ;
             if
             it
             be
             denyed
             or
             delayed
             ,
             he
             may
             bring
             ,
             if
             he
             will
             ,
             a
             Prohibition
             from
             the
             
               King's
               Court
            
             at
             Westminster
             ,
             forbidding
             them
             to
             proceed
             in
             that
             
             Cause
             ,
             till
             they
             have
             given
             a
             full
             and
             true
             Copy
             of
             his
             Charge
             ,
             according
             to
             the
             Statute
             of
             2
             
               Hen.
               5.
               
               Ca.
            
             3.
             
          
           
             If
             he
             
               appeareth
               in
               person
            
             ,
             he
             ought
             to
             have
             his
             Charge
             the
             first
             Court-day
             ;
             if
             he
             appeareth
             
               by
               a
               Proctor
            
             ,
             they
             will
             usually
             (
             to
             get
             the
             Proctor
             
               more
               Fees
            
             )
             give
             to
             the
             second
             Court-day
             ,
             to
             bring
             in
             the
             Libel
             or
             Articles
             .
          
           
             4.
             
             If
             they
             deliver
             him
             not
             his
             Charge
             the
             second
             Court-day
             ,
             he
             may
             Appeal
             ,
             if
             upon
             his
             demand
             the
             Judge
             will
             not
             dismiss
             him
             ;
             or
             he
             may
             ,
             if
             he
             will
             ,
             bring
             his
             Prohibition
             ,
             for
             want
             of
             Articles
             ,
             and
             stop
             their
             further
             proceedings
             .
          
           
             5.
             
             If
             the
             proceedings
             be
             upon
             a
             Promotion
             ,
             and
             the
             Promoter
             hath
             Imployed
             a
             Proctor
             in
             the
             Case
             ,
             the
             party
             accused
             must
             know
             ,
             that
             no
             Proctor
             can
             be
             admitted
             without
             a
             Proxy
             ,
             that
             is
             ,
             Letters
             Procuratory
             under
             the
             
               Promoter's
               Hand
               and
               Seal
            
             ,
             authorizing
             him
             to
             act
             for
             him
             in
             the
             Case
             ;
             and
             when
             he
             hath
             that
             ,
             there
             must
             be
             an
             Act
             entred
             in
             Court
             to
             admit
             such
             a
             person
             Proctor
             in
             the
             Case
             .
             The
             party
             charged
             may
             go
             or
             send
             to
             the
             Register
             ,
             and
             demand
             a
             
               sight
               of
               both
               those
            
             ;
             the
             Reason
             in
             Law
             is
             this
             ,
             because
             
               any
               Proctor
               is
               liable
               to
               the
               Parties
               Action
               ,
            
             if
             he
             molesteth
             any
             person
             in
             the
             name
             of
             another
             ,
             without
             Authority
             from
             him
             .
             And
             secondly
             ,
             
               If
               there
               be
               no
               Act
               of
               Court
            
             admitting
             him
             as
             a
             Proctor
             ,
             though
             the
             party
             accused
             be
             Conqueror
             in
             the
             case
             ,
             yet
             
               he
               cannot
               Recover
               Costs
            
             ,
             because
             there
             is
             no
             
               Legal
               Adversary
            
             ,
             against
             whom
             they
             can
             be
             Recovered
             .
          
           
             6.
             
             According
             to
             the
             
               Statute-Law
               ,
               Every
               Informer
            
             ,
             if
             overthrown
             ,
             shall
             pay
             charges
             .
             According
             to
             the
             
               Civil
               and
               Canon
               Law
            
             ,
             none
             ought
             to
             be
             admitted
             as
             a
             
               Voluntary
               Promoter
            
             ,
             till
             he
             hath
             given
             security
             to
             pay
             the
             Charges
             .
             If
             overthrown
             ,
             The
             Party
             Accused
             therefore
             shall
             before
             he
             answereth
             the
             Articles
             ,
             demand
             this
             ;
             if
             it
             be
             denied
             by
             the
             Judge
             ,
             he
             may
             Appeal
             to
             the
             Superiour
             Court.
             It
             is
             also
             worth
             the
             
             persons
             Enquiry
             who
             is
             Accused
             ,
             to
             be
             well
             advised
             whether
             the
             Promoter
             in
             the
             
               Ecclesiastical
               Courts
            
             ,
             be
             not
             obliged
             to
             all
             those
             things
             ,
             that
             an
             Informer
             in
             the
             Secular
             Courts
             is
             tied
             to
             ,
             by
             the
             Statutes
             31
             
               Eliz.
               5.
               18.
               
               Eliz.
               5.
               21.
               
               Jac.
            
             4.
             
             The
             Reason
             is
             ,
             because
             those
             Statutes
             say
             ,
             
               Informers
               Upon
               any
               Penal
               Statutes
            
             ,
             and
             commonly
             Promoters
             in
             the
             
               Ecclesiastical
               Courts
            
             ,
             say
             such
             and
             such
             things
             are
             done
             contrary
             to
             the
             
               Statutes
               of
               this
               Realm
               ,
               as
               well
               as
               contrary
            
             to
             the
             Canons
             :
             now
             what
             things
             the
             Statutes
             ,
             which
             also
             name
             Promoters
             ,
             Require
             of
             such
             Informers
             and
             Promoters
             ,
             the
             Statutes
             do
             declare
             .
          
           
             7.
             
             VVhen
             the
             Party
             Accused
             hath
             a
             Copy
             of
             his
             Libel
             ,
             let
             him
             demand
             time
             to
             answer
             ;
             If
             the
             Judge
             denies
             him
             time
             (
             at
             least
             till
             the
             next
             Court-day
             )
             let
             him
             Appeal
             ;
             Having
             due
             time
             granted
             ,
             in
             the
             mean
             time
             let
             him
             duly
             consider
             the
             
               matter
               and
               form
               of
               his
               Libel
               .
            
             As
             to
             which
             let
             him
             amongst
             other
             things
             observe
             these
             that
             follow
             .
          
           
             1.
             
             VVhether
             the
             matters
             he
             be
             Charged
             with
             ,
             belong
             to
             the
             Cognisance
             of
             the
             
               Ecclesiastical
               Court
            
             ?
             If
             Lawyers
             tell
             him
             no
             ,
             let
             that
             be
             his
             Answer
             ,
             and
             let
             him
             hasten
             to
             bring
             his
             Prohibition
             ,
             which
             Lies
             in
             all
             such
             Causes
             .
          
           
             2.
             
             VVhether
             they
             have
             put
             into
             the
             Libel
             the
             
               Promotors
               Petition
               for
               Right
               and
               Justice
            
             to
             be
             done
             him
             :
             it
             is
             oft
             times
             left
             out
             .
             It
             is
             a
             Rule
             in
             their
             Law
             ,
             Libellus
             
               est
               ipso
               Jure
               nullus
               ,
               ubi
               nihil
               Petitur
               .
            
             If
             he
             finds
             that
             this
             is
             wanting
             ,
             let
             his
             Answer
             only
             be
             That
             the
             Libel
             is
             in
             Law
             utterly
             void
             ,
             and
             Insufficient
             ,
             and
             desire
             to
             be
             dismissed
             :
             If
             the
             Judge
             refuseth
             to
             dismiss
             him
             ,
             let
             him
             Appeal
             .
          
           
             3.
             
             Let
             him
             also
             Observe
             ,
             whether
             he
             be
             in
             the
             Articles
             laid
             to
             be
             
               one
               of
               the
               Diocess
            
             ,
             or
             a
             Parishoner
             of
             such
             a
             Parish
             ,
             for
             it
             be
             not
             laid
             ,
             it
             can
             never
             be
             proved
             ,
             and
             so
             the
             Promotor
             must
             fail
             in
             his
             Suit
             ;
             for
             what
             is
             not
             laid
             ,
             cannot
             be
             proved
             :
             
               Quicquid
               deponitur
               Extra
               Articulum
               ,
               deponitur
               Extra
               Legem
               ,
            
             is
             a
             Rule
             in
             their
             
             Law.
             If
             he
             be
             said
             to
             be
             a
             Parishioner
             of
             such
             a
             place
             ,
             within
             such
             a
             diocess
             ,
             let
             him
             not
             in
             his
             Answer
             Confess
             it
             but
             say
             ,
             
               He
               cannot
               determine
               the
               Bounds
               of
               Diocesses
               and
               parishes
               ,
               but
               for
               that
               he
               Referreth
               himself
               to
               the
               Law.
               
            
          
           
             4.
             
             Let
             him
             also
             observe
             ,
             if
             the
             things
             he
             be
             Charged
             to
             have
             done
             ,
             or
             omitted
             ,
             be
             within
             the
             compass
             of
             a
             year
             ,
             and
             whether
             there
             hath
             been
             since
             
               no
               Act
               of
               Grace
               or
               Oblivion
               ,
               which
               hath
               pardoned
               them
               ;
               and
               whether
               they
               be
               not
               such
               things
               as
               he
               hath
               been
               punished
               for
               ,
               or
               such
               things
               as
               the
               Statute-Law
               hath
               Limited
               the
               prosecution
               of
               to
               a
               less
               time
               than
               a
               year
               :
            
             For
             if
             any
             of
             these
             things
             be
             ,
             they
             may
             be
             given
             in
             answer
             to
             avoid
             eithor
             the
             whole
             ,
             or
             any
             part
             of
             the
             Charge
             .
             If
             the
             Judge
             will
             not
             accept
             the
             Answer
             ,
             the
             party
             may
             Sue
             out
             a
             Prohibition
             and
             stop
             them
             .
          
           
             5.
             
             Let
             him
             also
             observe
             ,
             
               whether
               he
               be
               charged
               certainly
               or
               particularly
               ,
            
             as
             to
             time
             and
             place
             ,
             or
             only
             generally
             and
             incertainly
             ;
             if
             he
             be
             charged
             only
             generally
             ,
             as
             for
             the
             most
             part
             he
             is
             ,
             in
             Church-VVardens
             Presentments
             ,
             not
             mentioning
             time
             and
             place
             ;
             or
             incertainly
             with
             Or
             's
             ,
             that
             he
             did
             not
             come
             to
             his
             Parish-Church
             ,
             such
             and
             such
             months
             and
             daies
             ,
             or
             was
             absent
             in
             some
             one
             ,
             or
             more
             ,
             or
             most
             of
             them
             :
             Let
             his
             Answer
             be
             ,
             that
             this
             Charge
             is
             
               void
               in
               Law
            
             ,
             for
             the
             
               generality
               or
               incertainty
               of
               it
            
             .
             If
             the
             Judge
             will
             not
             Receive
             his
             Answer
             ,
             let
             him
             Appeal
             ;
             for
             the
             Law
             of
             England
             alloweth
             no
             such
             Charges
             ,
             
               from
               which
               can
               be
               no
               Discharge
               ,
            
             or
             where
             the
             Crime
             is
             not
             fixed
             to
             a
             certain
             time
             .
             But
             it
             may
             be
             ,
             in
             this
             Case
             ,
             a
             Prohibition
             will
             be
             his
             best
             Remedy
             .
          
           
             6.
             
             Let
             him
             observe
             ,
             whether
             he
             be
             charged
             only
             upon
             Statute-Law
             ,
             or
             upon
             Canons
             ;
             if
             upon
             Canons
             ,
             let
             him
             in
             his
             Answer
             modestly
             refer
             himself
             to
             
               Persons
               Learned
               in
               the
               Statute-Laws
            
             ,
             whether
             any
             such
             Canons
             were
             ever
             
               Enacted
               ,
               Ratifyed
               ,
               Allowed
               ,
               or
               Confirmed
               by
               Parliament
               ,
               or
               by
               the
               Established
               Laws
               of
               the
               Land
               ,
            
             as
             they
             stood
             in
             the
             year
             1639.
             and
             if
             not
             ,
             whether
             they
             be
             not
             made
             void
             by
             the
             Statute
             13.
             
             Car.
             2.
             
          
           
           
             10.
             
             When
             he
             hath
             given
             his
             Answer
             ,
             which
             must
             be
             subscribed
             by
             his
             own
             hand
             ,
             it
             is
             usual
             for
             the
             
               Adverse
               Proctor
            
             to
             demand
             a
             time
             to
             prove
             his
             Articles
             ,
             for
             which
             the
             Judge
             at
             his
             pleasure
             granteth
             two
             ,
             three
             ,
             four
             ,
             or
             six
             Court-daies
             (
             usually
             but
             two
             )
             let
             him
             also
             at
             the
             same
             time
             move
             ,
             that
             he
             may
             have
             liberty
             within
             that
             time
             also
             ,
             to
             produce
             any
             Witnesses
             for
             his
             Defence
             ;
             if
             it
             be
             denied
             ,
             let
             him
             Appeal
             .
          
           
             11.
             
             Let
             him
             observe
             ,
             what
             time
             the
             Judge
             setteth
             his
             Adversary
             to
             produce
             his
             Witnesses
             in
             Court
             ,
             and
             whom
             he
             names
             for
             Witnesses
             for
             him
             .
             Let
             him
             also
             desire
             a
             time
             to
             be
             set
             in
             Court
             for
             him
             to
             produce
             his
             Witnesses
             ,
             and
             be
             careful
             to
             bring
             them
             at
             the
             time
             ,
             for
             they
             must
             all
             be
             sworn
             in
             the
             Court
             ,
             then
             Examined
             privately
             by
             the
             Register
             .
             Unless
             the
             Adversary
             desireth
             a
             
               Commission
               to
               Examine
            
             Witnesses
             ,
             (
             which
             is
             not
             often
             done
             ,
             because
             it
             is
             much
             more
             Chargeable
             )
             is
             that
             Case
             ,
             there
             are
             no
             Witnesses
             in
             the
             Court
             produced
             and
             Sworn
             ,
             but
             before
             those
             Commissioners
             .
          
           
             12.
             if
             the
             
               party
               Defendant
               will
            
             ,
             he
             may
             deliver
             in
             to
             the
             Register
             Interrogatories
             ,
             upon
             which
             the
             Register
             shall
             Cross-Examine
             his
             Adversaries
             VVitnesses
             .
             But
             he
             must
             be
             very
             wary
             as
             to
             this
             ,
             for
             he
             shall
             not
             afterward
             Except
             against
             any
             of
             his
             
               Adversaries
               Witnesses
            
             ,
             whom
             he
             hath
             Cross-Examined
             ,
             and
             made
             VVitnesses
             for
             himself
             .
          
           
             13.
             
             Let
             him
             
               Advise
               his
               own
               Witnesses
               to
               be
               very
               careful
               that
               the
               Register
               setteth
               down
               what
               they
               say
               ,
               in
               their
               own
               words
               ,
               that
               under
               the
               pretence
               of
               putting
               them
               into
               a
               decent
               phrase
               ,
               their
               whole
               sense
               be
               not
               altered
               .
            
          
           
             14.
             
             VVhen
             the
             
               time
               Probatory
            
             ,
             set
             at
             first
             by
             the
             Judge
             ,
             is
             expired
             ,
             let
             him
             desire
             of
             the
             Judge
             ,
             Publication
             .
             If
             the
             Judge
             will
             grant
             longer
             time
             to
             prove
             ,
             let
             him
             desire
             the
             Advantage
             of
             the
             same
             time
             also
             ,
             to
             bring
             more
             VVitnesses
             for
             himself
             ,
             which
             he
             may
             ,
             or
             may
             not
             ,
             make
             use
             of
             as
             he
             pleases
             .
             If
             once
             
             the
             Term
             given
             for
             proof
             be
             Expired
             ,
             let
             him
             desire
             Publication
             ,
             &
             Liberty
             to
             take
             out
             a
             
               Copy
               of
               the
               depositions
            
             .
          
           
             15.
             
             VVhen
             he
             hath
             got
             a
             Copy
             ,
             let
             him
             diligently
             observe
             ,
             if
             he
             can
             prove
             any
             thing
             contrary
             to
             what
             the
             VVitnesses
             ,
             or
             any
             of
             them
             have
             sworn
             ;
             if
             he
             can
             ,
             let
             him
             at
             the
             next
             Court-day
             ,
             offer
             a
             paper
             of
             general
             &
             
               Particular
               Exceptions
            
             ,
             shewing
             the
             Particulars
             which
             he
             Excepteth
             against
             in
             their
             depositions
             severally
             ,
             as
             well
             as
             his
             
               general
               Exceptions
            
             against
             them
             all
             .
             Let
             him
             desire
             a
             time
             to
             bring
             in
             witness
             ,
             to
             prove
             his
             Exceptions
             .
             If
             the
             Judge
             refuseth
             to
             admit
             his
             Exception
             ,
             or
             to
             give
             him
             due
             time
             to
             prove
             them
             ,
             he
             may
             again
             Appeal
             .
          
           
             16.
             
             VVhen
             once
             the
             Promoter
             hath
             Allowed
             to
             have
             Publication
             ,
             he
             may
             again
             move
             for
             time
             ,
             to
             Invalidate
             the
             proof
             of
             the
             Exceptions
             ,
             but
             not
             to
             fortifie
             his
             first
             proof
             .
             If
             any
             Liberty
             of
             that
             Nature
             be
             desired
             ,
             the
             defendant
             may
             Appeal
             ;
             for
             unless
             in
             a
             case
             for
             the
             King
             after
             Publication
             ,
             no
             new
             VVitnesses
             can
             be
             produced
             .
          
           
             17.
             
             VVhen
             the
             party
             against
             whom
             the
             Promotion
             is
             ,
             peruseth
             the
             deposition
             ,
             let
             him
             strictly
             observe
             ,
             whether
             the
             particulars
             he
             is
             charged
             with
             be
             proved
             by
             
               two
               Witnesses
            
             ;
             for
             it
             is
             a
             Rule
             in
             their
             Law
             ,
             
               Vox
               unius
               est
               Vox
               Nullius
            
             ,
             and
             if
             the
             Iudge
             will
             admit
             the
             thing
             proved
             
               by
               one
               Witness
            
             a
             Prohibition
             Lyes
             :
             for
             the
             Kings
             Judges
             ,
             will
             not
             only
             see
             ,
             that
             those
             Courts
             shall
             keep
             to
             matters
             truly
             belonging
             to
             their
             Jurisdiction
             ;
             but
             also
             that
             in
             the
             prosecution
             of
             them
             ,
             they
             shall
             keep
             to
             the
             
               Received
               Rules
            
             of
             their
             own
             Law
             ,
             in
             those
             main
             points
             of
             proof
             ,
             &c.
             
          
           
             18.
             
             It
             is
             an
             usual
             thing
             upon
             presentments
             by
             Church-VVardens
             ,
             when
             the
             party
             presented
             calls
             for
             proof
             of
             the
             presentment
             ,
             to
             tell
             them
             ,
             That
             the
             
               Church
               Wardens
               presentment
               is
               a
               Conviction
               ,
            
             they
             being
             sworn
             Officers
             .
             But
             this
             is
             contrary
             to
             the
             Law
             of
             England
             ,
             which
             alloweth
             no
             
               presentment
               by
               Officers
               ex
               Officio
            
             to
             be
             a
             
               Conviction
               ,
               If
               Grand
               Juries
            
             at
             Assizes
             and
             Sessions
             do
             present
             ,
             this
             is
             no
             Conviction
             ,
             but
             the
             persons
             must
             after
             this
             be
             Indicted
             ,
             and
             proof
             made
             by
             VVitnesses
             .
             If
             
             therefore
             the
             Ecclesiastical
             Court
             Insists
             on
             this
             ,
             the
             person
             may
             appeal
             ;
             or
             (
             which
             it
             may
             be
             is
             better
             )
             he
             may
             have
             a
             prohibition
             from
             the
             
               Kings
               Court
            
             at
             Westminster
             as
             some
             greater
             Lawyers
             think
             .
          
           
             19.
             
             VVhen
             the
             
               time
               for
               proof
            
             is
             Expired
             ,
             and
             Publication
             made
             ,
             and
             Exceptions
             given
             in
             and
             proved
             ,
             and
             Publication
             of
             those
             proofs
             also
             made
             ;
             either
             party
             may
             move
             for
             a
             time
             to
             be
             set
             to
             Conclude
             ,
             and
             to
             give
             the
             Judge
             Information
             of
             the
             whole
             state
             and
             merit
             of
             the
             Case
             ,
             and
             also
             to
             give
             Sentence
             in
             it
             .
          
           
             20.
             
             At
             the
             day
             set
             ,
             the
             Party
             Accused
             ,
             or
             Promoted
             against
             ,
             may
             Appear
             ,
             and
             shew
             to
             the
             Judge
             the
             whole
             state
             of
             the
             Case
             ,
             and
             plead
             it
             himself
             ;
             or
             ,
             if
             he
             will
             ,
             by
             an
             Advocate
             ,
             if
             any
             be
             at
             hand
             ;
             or
             for
             ought
             I
             know
             ,
             if
             there
             be
             none
             by
             Attorney
             ,
             or
             Counselor
             at
             Common-Law
             ;
             after
             which
             the
             Judge
             will
             appoint
             upon
             desire
             a
             day
             to
             give
             sentence
             .
          
           
             22.
             
             At
             that
             day
             the
             Party
             must
             have
             a
             form
             of
             an
             
               Absolutory
               Sentence
            
             ,
             ready
             to
             tender
             to
             the
             Judge
             ,
             if
             the
             Judge
             give
             Sentence
             against
             him
             he
             may
             appeal
             within
             15
             days
             ,
             by
             virtue
             of
             the
             statute
             ,
             24.
             
             Hen.
             8.
             12.
             
          
           
             22
             ,
             All
             along
             the
             Prosecution
             ,
             the
             person
             against
             whom
             the
             
               Prosecution
               is
            
             ,
             shall
             do
             well
             after
             every
             Court
             ,
             to
             get
             the
             
               Acts
               of
               the
               Courts
               in
               his
               Case
               ,
               under
               the
               Registers
               hand
               ,
            
             and
             to
             keep
             them
             by
             him
             carefully
             .
             So
             much
             I
             thought
             fit
             to
             add
             here
             for
             the
             Readers
             Instruction
             ,
             how
             to
             behave
             and
             Conduct
             himself
             when
             Troubled
             in
             
               those
               Courts
            
             ,
             because
             't
             is
             a
             practice
             very
             little
             understood
             ,
             by
             means
             whereof
             greedy
             
               Proctors
               ,
               Solicitors
            
             and
             other
             
               ill
               men
            
             frequently
             make
             a
             prey
             of
             honest
             people
             therein
             concerned
             .
          
           
             I
             shall
             now
             Recount
             the
             
               ways
               and
               means
            
             how
             to
             get
             off
             from
             the
             VVrit
             
               De
               Excommunicato
               Capiendo
            
             .
             —
             VVe
             told
             you
             before
             ,
             no
             Bail
             would
             be
             accepted
             ,
             nor
             will
             an
             
               Habeas
               Corpus
            
             avail
             you
             ,
             (
             unless
             you
             have
             a
             mind
             only
             to
             change
             the
             Prison
             )
             nor
             does
             a
             Prohibition
             or
             
               Homine
               Replegiando
            
             Lie.
             But
             the
             several
             ways
             to
             help
             (
             according
             as
             the
             Case
             happens
             )
             are
             as
             followeth
             ;
          
           
           
             1.
             
             
               If
               the
               Party
               Imprisoned
               hath
               brought
               a
               PROHIBITION
               ,
               by
               which
               the
               Ecclesiastical
               Court
               hath
               been
               commanded
               to
               proceed
               no
               further
               ,
               and
               to
               absolve
               the
               Person
               ,
               if
               Excommunicated
               ,
               and
               the
               Judge
               hath
               disobeyed
               the
               Writ
               ,
               and
               signified
               and
               procured
               the
               Party
               to
               be
               imprisoned
               ,
               the
               person
               that
               is
               imprisoned
            
             at
             any
             time
             in
             Term
             ,
             upon
             a
             Motion
             ,
             shall
             have
             first
             an
             Attachment
             against
             the
             Judge
             ,
             and
             then
             a
             Writ
             of
             Supersedeas
             to
             the
             Sheriff
             ,
             to
             deliver
             the
             Prisoner
             to
             follow
             the
             Attachment
             ,
             without
             any
             Submission
             to
             the
             Bishop
             at
             all
             ,
             or
             any
             Caution
             .
             Such
             Writ
             may
             be
             found
             in
             the
             Register
             of
             
               Original
               writs
            
             ,
             pag.
             66.
             
             Nay
             if
             the
             Attachment
             be
             granted
             ,
             and
             the
             Person
             be
             Imprisoned
             ,
             or
             a
             Writ
             out
             ,
             commanding
             him
             to
             be
             taken
             ,
             and
             the
             Term
             be
             done
             before
             the
             Attachment
             can
             be
             served
             ,
             the
             Register
             tell
             us
             ,
             that
             he
             shall
             have
             the
             same
             VVrit
             during
             the
             Vacation
             out
             of
             Chancery
             :
             Nay
             ,
             it
             is
             the
             Opinion
             of
             men
             skilled
             in
             the
             Law
             ,
             that
             he
             shall
             have
             such
             a
             Supersedeas
             ,
             upon
             Affidavit
             made
             ,
             that
             the
             proceedings
             are
             contrary
             to
             a
             Prohibition
             served
             upon
             the
             Judge
             ,
             though
             no
             such
             Attachment
             be
             taken
             out
             .
          
           
             2.
             
             
               If
               the
               Party
               imprisoned
               ,
               or
               against
               whom
               the
               Writ
               is
               to
               take
               him
               ,
               though
               he
               be
               not
               taken
               ,
               hath
               appealed
               according
               to
               the
               Statute
               ,
            
             24
             Hen.
             8.
             12.
             
             
               If
               he
               bringeth
               into
               the
            
             Court
             of
             Chancery
             
               an
               Authentick
               copy
               of
               his
               Appeal
               ,
               he
               shall
               have
               a
               Writ
               of
            
             Supersedeas
             
               to
               stop
               the
               Sheriff
               from
               apprehending
               him
               ,
               or
               to
               deliver
               him
               if
               he
               be
               apprehended
               ,
            
             only
             this
             must
             be
             within
             a
             Year
             after
             his
             Appeal
             ,
             that
             it
             may
             appear
             to
             the
             Court
             ,
             he
             hath
             not
             deserted
             his
             Appeal
             ;
             you
             may
             find
             forms
             of
             such
             a
             Supersedeas
             also
             in
             the
             
               Register
               of
               Original
               Writs
            
             ;
             both
             these
             are
             founded
             upon
             excellent
             Reason
             .
             The
             Law
             of
             England
             will
             not
             suffer
             Ecclesiastical
             Judges
             ,
             either
             to
             invade
             their
             Right
             ,
             or
             to
             exalt
             themselves
             against
             their
             Authority
             ,
             nor
             yet
             suffer
             
               Inferiour
               Ecclesiastical
               Courts
            
             to
             invade
             the
             
               Right
               ,
               Power
            
             ,
             and
             
               Authority
               of
               Superiour
               Courts
            
             in
             their
             own
             Order
             .
          
           
             3
             ,
             
               If
               a
               Person
               be
               sued
               in
               the
               Ecclesiastical
               Courts
               for
               a
               
               matter
               not
               within
               their
               Jurisdiction
               ,
               and
               they
               have
               caught
               him
               upon
               contempt
               ,
               in
               not
               appearing
               or
               not
               obeying
               their
               Sentence
               :
            
             Upon
             a
             suggestion
             to
             the
             Kings
             Courts
             ,
             if
             it
             appear
             to
             them
             ,
             that
             the
             Original
             matter
             was
             not
             cognoscible
             in
             the
             Ecclesiastical
             Courts
             ,
             they
             will
             supersed
             the
             Proceedings
             ,
             and
             order
             the
             imprisoned
             Person
             to
             be
             discharged
             .
          
           
             4.
             
             
               If
               the
               imprisoned
               Person
               ,
               or
               he
               against
               whom
               the
               Writ
               is
               out
               ,
               though
               he
               be
               not
               taken
               ,
               bring
               a
               Copy
               of
               the
               Bishops
            
             Significavit
             
               into
               the
               Courts
               at
            
             Westminster
             ,
             and
             make
             it
             appear
             to
             the
             Judges
             there
             ,
             that
             the
             cause
             of
             Excommunication
             is
             not
             therein
             expressed
             ,
             together
             with
             the
             day
             when
             it
             was
             pronounced
             ,
             if
             he
             be
             not
             said
             to
             be
             excommunicated
             
               Majori
               Excommunicatione
            
             ;
             if
             it
             be
             not
             signed
             by
             the
             Bishop
             ,
             or
             said
             to
             be
             done
             
               Authoritate
               nostra
               ordinaria
               :
               if
               the
               Party
               Excommunioated
               be
               not
               expressed
               by
               name
               ,
            
             the
             Court
             will
             deliver
             the
             person
             .
             Dr.
             Cozens
             mentions
             three
             of
             these
             cases
             ,
             and
             the
             Reader
             also
             may
             find
             them
             in
             the
             
               Register
               of
               Writs
            
             .
             The
             first
             he
             saith
             he
             cannot
             find
             in
             the
             Register
             ,
             viz.
             
               That
               the
               Articles
               or
               matter
               of
               the
               Libel
               must
               be
               expressed
               ,
            
             nor
             indeed
             do
             I
             find
             it
             there
             ,
             but
             it
             is
             in
             several
             Reports
             .
             The
             reasons
             are
             ,
             1.
             
             Because
             the
             Law
             will
             not
             suffer
             men
             to
             be
             imprisoned
             for
             every
             light
             offence
             ,
             (
             this
             
               Dr.
               Cozens
            
             gives
             .
             2.
             
             Because
             the
             Kings
             Courts
             can
             recieve
             Significavits
             from
             none
             but
             the
             person
             to
             whom
             (
             if
             need
             be
             )
             they
             may
             write
             to
             discharge
             the
             Prisoner
             :
             Nor
             will
             the
             Court
             suffer
             a
             person
             to
             be
             Excommunicated
             ,
             and
             lye
             in
             Prison
             for
             a
             Crime
             which
             the
             Ecclesiastical
             Court
             hath
             no
             judgment
             in
             ;
             nor
             yet
             unless
             it
             appeareth
             to
             the
             Court
             ,
             he
             hath
             stood
             Forty
             dayes
             excommunicated
             .
             Again
             heretofore
             whole
             Cities
             and
             Communities
             have
             been
             excommunicated
             ,
             therefore
             the
             person
             must
             be
             expressed
             by
             name
             ,
             or
             he
             shall
             not
             lie
             there
             .
          
           
             5.
             
             Let
             him
             procure
             the
             Copy
             of
             the
             Writ
             
               de
               Excommunicato
               Capiendo
            
             and
             observe
             ,
             first
             ,
             if
             it
             be
             issued
             in
             Term-time
             .
             2.
             
             
               If
               there
               were
               full
               twenty
               days
               betwixt
               
               the
               Test
               and
               Return
               .
               3.
               
               If
               it
               be
               made
               Returnable
               the
               next
               Term.
               4.
               
               If
               there
               be
               due
               Additions
               in
               it
               .
               5.
               
               If
               before
               it
               was
               delivered
               to
               the
               Sheriff
               ,
               it
               were
               Entered
               upon
               Record
               in
               the
            
             Kings-Bench
             ,
             
               and
               made
               Returnable
               into
               that
               Court.
            
             All
             these
             things
             are
             Required
             by
             the
             statute
             5
             Eiz
             :
             23
             ;
             If
             any
             of
             these
             Errours
             be
             found
             ,
             he
             shall
             upon
             motion
             in
             the
             Kings
             Bench
             be
             discharged
             ,
             and
             the
             Writ
             will
             be
             declared
             Illegal
             .
          
           
             Lastly
             ,
             If
             he
             can
             be
             delivered
             by
             none
             of
             these
             ways
             ,
             he
             may
             at
             any
             Sealing
             in
             the
             Chancery
             whether
             it
             be
             in
             Term
             ,
             or
             out
             of
             Term
             ,
             upon
             a
             petition
             to
             ,
             or
             motion
             before
             the
             L.
             Chancellor
             have
             the
             
               VVrit
               ,
               de
               Cautione
               Admittenda
            
             ,
             granted
             him
             (
             in
             case
             he
             hath
             before
             offered
             the
             Bishop
             a
             Bond
             of
             10.
             l
             :
             or
             20
             l.
             with
             Sureties
             
               stare
               &
               parere
               mandatis
               Ecclesiae
               in
               forma
               Juris
               )
            
             when
             he
             hath
             it
             ,
             let
             him
             by
             some
             Attorney
             ,
             or
             Attorneys
             Clerk
             send
             it
             ,
             and
             tender
             a
             Bond
             and
             Sufficient
             Sureties
             with
             it
             to
             the
             Bishop
             ,
             and
             demand
             the
             Discharge
             of
             the
             Prisoner
             ;
             If
             it
             be
             not
             presently
             done
             ,
             let
             him
             certifie
             so
             much
             ,
             and
             at
             the
             next
             Seal
             move
             for
             a
             second
             Writ
             to
             the
             Bishop
             ;
             or
             (
             which
             it
             may
             be
             is
             more
             adviseable
             )
             let
             him
             move
             for
             a
             second
             Writ
             to
             the
             Sheriff
             ,
             (
             the
             form
             of
             it
             is
             in
             the
             Register
             .
             )
             In
             that
             the
             King
             commandeth
             the
             Sheriff
             to
             admonish
             the
             Bishop
             to
             accept
             the
             Caution
             ,
             &
             to
             deliver
             the
             Prisoner
             ,
             and
             further
             commands
             him
             ,
             that
             in
             case
             he
             doth
             it
             not
             in
             his
             presence
             ,
             the
             Sheriff
             should
             do
             it
             himself
             .
             If
             the
             Sheriff
             yields
             not
             Obedience
             ;
             upon
             another
             Motion
             ,
             he
             ought
             to
             have
             a
             Writ
             to
             the
             Coroners
             ,
             commanding
             to
             take
             security
             of
             the
             Sheriff
             to
             appear
             at
             Westminster
             such
             a
             day
             ,
             to
             shew
             reason
             why
             he
             hath
             contemned
             the
             Kings
             Writ
             ,
             and
             further
             it
             commandeth
             the
             Coroners
             to
             take
             the
             Caution
             of
             the
             Prisoner
             ,
             and
             to
             deliver
             him
             .
             The
             Reader
             may
             find
             all
             this
             in
             the
             Register
             where
             are
             the
             Forms
             of
             all
             these
             Writs
             ,
             and
             also
             in
             Dr.
             
               Cozens
               Apology
            
             ,
             p.
             1.
             
             C.
             2.
             who
             being
             himself
             a
             Judge
             in
             the
             Ecclesiastical
             Courts
             ,
             cannot
             be
             presumed
             to
             have
             told
             us
             any
             
             thing
             but
             what
             is
             Law
             ,
             contrary
             to
             their
             own
             Interest
             .
          
           
             It
             is
             true
             ,
             the
             Bishop
             upon
             taking
             such
             
               Cautionary
               Bonds
            
             ,
             doth
             ordinarily
             Insist
             upon
             the
             persons
             paying
             the
             Prosecutors
             charges
             ,
             but
             it
             is
             unreasonable
             ,
             1.
             
             Because
             he
             hath
             nothing
             to
             do
             but
             to
             Execute
             the
             Command
             of
             the
             Writ
             ,
             which
             speaks
             not
             a
             word
             of
             charges
             .
             2.
             
             Because
             if
             the
             charges
             be
             legally
             due
             ,
             the
             Promoter
             must
             have
             also
             a
             legal
             way
             to
             Recover
             them
             ;
             if
             not
             ,
             it
             is
             Extortion
             for
             the
             Ecclesiastical
             Judge
             to
             Exact
             them
             .
             3.
             
             Because
             it
             is
             no
             sufficient
             Return
             to
             the
             King
             's
             Writ
             ,
             which
             mentioneth
             no
             such
             thing
             ,
             to
             say
             ,
             He
             could
             not
             discharge
             the
             Prisoner
             ,
             because
             he
             would
             not
             pay
             the
             Promoter's
             Charge
             .
          
           
             But
             because
             the
             Legal
             Charges
             are
             small
             ,
             usually
             the
             Prisoner
             for
             his
             Liberty
             will
             pay
             the
             charges
             ,
             which
             are
             as
             follow
             .
          
           
             
               
                 
                    
                
                 
                   l.
                   
                
                 
                   s.
                   
                
                 
                   d.
                   
                
              
               
                 
                   For
                   the
                   Adversary's
                   ,
                   Proctor
                   every
                   Court-day
                   until
                   he
                   was
                   Excommunicated
                   ,
                   and
                   that
                   day
                   when
                   the
                   Significavit
                   was
                   decreed
                   :
                   For
                   every
                   day
                
                 
                   00
                
                 
                   01
                
                 
                   00
                
              
               
                 
                   For
                   the
                   Proctor's
                   Procuratory
                   Letter
                   ,
                   Seal
                   and
                   VVax
                   .
                
                 
                   00
                
                 
                   01
                
                 
                   08
                
              
               
                 
                   For
                   certifying
                   the
                   Service
                   of
                   the
                   Citation
                
                 
                   00
                
                 
                   00
                
                 
                   06
                
              
               
                 
                   For
                   the
                   Articles
                   ,
                   if
                   there
                   were
                   any
                
                 
                   00
                
                 
                   05
                
                 
                   00
                
              
               
                 
                   For
                   an
                   Act
                   of
                   Court
                   ,
                   for
                   every
                   day
                
                 
                   00
                
                 
                   00
                
                 
                   02
                
              
               
                 
                   For
                   the
                   Significavit
                
                 
                   00
                
                 
                   05
                
                 
                   00
                
              
               
                 
                   For
                   the
                   Significavit
                   to
                   deliver
                   the
                   Prisoner
                
                 
                   00
                
                 
                   05
                
                 
                   00
                
              
               
                 
                   For
                   the
                   Excommunication
                   and
                   the
                   Schedule
                
                 
                   00
                
                 
                   02
                
                 
                   04
                
              
               
                 
                   For
                   the
                   VVrit
                   
                     de
                     Excommunicato
                     Capiendo
                  
                   ,
                   and
                   the
                   charge
                   of
                   Entring
                   it
                   upon
                   record
                   in
                   the
                   King's-Bench
                   about
                
                 
                   01
                
                 
                   01
                
                 
                   00
                
              
               
                 
                    
                
                 
                   02
                
                 
                   01
                
                 
                   08
                
              
               
               
                 
                   If
                   the
                   business
                   have
                   proceeded
                   no
                   further
                   than
                   a
                   Libel
                   and
                   Articles
                   ,
                   this
                   is
                   all
                   the
                   Legal
                   Charges
                   ;
                   but
                   if
                   it
                   hath
                   proceeded
                   further
                   ,
                   there
                   may
                   be
                   for
                   the
                   Copy
                   of
                   the
                   Answer
                
                 
                   00
                
                 
                   00
                
                 
                   09
                
              
               
                 
                   For
                   every
                   Witness
                   Examined
                   1
                   s.
                   and
                   for
                   the
                   first
                
                 
                   00
                
                 
                   01
                
                 
                   06
                
              
               
                 
                   For
                   a
                   Fee
                   to
                   the
                   Proctor
                   at
                   Inform.
                   
                
                 
                   00
                
                 
                   03
                
                 
                   00
                
              
               
                 
                   For
                   a
                   Definitive
                   Sentence
                
                 
                   00
                
                 
                   11
                
                 
                   00
                
              
               
                 
                   For
                   the
                   Advocate
                   at
                   the
                   Sentence
                
                 
                   00
                
                 
                   10
                
                 
                   00
                
              
            
          
           
             But
             note
             ,
             the
             Charges
             are
             more
             or
             less
             ,
             as
             the
             Cause
             went
             further
             or
             lesser
             way
             before
             the
             Excommunication
             .
          
           
             But
             if
             the
             Bishop
             will
             not
             take
             the
             Caution
             ,
             and
             discharge
             you
             ,
             you
             may
             have
             a
             second
             Writ
             directed
             to
             the
             High-Sheriff
             ,
             commanding
             him
             to
             go
             to
             the
             Bishop
             ,
             and
             require
             him
             to
             take
             the
             Caution
             ,
             and
             to
             deliver
             the
             Prisoner
             ,
             and
             requiring
             him
             to
             do
             it
             himself
             ,
             if
             the
             Bishop
             still
             refuse
             .
             And
             if
             the
             Sheriff
             do
             not
             do
             so
             ,
             you
             may
             have
             a
             Writ
             to
             the
             same
             purpose
             directed
             to
             the
             Coroner
             to
             do
             it
             ,
             as
             you
             may
             see
             in
             that
             Authentick
             Law-Book
             ,
             
               The
               Register
               of
               Original
               Writs
               ,
               fol.
            
             66
             ,
             and
             67.
             
             So
             careful
             were
             our
             Forefathers
             for
             the
             Liberty
             of
             the
             Subjects
             Persons
             .
             And
             hereby
             it
             appears
             that
             the
             Bishop
             is
             bound
             by
             Law
             to
             take
             such
             Caution
             ,
             that
             is
             ,
             
               Fidejussory
               Caution
            
             ,
             I
             mean
             by
             
               Bond
               and
               Sureties
            
             ,
             and
             thereupon
             to
             absolve
             the
             person
             Excommunicated
             ,
             though
             he
             will
             not
             take
             an
             
               Oath
               ,
               stare
               mandatis
               Ecclesiae
               ,
               To
               obey
               the
               commands
               of
               holy
               Church
               .
            
             As
             for
             what
             shall
             be
             accounted
             such
             
               sufficient
               Caution
            
             ,
             the
             practice
             is
             for
             the
             Party
             and
             two
             Friends
             (
             for
             there
             must
             be
             Two
             Sureties
             )
             to
             be
             bound
             in
             a
             Bond
             of
             10
             l.
             (
             seldom
             more
             ,
             or
             at
             most
             20
             l.
             )
             to
             the
             Bishop
             ,
             conditioned
             ,
             that
             the
             Party
             shall
             obey
             the
             Commands
             of
             the
             Church
             ,
             but
             such
             Bond
             when
             entred
             into
             is
             but
             a
             Formality
             ;
             for
             they
             
             are
             never
             put
             in
             Suit
             ,
             and
             indeed
             signifie
             nothing
             .
          
           
             Thus
             have
             we
             given
             our
             honest
             Countrey-men
             some
             few
             Directions
             how
             to
             act
             in
             this
             difficult
             and
             troublesom
             Affair
             ,
             being
             a
             Mystery
             unknown
             to
             many
             common
             practisers
             of
             the
             Law.
             
          
           
             Note
             also
             ,
             That
             by
             the
             Statute
             of
             
               Car.
               1.
               
               Ca.
            
             11.
             
             For
             taking
             away
             the
             high
             Commission
             Court
             ,
             there
             is
             the
             following
             Clause
             .
          
           
             
               And
               be
               it
               also
               Enacted
               by
               the
               Authority
               aforesaid
               that
               no
               Archbishop
               ,
               Bishop
               ,
               nor
               Viccar
               general
               nor
               any
               Chancellor
               Official
               nor
               Commissary
               of
               any
               Archbishop
               Bishop
               ,
               or
               Viccar
               general
               ,
               nor
               any
               Ordinary
               whatsoever
               nor
               any
               other
               Spiritual
               or
               Ecclesiastical
               Judge
               ,
               Officer
               or
               Minister
               of
               Justice
               ,
               &c.
               shall
               
                 Ex
                 officio
              
               ,
               or
               at
               the
               Instance
               ,
               or
               promotion
               of
               any
               other
               person
               whatsoever
               urge
               ,
               enforce
               ,
               tender
               ,
               give
               ,
               or
               minister
               unto
               any
               Church
               Warden
               Sideman
               ,
               or
               other
               person
               whatsoever
               any
               Corporal
               Oath
               ,
               whereby
               ,
               he
               or
               she
               shall
               or
               may
               be
               charged
               or
               obliged
               to
               make
               any
               presentment
               of
               any
               Crime
               or
               offence
               ,
               or
               to
               confess
               or
               to
               accuse
               himself
               or
               herself
               of
               any
               Crime
               ,
               offence
               ,
               delinquency
               ,
               or
               misdemeanor
               ,
               or
               any
               Neglect
               ,
               matter
               or
               thing
               ,
               whereby
               or
               by
               reason
               whereof
               he
               or
               she
               shall
               or
               may
               be
               liable
               ,
               or
               exposed
               to
               any
               censure
               ,
               pain
               ,
               penalty
               ,
               or
               punishment
               whatsoever
               ,
               upon
               pain
               and
               penalty
               that
               every
               person
               who
               shall
               offend
               contrary
               to
               this
               Statute
               shall
               forfeit
               and
               pay
               Treble
               damages
               to
               every
               person
               thereby
               greived
               and
               the
               sum
               of
               100
               l.
               to
               him
               or
               them
               who
               shall
               first
               demand
               and
               sue
               for
               the
               same
               .
            
          
           
             And
             tho
             by
             the
             Statute
             13
             
               Car.
               2.
               
               Ca.
            
             12.
             part
             of
             this
             Statute
             is
             abrogated
             ,
             yet
             this
             Clause
             is
             Excepted
             ,
             and
             confirmed
             by
             an
             express
             Proviso
             of
             the
             said
             last
             Act.
             And
             there
             are
             many
             precedents
             since
             His
             Majesties
             Restauration
             ,
             where
             Church
             Wardens
             being
             prosecuted
             in
             the
             Spir.
             Court
             for
             not
             Swearing
             to
             the
             Bishops
             
               Book
               of
               Articles
            
             of
             Inquiry
             ,
             have
             moved
             the
             Kings-Bench
             or
             common
             Pleas
             ,
             and
             obtained
             a
             
             prohibition
             to
             stop
             such
             proceedings
             ,
             as
             particularly
             in
             the
             Case
             of
             one
             Waters
             of
             Chichester
             in
             the
             
               Common
               Pleas.
            
             
          
           
             AND
             now
             coming
             to
             speak
             of
             the
             Laws
             upon
             which
             
               Protestant
               Dissenters
            
             are
             commonly
             prosecuted
             or
             threatned
             to
             be
             prosecuted
             ,
             I
             must
             for
             the
             Reader
             's
             better
             understanding
             ,
             distinguish
             them
             ;
             for
             the
             truth
             is
             ,
             They
             are
             of
             two
             different
             Natures
             and
             kinds
             .
          
           
             1.
             
             Some
             Statutes
             which
             were
             wholly
             designed
             
               against
               Papists
            
             ,
             and
             ought
             only
             to
             be
             Exerted
             against
             them
             ,
             which
             yet
             some
             now
             would
             wrest
             and
             distort
             ,
             and
             make
             them
             Serve
             as
             Rods
             wherewith
             to
             lash
             dissenting
             Protestants
             for
             not
             coming
             to
             Church
             ,
             Receiving
             the
             Sacrament
             ,
             &c.
             
          
           
             2.
             
             The
             Laws
             that
             were
             indeed
             made
             against
             Puritan
             Sectaries
             (
             as
             they
             call
             them
             )
             or
             dissenting
             Protestants
             .
          
           
             I
             shall
             first
             breifly
             sum
             up
             all
             the
             first
             Sort
             ,
             how
             many
             and
             what
             they
             are
             ,
             and
             show
             you
             the
             Reasons
             why
             they
             ought
             not
             to
             be
             turned
             upon
             such
             dissenters
             :
             The
             Statutes
             I
             mean
             are
             in
             number
             
               Five
               ,
               viz.
            
             The
             1.
             
             Elizabeth
             ,
             Ca.
             2.
             
             The
             23.
             
             
               Elizabeth
               Ca.
            
             1.
             
             The
             29.
             
             
               Elizabeth
               Ca.
            
             6.
             
             The
             1.
             
             
               Jac.
               Ca.
            
             4.
             and
             3
             
               Jac.
               Ca.
            
             4.
             which
             we
             shall
             handle
             in
             order
             .
          
           
             1.
             
             The
             Act
             of
             the
             1.
             
             
               Eliz.
               Cap.
            
             2.
             
             Was
             made
             Immediately
             after
             that
             Queens
             coming
             to
             the
             Crown
             ,
             when
             she
             found
             nothing
             but
             Papists
             and
             Protestants
             in
             General
             .
             For
             the
             word
             Puritan
             in
             those
             days
             was
             not
             known
             ,
             (
             much
             less
             our
             modern
             Terms
             of
             Reproach
             ,
             
               Whig
               ,
               Sectary
            
             ,
             or
             Fanatick
             )
             and
             she
             being
             a
             good
             Protestant
             (
             having
             been
             Educated
             therein
             )
             and
             resolved
             to
             support
             that
             Religion
             ,
             casting
             about
             with
             her
             wise
             Council
             how
             to
             do
             it
             ,
             That
             the
             Indifferent
             and
             moderate
             sort
             of
             Papists
             might
             not
             be
             too
             much
             disgusted
             or
             alienated
             from
             the
             Protestant
             Religion
             ,
             but
             be
             rather
             invited
             to
             close
             therewith
             ,
             It
             was
             therefore
             on
             mature
             deliberation
             Concluded
             to
             
             go
             on
             gently
             as
             to
             the
             Reformation
             ,
             and
             not
             to
             throw
             off
             all
             the
             Ceremonies
             at
             once
             :
             And
             therefore
             having
             a
             pattern
             of
             Protestant
             discipline
             made
             in
             King
             Edward
             the
             6.
             time
             she
             follows
             the
             same
             steps
             as
             near
             as
             could
             be
             in
             the
             beginning
             ,
             and
             builds
             on
             the
             same
             Foundation
             which
             her
             pious
             Brother
             and
             his
             wise
             and
             
               honest
               Council
            
             had
             laid
             .
             Therefore
             the
             first
             Act
             she
             passed
             ,
             was
             to
             take
             off
             the
             Jurisdiction
             of
             the
             See
             of
             Rome
             (
             which
             had
             been
             Re-introduc'd
             by
             her
             Sister
             Mary
             of
             
               unhappy
               Memory
            
             )
             and
             to
             take
             off
             all
             Coercive
             power
             whatsoever
             from
             Ecclesiastical
             Persons
             ,
             and
             all
             was
             annext
             to
             the
             Imperial
             Crown
             of
             England
             .
             This
             Act
             was
             Intituled
             ,
             
               An
               Act
               to
               Restore
               to
               the
               Crown
               the
               antient
               Jurisdiction
               ,
               &c.
               1.
               
               Eliz.
               Ca.
            
             1.
             
             And
             hereby
             all
             the
             Laws
             made
             in
             the
             time
             of
             Queen
             Mary
             for
             settling
             the
             Popes
             Authority
             in
             England
             were
             Repealed
             .
             And
             also
             
               [
               Section
               the
               18th
            
             ]
             power
             is
             given
             to
             the
             Queen
             to
             grant
             
               Commissions
               under
               the
               Broad
               Seal
            
             of
             England
             to
             such
             
               [
               Bishops
               or
               Laymen
               ,
               no
               matter
               which
               ]
            
             as
             she
             should
             appoint
             to
             hold
             
               Ecclesiastical
               Courts
            
             ,
             and
             none
             might
             do
             it
             without
             ,
             upon
             pain
             of
             a
             Praemunire
             ,
             and
             also
             the
             Oath
             of
             Supremacy
             is
             formed
             and
             hereby
             Injoined
             .
          
           
             The
             very
             next
             Act
             is
             That
             which
             we
             have
             now
             under
             Consideration
             Intituled
             
               An
               Act
               of
               Vniformity
               ,
               and
               Common
               Prayer
               ,
               and
               Service
               in
               the
               Church
               ,
               and
               Administration
               of
               the
               Sacrament
               ,
            
             Which
             amongst
             other
             things
             Inflicts
             
               the
               penalty
               of
            
             12d
             .
             
               for
               not
               coming
               to
               Church
               every
               Sunday
               and
               Holy-day
               .
            
          
           
             Now
             that
             this
             Act
             was
             intended
             against
             Papists
             may
             be
             concluded
             as
             well
             because
             ,
             the
             whole
             Act
             runs
             for
             the
             beating
             down
             of
             the
             Fopperies
             and
             superstitions
             of
             the
             Church
             of
             Rome
             ,
             and
             how
             could
             it
             aim
             at
             any
             sort
             of
             Protestants
             ,
             since
             at
             that
             time
             of
             day
             there
             were
             none
             but
             Papists
             and
             Churchmen
             in
             England
             .
          
           
             This
             Twelvepence
             is
             not
             forfeited
             till
             Conviction
             ,
             which
             must
             be
             by
             a
             Jury
             ;
             to
             which
             purpose
             ,
             the
             Justices
             
             of
             Oyer
             and
             Terminer
             ,
             and
             of
             Assize
             ,
             and
             Mayors
             and
             Head-Officers
             of
             Corporations
             are
             Authorized
             To
             inquire
             ,
             hear
             and
             determine
             the
             same
             ,
             —
             But
             the
             party
             must
             be
             Indicted
             the
             nextSessions
             or
             Assizes
             after
             the
             Offence
             or
             not
             at
             all
             .
             So
             that
             they
             can
             upon
             this
             Act
             Prosecute
             at
             once
             for
             no
             more
             defaults
             than
             there
             are
             Sundaies
             &
             Holy-days
             between
             one
             Sessions
             or
             Assizes
             and
             another
             ,
             And
             when
             the
             party
             is
             so
             Convicted
             the
             said
             Courts
             are
             to
             make
             out
             process
             for
             Levying
             the
             Twelve
             pences
             ,
             which
             shall
             be
             Levied
             by
             the
             Church-Wardens
             for
             the
             use
             of
             the
             poor
             .
          
           
             However
             there
             being
             52
             Sundaies
             and
             29
             Holy-daies
             (
             appointed
             by
             our
             Liturgy
             to
             be
             observed
             )
             in
             the
             year
             ,
             the
             Constant
             charge
             by
             this
             statute
             for
             not
             coming
             to
             Church
             would
             be
             but
             
               4l
               .
               1s
               .
               p.
               An.
            
             [
             And
             yet
             by
             the
             way
             ,
             Note
             ,
             That
             We
             have
             more
             Holy-daies
             or
             Feasts
             to
             be
             observed
             since
             his
             Majesties
             Restauration
             than
             ever
             the
             Church
             of
             England
             owned
             before
             .
             For
             there
             were
             antiently
             but
             27.
             
             But
             upon
             the
             Review
             of
             the
             Book
             of
             Common
             prayer
             ,
             my
             Lords
             the
             Bishops
             were
             pleased
             to
             add
             2
             New
             ones
             viz.
             The
             Conversion
             of
             St.
             Paul
             and
             St.
             Barnabas
             ,
             and
             whereas
             ,
             in
             our
             old
             Common-prayer-Books
             ,
             't
             is
             said
             
               The
               Feast
               of
               St.
            
             Michael
             
               the
               Arch-Angel
            
             ,
             in
             our
             present
             Books
             ,
             
               't
               is
               St.
            
             Michael
             
               and
               all
               Angels
            
             ,
             Which
             seems
             an
             Affront
             to
             
               S.
               Michael
            
             at
             once
             to
             leave
             out
             his
             Title
             of
             Arch-Angel
             ,
             and
             at
             the
             same
             time
             bring
             in
             all
             other
             Angels
             (
             as
             well
             of
             the
             lower
             as
             Higher
             Hierarchies
             )
             to
             share
             with
             him
             in
             a
             Festival
             ,
             the
             Honour
             of
             which
             he
             had
             enjoyed
             so
             long
             ,
             solely
             and
             Intire
             to
             himself
             —
             but
             this
             
               by
               the
               by
            
             ]
             So
             that
             upon
             the
             whole
             matter
             ,
             If
             any
             body
             should
             be
             busy
             to
             Execute
             this
             Act
             upon
             the
             Protestant
             dissenters
             from
             the
             Established
             Church
             of
             England
             ,
             yet
             considering
             the
             trouble
             of
             such
             a
             Conviction
             ,
             and
             the
             difficulty
             of
             proving
             a
             Negative
             viz.
             that
             a
             man
             was
             not
             at
             Church
             ,
             for
             note
             the
             words
             are
             ,
             —
             shall
             
               repair
               to
               his
               own
               Parish
               Church
               ,
            
             or
             
             to
             
               some
               usual
               place
               where
               Common
               Prayer
               shall
               be
               used
               ,
            
             So
             that
             if
             he
             were
             at
             Mr.
             
               Read's
               Meeting-House
            
             ,
             I
             Conceive
             he
             were
             safe
             from
             this
             Act.
             All
             this
             I
             say
             Considered
             the
             Labour
             would
             be
             more
             than
             the
             trouble
             —
             therefore
             let
             's
             proceed
             .
          
           
             2.
             
             The
             second
             Act
             of
             this
             kind
             ,
             is
             23
             
               Eliz.
               Cap.
            
             1.
             
             Intituled
             
               An
               Act
               to
               Retain
               the
               Queens
               Majesties
               Subjects
               in
               their
               due
               Obedience
               .
            
             
               And
               by
               this
               ,
               to
               
                 Reconcile
                 any
                 or
                 for
                 any
                 to
                 be
                 Reconciled
                 to
                 the
                 See
                 of
              
               Rome
               ,
               To
               with-draw
               or
               be
               with-drawn
               from
               the
               Establisht
               Religion
               ,
               to
               the
               Romish
               Religion
               ;
               Is
               made
               High-Treason
               ;
               And
               that
               every
               one
               saying
               Mass
               shall
               forfeit
               200
               Marks
               and
               every
               one
               that
               hears
               it
               100
               Marks
               ,
               And
               every
               one
               above
               16.
               years
               old
               not
               repairing
               to
               some
               Church
               or
               Chappel
               ,
               but
               forbearing
               the
               same
               contrary
               to
               the
               
                 said
                 Stat.
                 1.
                 
                 Eliz.
                 C.
              
               2.
               shall
               being
               lawfully
               Convicted
               forfeit
               20
               l.
               for
               every
               month
               ,
               And
               the
               Justices
               at
               the
               Quarter
               Sessions
               are
               Impowered
               to
               Inquire
               into
               the
               Offences
               against
               this
               Act
               ,
               Except
               Treason
               ,
               And
               if
               any
               Indicted
               hereupon
               (
               Except
               for
               Treason
               )
               will
               submit
               in
               open
               Court
               and
               conform
               before
               Judgment
               given
               ,
               he
               shall
               be
               discharged
               .
            
          
           
             Now
             that
             this
             Statute
             was
             expressly
             and
             wholly
             made
             against
             the
             Papists
             is
             evident
             by
             the
             whole
             Scope
             thereof
             ,
             as
             punishing
             saying
             of
             Mass
             ,
             &
             drawing
             the
             Queens
             Subjects
             to
             Popery
             ,
             &c.
             
             More
             especially
             by
             its
             preamble
             (
             which
             alwaies
             opens
             and
             declares
             the
             Scope
             of
             a
             Law
             )
             whereas
             since
             the
             Statutes
             made
             in
             the
             13.
             year
             of
             the
             Reign
             of
             the
             Queen
             our
             Soveraign
             Lady
             ,
             Intituled
             ,
             
               An
               Act
               against
               the
               bringing
               in
               ,
               and
               putting
               in
               Execution
               of
               Bulls
               ,
               Writings
               &
               Instruments
               ,
               and
               other
               Superstitious
               things
               from
               the
               See
               of
            
             Rome
             ,
             divers
             ill
             affected
             Persons
             have
             practised
             by
             other
             means
             than
             by
             Bulls
             or
             Instruments
             .
             Written
             or
             Printed
             to
             with-draw
             Her
             Majesties
             Subjects
             to
             obey
             the
             said
             usurped
             Authority
             of
             Rome
             ,
             and
             
               IN
               RESPECT
               OF
               THE
               SAME
            
             [
             pray
             mark
             ]
             to
             perswade
             great
             
             numbers
             to
             with-draw
             their
             due
             Obedience
             from
             Her
             Majesties
             Laws
             establisht
             for
             the
             due
             service
             of
             Almighty
             God
             —
             For
             Reformation
             WHEREOF
             ,
             be
             it
             Enacted
             ,
             viz.
             That
             to
             with-draw
             to
             the
             Church
             of
             Rome
             shall
             be
             Treason
             ;
             and
             not
             coming
             to
             Church
             shall
             forfeit
             20
             
               l.
               p.
            
             month
             —
             Nothing
             can
             be
             more
             plain
             than
             that
             this
             Levelled
             
               wholly
               against
               the
               Papists
            
             ,
             and
             cannot
             at
             all
             affect
             dissenting
             Protestants
             .
          
           
             3.
             
             The
             Statute
             of
             29.
             
             
               Eliz.
               Cap.
            
             6.
             
             Is
             only
             a
             Reinforcement
             of
             the
             last
             Act
             ,
             and
             therefore
             must
             be
             only
             intended
             of
             the
             same
             Persons
             ,
             viz.
             
               Popish
               Recusants
            
             [
             For
             as
             yet
             there
             were
             no
             other
             ]
             whose
             Penalties
             this
             Statute
             Encreases
             for
             not
             coming
             to
             Church
             :
             For
             where
             is
             by
             the
             former
             Statute
             of
             23d
             it
             was
             to
             be
             only
             20
             
               l.
               p.
            
             month
             and
             bound
             to
             the
             
               good
               Behaviour
            
             after
             Conviction
             ;
             This
             gives
             to
             the
             Queen
             &
             Her
             Heirs
             ,
             a
             Right
             to
             20
             
               l.
               p.
            
             month
             for
             every
             month
             after
             such
             Conviction
             till
             they
             came
             to
             Church
             :
             And
             if
             default
             be
             made
             of
             payment
             of
             the
             20
             l.
             a
             month
             ,
             then
             to
             seize
             all
             their
             Goods
             ,
             and
             2
             parts
             of
             their
             Real
             Estate
             〈…〉
             But
             this
             is
             still
             concerning
             
               Popish
               Recusants
            
             ,
             for
             it
             respects
             the
             same
             that
             were
             Offenders
             against
             the
             Statute
             of
             the
             23.
             
             And
             they
             were
             
               only
               Papists
            
             :
             Therefore
             't
             is
             absurd
             and
             unjust
             to
             turn
             the
             Edge
             on
             't
             upon
             Protestants
             .
          
           
             4.
             
             We
             come
             now
             to
             the
             Statute
             of
             1.
             
             
               Jac.
               Ca.
            
             4.
             which
             confirms
             all
             the
             former
             Statutes
             made
             against
             Popish
             Recusants
             in
             the
             Queens
             time
             ,
             But
             provides
             for
             their
             being
             discharged
             ,
             tho
             Convicted
             ,
             upon
             their
             coming
             to
             Church
             .
          
           
             And
             that
             it
             means
             and
             intends
             none
             but
             Jesuits
             and
             Popish
             Priests
             and
             other
             Popish
             Recusants
             appears
             manifestly
             ,
             not
             only
             in
             the
             Title
             but
             in
             the
             first
             Section
             of
             the
             Act
             it self
             ,
             and
             so
             throughout
             :
             The
             Title
             ,
             is
             ,
             
               An
               Act
               for
               the
               due
               Execution
               of
               the
               Statutes
               against
               Jesuites
               ,
               Seminary
               Priests
               ,
               Recusants
               ,
            
             [
             the
             2
             former
             words
             ,
             including
             the
             Romish
             Clergy
             ,
             the
             latter
             the
             
             Laiety
             ]
             &c.
             and
             begins
             thus
             —
             
               For
               the
               better
               and
               more
               due
               Execution
               of
               the
               Statutes
               heretofore
               made
               [
               Against
               whom
               ?
               ]
            
             as
             well
             
               against
               Jesuites
               ,
               Seminary
               Priests
               ,
               and
               other
            
             SUCH-LIKE
             Priests
             [
             That
             is
             ,
             other
             Popish
             Priests
             tho
             not
             bred
             up
             in
             the
             
               Serminaries
               ]
               as
               also
               against
               all
               manner
               of
               Recusants
            
             [
             That
             is
             Papists
             tho
             not
             in
             Orders
             ]
             
               Be
               it
               Enacted
            
             ,
             &c.
             
             
               That
               all
               &
               every
               the
               Statutes
               heretofore
               made
               against
               Jesuites
               ,
               seminary
               Priests
               and
               other
               Priests
               ,
               Deacons
               ,
               and
               Religions
               and
               Ecclesiastical
               Persons
               whatsoever
               made
               ,
               ordained
               or
               professed
               ,
               or
               to
               be
               made
               by
               any
               Authority
               or
               Jurisdiction
               derived
               ,
               Challenged
               ,
               or
               pretended
               from
               the
               See
               of
            
             Rome
             ,
             
               together
               with
               all
               those
               made
               against
               any
               manner
               of
               Recusants
            
             [
             That
             is
             Papists
             still
             ,
             but
             
               Lay
               men
            
             not
             in
             Orders
             nor
             professed
             of
             any
             Order
             of
             Monks
             or
             Friars
             as
             those
             before
             mentioned
             were
             ]
             
               shall
               be
               put
               in
               due
               and
               Exact
               Execution
               .
            
             —
             Nothing
             can
             be
             more
             absurd
             than
             to
             rack
             &
             force
             this
             Law
             so
             far
             besides
             its
             Scope
             ,
             as
             to
             make
             use
             of
             it
             against
             Protestants
             agreeing
             with
             the
             Church
             of
             England
             in
             all
             the
             Doctrines
             and
             only
             differing
             in
             a
             few
             Indifferent
             Ceremonies
             ,
             When
             it
             most
             manifestly
             appears
             intended
             only
             against
             Jesuits
             ,
             Romish
             Priests
             ,
             and
             other
             Papists
             .
          
           
             5.
             
             And
             now
             was
             discovered
             the
             Hellish
             Powder-Plot
             of
             the
             Papists
             which
             occasioned
             the
             making
             of
             the
             Statute
             3
             
               Jac.
               Ca.
            
             4.
             
             Intituled
             ,
             
               An
               Act
               for
               discovering
               and
               Repressing
               Popish
               Recusants
               .
            
             So
             that
             both
             the
             occasion
             and
             the
             very
             Title
             ,
             shews
             evidently
             against
             whom
             this
             Act
             is
             designed
             ,
             which
             also
             appears
             further
             in
             the
             preamble
             ;
             the
             whole
             purport
             of
             this
             Act
             all
             along
             being
             only
             to
             Reinforce
             the
             rest
             of
             the
             Acts
             against
             
               Popish
               Recusants
            
             ,
             and
             for
             that
             as
             thereby
             appears
             ,
             some
             of
             them
             did
             come
             to
             Church
             and
             heard
             
               divine
               Service
            
             ,
             to
             save
             the
             Penalties
             in
             the
             former
             Acts
             ,
             and
             yet
             continued
             
               Papists
               still
               in
               their
               hearts
            
             ,
             Therefore
             by
             this
             Act
             they
             were
             all
             to
             take
             the
             Sacrament
             once
             a
             year
             ,
             And
             if
             they
             refused
             they
             should
             forfeit
             20
             l.
             the
             1st
             year
             ,
             for
             the
             2d
             year
             40
             l.
             &
             for
             every
             year
             afterwards
             60l
             .
             untill
             he
             or
             she
             have
             received
             the
             said
             Sacrament
             .
          
           
           
             And
             by
             the
             4th
             Section
             ,
             the
             Church
             Wardens
             and
             Constables
             are
             to
             present
             the
             monthly
             absence
             of
             all
             POPISH
             Recusants
             ,
             —
             but
             they
             are
             not
             bound
             by
             this
             Act
             to
             present
             any
             but
             Papists
             .
             For
             from
             this
             Act
             we
             may
             observe
             ,
             that
             none
             can
             be
             Prosecuted
             upon
             this
             Act
             or
             any
             of
             the
             other
             which
             it
             refers
             to
             (
             which
             are
             all
             those
             here
             before
             rehearsed
             )
             unless
             they
             be
             POPISH
             Recusants
             ,
             for
             so
             are
             the
             express
             words
             of
             the
             Act.
             And
             without
             doubt
             should
             any
             
               busy
               Officer
            
             whatsoever
             Present
             ot
             prosecute
             any
             person
             thereupon
             other
             than
             a
             Popish
             Recusant
             ,
             the
             person
             so
             presented
             may
             
               Joyn
               Issue
            
             ,
             that
             he
             is
             
               no
               such
               person
               as
               these
               Acts
               intend
               ,
               being
               not
               a
               Papist
               .
            
          
           
             So
             that
             upon
             the
             whole
             matter
             ,
             we
             may
             conclude
             ,
             It
             is
             an
             abuse
             ,
             and
             utterly
             Illegall
             ,
             to
             Prosecute
             Protestants
             on
             such
             Laws
             as
             were
             made
             solely
             and
             wholly
             against
             Papists
             ,
             as
             will
             further
             appear
             in
             our
             next
             Observation
             ;
             and
             we
             have
             heard
             some
             Judges
             
               have
               declared
            
             so
             much
             .
          
           
             However
             I
             shall
             here
             add
             the
             Judgment
             of
             the
             House
             of
             Commons
             in
             the
             Case
             ,
             for
             tho
             I
             know
             and
             own
             a
             vote
             of
             either
             or
             both
             Houses
             cannot
             Repeal
             a
             Law
             ,
             nor
             alter
             its
             sense
             ,
             yet
             certainly
             the
             House
             consisting
             of
             so
             many
             wise
             discreet
             persons
             ,
             &
             a
             great
             number
             of
             them
             Excellently
             Learned
             in
             the
             Laws
             ,
             they
             are
             as
             like
             to
             Interpret
             a
             doubtful
             Law
             ,
             and
             hit
             upon
             the
             true
             Interpretation
             how
             far
             and
             to
             what
             it
             does
             extend
             ,
             as
             
               two
               or
               three
            
             little
             swaggering
             Justices
             ,
             or
             any
             
               single
               Judge
            
             :
             At
             least
             were
             I
             an
             Officer
             ,
             I
             should
             rather
             incline
             to
             credit
             their
             opinion
             ,
             &
             not
             run
             an
             hazard
             by
             employing
             the
             Toils
             made
             for
             restraining
             the
             
               Wolves
               and
               the
               Foxes
            
             ,
             to
             intangle
             &
             destroy
             the
             Innocent
             sheep
             ,
             meerly
             because
             they
             do
             not
             all
             exactly
             tread
             in
             the
             
               very
               same
               steps
            
             and
             bite
             punctually
             all
             of
             one
             Sort
             of
             Grass
             .
          
           
             
               
                 
                   
                     
                       
                         Sabbati
                         Sexto
                         die
                         Nov.
                         1680.
                         
                      
                    
                  
                   
                     Resolved
                     Nemine
                     contradicente
                     ,
                     
                       That
                       it
                       is
                       the
                       opinion
                       of
                       this
                       
                       House
                       ,
                       That
                       the
                       Acts
                       of
                       Parliament
                       made
                       in
                       the
                       Reigns
                       of
                       Queen
                    
                     Elizabeth
                     
                       and
                       King
                    
                     James
                     
                       against
                       Popish
                       Recusants
                       ,
                       ought
                       not
                       to
                       be
                       extended
                       against
                       Protestant
                       dissenters
                       .
                    
                  
                
              
            
          
           
             And
             now
             having
             discharged
             these
             unlawful
             weapons
             ,
             let
             's
             see
             what
             
               Legal
               Arms
            
             there
             are
             or
             have
             been
             really
             formed
             against
             the
             Sectaries
             .
             And
             the
             first
             was
             the
             very
             sword
             of
             Goliah
             ,
             there
             was
             none
             like
             it
             .
          
           
             1.
             
             I
             mean
             the
             Act
             of
             35
             
               Eliz.
               Ca.
            
             1.
             (
             which
             some
             would
             make
             us
             believe
             has
             had
             as
             many
             Lives
             as
             a
             Cat
             )
             intituled
             
               An
               Act
               to
               Retain
               the
               Queen's
               Majesties
               Subjects
               in
               their
               due
               Obedience
               .
            
             This
             was
             the
             first
             Law
             that
             was
             made
             since
             the
             Reformation
             ,
             against
             those
             we
             commonly
             called
             Sectaries
             ,
             Conventiclers
             ,
             or
             Protestant
             Dissenters
             ;
             and
             this
             Act
             indeed
             ,
             beyond
             all
             dispute
             ,
             was
             made
             against
             them
             ,
             and
             them
             only
             ;
             for
             the
             Popish
             Recusants
             are
             expresly
             Excepted
             out
             of
             it
             ,
             as
             appears
             by
             the
             Act
             :
             And
             that
             the
             Reader
             may
             better
             judge
             of
             the
             true
             difference
             between
             
               this
               Act
            
             ,
             and
             those
             others
             before
             recited
             ,
             made
             against
             Popish
             Recusants
             ,
             by
             the
             style
             and
             expressions
             .
             I
             shall
             here
             insert
             the
             first
             Paragraph
             ,
             and
             give
             you
             the
             substance
             of
             the
             rest
             of
             it
             .
          
           
             
               For
               the
               preventing
               and
               avoiding
               of
               such
               great
               Inconveniencies
               and
               Perils
               as
               might
               happen
               and
               grow
               by
               the
               wicked
               and
               dangerous
               practices
               of
               seditious
               Sectaries
               ,
               and
               disloyal
               Persons
               ;
               Be
               it
               Enacted
               by
               the
               Queen
               's
               most
               Excellent
               Majesty
               ,
               and
               by
               the
               Lords
               Spiritual
               and
               Temporal
               ,
               and
               the
               Commons
               in
               this
               present
               Parliament
               Assembled
               ;
               and
               by
               the
               Authority
               of
               the
               same
               ,
               That
               if
               any
               person
               or
               persons
               ,
               above
               the
               Age
               of
               sixteen
               years
               ,
               which
               shall
               obstinately
               Refuse
               to
               Repair
               to
               some
               Church
               ,
               Chappel
               ,
               or
               usual
               place
               of
               Common-Prayer
               ,
               to
               hear
               Divine
               Service
               ,
               Established
               by
               Her
               Majesties
               Laws
               and
               Statutes
               in
               that
               behalf
               made
               ,
               and
               shall
               forbear
               to
               do
               the
               same
               by
               the
               space
               of
               one
               month
               next
               after
               ,
            
             without
             any
             lawful
             cause
             ,
             shall
             at
             any
             time
             after
             
               
               forty
               daies
               next
               ,
               after
               the
               End
               of
               this
               Session
               of
               Parliament
               ,
               by
               Printing
               ,
               Writing
               ,
               or
               Express
               Words
               or
               Speeches
               ,
               advisedly
               ,
               or
               purposely
               practise
               ,
               or
               go
               about
               to
               make
               or
               persuade
               any
               of
               Her
               Majesties
               Subjects
               ,
               or
               any
               other
               within
               her
               Highness's
               Realms
               or
               Dominions
               ,
               to
               deny
               ,
               withstand
               ,
               and
               impugn
               Her
               Majesties
               Power
               and
               Authority
               ,
               in
               cases
               Ecclesiastical
               ,
               United
               and
               Annexed
               to
               the
               Imperial
               Crown
               of
               this
               Realm
               ;
               or
               to
               that
               end
               or
               purpose
               shall
               advisedly
               or
               maliciously
               move
               ,
               or
               persuade
               any
               other
               person
               whatsoever
               ,
               to
               forbear
               ,
               or
               abstain
               from
               coming
               to
               Church
               ,
               to
               hear
               Divine
               Service
               ,
               or
               to
               Receive
               the
               Communion
               ,
               according
               to
               Her
               Majesties
               Laws
               and
               Statutes
               aforesaid
               ,
               or
               to
               come
               to
               ,
               or
               be
               present
               at
               any
               unlawful
               Assemblies
               ,
               Conventicles
               or
               Meetings
               ,
               under
               colour
               or
               pretence
               of
               any
               Exercise
               of
               Religion
               ,
               contrary
               to
               Her
               Majesties
               Laws
               and
               Statutes
               ;
               or
               if
               any
               person
               or
               persons
               which
               shall
               obstinately
               Refuse
               to
               Repair
               to
               some
               Church
               ,
               by
               the
               space
               of
               one
               month
               ,
               to
               hear
               Divine
               Service
               ,
               as
               is
               aforesaid
               ,
               shall
               after
               the
               said
               forty
               daies
               ,
               either
               of
               him
               or
               themselves
               ,
               or
               by
               the
               Motion
               ,
               Persuasion
               ,
               Inticement
               or
               Allurement
               of
               any
               other
               ,
               willingly
               Joyn
               in
               ,
               or
               be
               present
               at
               any
               such
               Assemblies
               ,
               Conventicles
               ,
               or
               Meeting
               under
               colour
               or
               pretence
               of
               any
               such
               Exercise
               of
               Religion
               ,
               contrary
               to
               the
               Laws
               and
               Statutes
               of
               this
               Realm
               as
               is
               aforesaid
               ;
               That
               then
               every
               such
               person
               so
               offending
               ,
               as
               aforesaid
               ,
               and
               being
               thereof
               lawfully
               convicted
               ,
               shall
               be
               
                 Committed
                 to
                 Prison
              
               ,
               and
               there
               to
               Remain
               ,
               
                 without
                 Bail
              
               or
               Mainprise
               ,
               until
               they
               shall
               Conform
               ,
               and
               yield
               themselves
               to
               come
               to
               some
               Church
               ,
               Chapel
               ,
               or
               usual
               place
               of
               Common-Prayer
               ,
               and
               hear
               Divine
               Service
               ,
               &c.
               
            
          
           
             Then
             the
             Act
             goes
             on
             ,
             and
             provides
             ,
             That
             if
             the
             person
             do
             not
             Conform
             within
             three
             months
             after
             Conviction
             ,
             he
             should
             Abjure
             ,
             that
             is
             ,
             be
             Banisht
             ,
             and
             swear
             never
             to
             come
             back
             without
             leave
             ;
             And
             if
             he
             will
             not
             swear
             so
             ,
             then
             the
             same
             to
             be
             Felony
             ,
             without
             Benefit
             of
             Clergy
             .
          
           
           
             From
             which
             Act
             these
             3
             things
             are
             observable
             .
          
           
             1.
             
             That
             the
             same
             was
             wholly
             intended
             against
             the
             Puritanes
             or
             Sectaries
             ,
             for
             the
             Papists
             are
             expresly
             exempted
             by
             a
             particular
             clause
             ,
             Sect.
             12.
             in
             these
             words
             ,
             '
             Provided
             that
             
               No
               Popish
            
             Recusant
             ,
             or
             Feme
             
               Covert
               shall
               be
               compelled
               or
               bound
               to
               
                 abjure
                 by
                 vertue
                 of
                 this
                 Act.
                 
              
            
          
           
             2.
             
             That
             Q.
             Eliz.
             and
             her
             wise
             Parliament
             did
             not
             intend
             or
             take
             such
             Protestant
             Recusants
             to
             be
             within
             the
             meaning
             of
             ,
             or
             punishable
             by
             the
             other
             before
             mentioned
             Statutes
             against
             popish
             Recusants
             :
             For
             if
             they
             had
             so
             understood
             ,
             they
             might
             have
             punished
             them
             sufficiently
             on
             those
             old
             Laws
             without
             giving
             themselves
             the
             trouble
             of
             making
             this
             new
             Law
             against
             them
             
               Frustra
               fit
               per
               plura
               quod
               fieri
               potest
               per
               pauciora
               .
               God
               and
               the
               Law
               do
               nothing
               in
               vain
               .
            
          
           
             3.
             
             If
             it
             be
             objected
             ,
             That
             all
             those
             Laws
             as
             well
             as
             this
             ought
             to
             be
             construed
             to
             one
             and
             the
             same
             end
             &
             scope
             ,
             and
             that
             all
             the
             before
             mentioned
             Acts
             of
             Qu.
             Elizabeth
             ,
             and
             K.
             James
             are
             equally
             to
             be
             applied
             to
             all
             Dissenters
             from
             the
             Establisht
             Church
             of
             England
             :
             I
             answer
             that
             cannot
             be
             ;
             for
             since
             in
             this
             Act
             no
             Papists
             are
             concerned
             ,
             being
             particularly
             exempted
             as
             aforesaid
             :
             Then
             it
             necessary
             follows
             ,
             if
             the
             Popish
             Recusants
             shall
             not
             be
             punished
             by
             this
             Act
             made
             against
             Sectaries
             and
             seditious
             Conventiclers
             ,
             that
             then
             the
             Sectaries
             and
             Conventiclers
             ,
             Protestant
             Dissenters
             ,
             that
             is
             ,
             Protestant
             Recusants
             (
             for
             that
             't
             is
             they
             aim
             at
             ,
             to
             colour
             the
             laying
             the
             other
             Acts
             upon
             them
             )
             shall
             not
             be
             prosecuted
             upon
             those
             Laws
             made
             only
             against
             Popish
             Recusants
             ;
             for
             if
             they
             should
             ,
             then
             you
             leave
             the
             Protestant
             Recusants
             in
             a
             far
             worse
             condition
             than
             the
             Papists
             ,
             the
             one
             being
             provided
             and
             not
             the
             other
             .
          
           
             But
             still
             note
             ,
             that
             all
             that
             I
             have
             said
             about
             this
             Act
             of
             the
             35.
             of
             Eliz.
             comparing
             it
             with
             the
             others
             made
             against
             Popish
             Recusants
             ,
             is
             only
             to
             shew
             the
             nature
             of
             the
             one
             and
             the
             other
             :
             For
             the
             truth
             is
             ,
             this
             Act
             of
             the
             35th
             of
             
               Eliz.
               is
               not
               now
               in
               force
               ,
            
             —
             As
             appears
             thus
             :
          
           
           
             1.
             
             The
             very
             words
             thereof
             shew
             it
             to
             have
             been
             originally
             but
             a
             temporary
             Act
             ,
             for
             the
             last
             words
             of
             it
             are
             these
             ,
             —
             
               This
               Act
               to
               continue
               no
               longer
               than
               to
               the
               end
               of
               the
               next
               Session
               of
               Parliament
               .
            
          
           
             2.
             
             By
             several
             Acts
             it
             was
             continued
             till
             the
             1st
             year
             of
             K.
             James
             ,
             and
             then
             it
             was
             enacted
             ,
             that
             the
             same
             should
             be
             continued
             ,
             and
             remain
             in
             Force
             untill
             the
             end
             of
             the
             first
             Session
             of
             the
             next
             Parliament
             .
          
           
             3.
             
             The
             second
             and
             next
             Session
             of
             Parliament
             began
             and
             holden
             by
             Prorogation
             the
             5th
             of
             Nov.
             in
             the
             3d
             year
             of
             K.
             James
             ,
             and
             ended
             the
             27th
             of
             May
             next
             ,
             and
             was
             then
             prorogued
             to
             the
             18th
             ,
             of
             Nov.
             1606.
             
             In
             which
             Session
             there
             was
             no
             continuance
             of
             this
             Statute
             of
             the
             35th
             of
             Eliz.
             so
             that
             there
             it
             expired
             ,
             absolutely
             ceased
             ,
             and
             was
             of
             no
             more
             force
             than
             if
             it
             had
             never
             been
             ,
             and
             so
             continued
             for
             many
             years
             buried
             in
             Oblivion
             .
          
           
             4.
             
             In
             a
             Parliament
             held
             the
             21.
             of
             K.
             James
             ,
             ca.
             28.
             
             It
             is
             (
             amongst
             other
             things
             )
             enacted
             ,
             
               '
               That
               this
            
             
               
                 Statute
                 of
                 the
                 35.
                 of
              
               El●z
               .
               
                 shall
                 be
                 adjudged
                 ever
                 since
                 the
                 Session
                 in
                 the
                 Seventh
                 Year
                 of
                 His
                 Majesties
                 Reign
                 of
              
               England
               ,
               
                 to
                 have
                 been
                 of
                 such
                 force
                 and
                 effect
                 ,
                 as
                 the
                 same
                 were
                 the
                 last
                 day
                 of
                 that
                 Session
                 ,
                 and
                 from
                 thenceforth
                 to
                 the
                 end
                 of
                 the
                 first
                 Session
                 of
                 the
                 next
                 Parliament
                 .
              
               —
            
             But
             the
             truth
             is
             ,
             that
             the
             said
             Statute
             of
             the
             35th
             of
             Eliz.
             was
             in
             
               no
               force
            
             ,
             nor
             of
             any
             effect
             at
             the
             last
             day
             of
             the
             Session
             in
             the
             7th
             year
             of
             K.
             James
             ,
             being
             expired
             and
             gone
             long
             before
             ,
             viz
             in
             the
             3.
             year
             of
             that
             King
             as
             aforesaid
             .
             And
             being
             so
             down
             then
             this
             Stat.
             of
             the
             21.
             
             Jacobi
             can
             no
             way
             set
             it
             up
             again
             ;
             for
             this
             only
             sets
             up
             what
             was
             in
             force
             in
             that
             Session
             of
             the
             7th
             of
             K.
             James
             ,
             and
             no
             otherwise
             .
          
           
             5.
             
             So
             likewise
             in
             the
             3.
             
             
               Caroli
               primi
            
             ,
             cap.
             4.
             this
             Act
             (
             amongst
             others
             )
             is
             mentioned
             ;
             but
             how
             ?
             —
             
               That
               it
               shall
               continue
               to
               the
               end
               of
               the
               first
               Session
               of
               the
               next
               Parliament
               ,
               in
               such
               force
               and
               effect
               as
               it
               was
               the
               first
               year
               of
            
             Charles
             
               the
               first
            
             ,
             —
             when
             indeed
             it
             was
             then
             in
             no
             force
             at
             all
             .
          
           
           
             6.
             
             In
             the
             16th
             
               Caroli
               secundi
            
             ,
             cap.
             4.
             an
             Act
             was
             made
             ,
             Intituled
             ,
             
               An
               Act
               to
               prevent
               and
               suppress
               seditious
               Conventicles
               .
            
             Which
             begins
             thus
             :
             
               Whereas
               an
               Act
               made
               in
               the
               35th
               year
               of
               the
               Reign
               of
               our
               late
               Soveraign
               Lady
               Queen
               Eliz.
               Intituled
               ,
               
                 An
                 Act
                 to
                 retain
                 the
                 Queens
                 Majesties
                 Subjects
                 in
                 their
                 due
                 Obedience
                 ,
              
               hath
               not
               been
               put
               in
               Execution
               ,
               by
               reason
               of
               some
               doubt
               of
               late
               made
               ,
               whether
               the
               said
               Act
               be
               still
               in
               force
               ,
               although
               it
               be
               very
               clear
               and
               evident
               :
               And
               it
               is
               hereby
               declared
               ,
               that
               the
               said
               Act
               is
               still
               in
               force
               ,
               and
               ought
               to
               be
               put
               in
               Execution
               :
               For
               providing
               therefore
               of
               further
               and
               more
               speedy
               Remedies
               ,
               &c.
               
               Be
               it
               enacted
               ,
               &c.
               
            
             And
             the
             last
             clause
             of
             this
             Statute
             of
             the
             16
             
               Car.
               2di
            
             .
             runs
             thus
             :
             
               Provided
               that
               this
               Act
               continue
               in
               force
               for
               3
               years
               after
               the
               end
               of
               this
               present
               Session
               of
               Parliament
               ,
               and
               from
               thence
               to
               the
               end
               of
               the
               next
               Session
               of
               Parliament
               ,
               after
               the
               said
               3
               years
               ,
               and
               no
               longer
               .
            
          
           
             Now
             how
             far
             these
             words
             —
             
               It
               is
               hereby
               declared
               that
               it
               is
               in
               force
               ,
               and
               ought
               to
               be
               put
               in
               execution
            
             ;
             without
             saying
             ,
             it
             
               is
               hereby
               enacted
               ,
               that
               it
               shall
               be
            
             in
             force
             ,
             might
             operate
             to
             give
             some
             Life
             and
             strength
             to
             the
             aforesaid
             expired
             Statute
             of
             the
             35th
             of
             Eliz.
             I
             shall
             not
             determine
             :
             But
             suppose
             it
             were
             thereby
             
               set
               on
               foot
               again
            
             ,
             this
             last
             Statute
             is
             but
             one
             intire
             Statute
             ,
             and
             that
             part
             which
             declares
             or
             inables
             the
             Statute
             of
             the
             35th
             of
             Eliz.
             to
             be
             in
             force
             ,
             is
             joined
             and
             annexed
             to
             the
             rest
             ,
             and
             is
             altogether
             but
             
               one
               Law
            
             ,
             and
             hath
             its
             period
             at
             the
             time
             before
             prefixed
             ,
             and
             then
             that
             declarative
             part
             must
             die
             with
             the
             rest
             .
          
           
             Now
             
               that
               Session
            
             wherein
             this
             Statute
             of
             16
             Car.
             2.
             was
             made
             ,
             ended
             the
             16th
             and
             17th
             of
             Car.
             2.
             
             Then
             the
             three
             Years
             ,
             for
             which
             it
             was
             to
             continue
             commenc'd
             ,
             and
             ended
             the
             20th
             
               Car.
               2d
            
             .
             but
             after
             the
             three
             years
             it
             was
             to
             continue
             till
             the
             next
             Session
             of
             Parliament
             ,
             which
             
               next
               Session
            
             ,
             after
             the
             three
             years
             ,
             began
             10.
             
             October
             ,
             1667.
             and
             by
             Adjournments
             was
             continued
             to
             the
             24th
             of
             October
             ,
             1670
             ,
             being
             the
             22d
             
             of
             Car.
             2d
             .
             and
             then
             was
             the
             end
             of
             that
             ,
             and
             with
             it
             this
             Conventicle
             Act
             expired
             ,
             so
             that
             now
             there
             is
             no
             pretence
             of
             the
             35th
             of
             Elizabeth's
             being
             in
             force
             ;
             for
             the
             declarative
             part
             in
             this
             Conventicle
             Act
             cannot
             enforce
             or
             give
             Life
             to
             any
             thing
             longer
             than
             it
             
               lives
               itself
            
             :
             For
             if
             the
             Declaring
             part
             of
             this
             Act
             ,
             after
             it self
             is
             extinguisht
             ,
             can
             be
             read
             ,
             urg'd
             or
             construed
             as
             a
             Law
             to
             enforce
             and
             enliven
             another
             Statute
             ,
             which
             hath
             no
             being
             of
             a
             Law
             in
             it self
             ,
             then
             it
             would
             necessarily
             follow
             ,
             that
             an
             expired
             Law
             is
             as
             Authentick
             as
             a
             Law
             in
             being
             ,
             which
             is
             absurd
             .
          
           
             From
             what
             hath
             been
             said
             ,
             it
             appears
             ,
             That
             as
             
               Protestant
               Dissenters
            
             ought
             not
             to
             be
             prosecuted
             on
             the
             Laws
             made
             against
             Popish
             Recusants
             ;
             so
             likewise
             't
             is
             very
             evident
             ,
             That
             both
             the
             Statute
             of
             the
             35th
             of
             Eliz.
             and
             also
             that
             of
             the
             16th
             of
             
               Car.
               secundi
            
             ,
             are
             Expired
             ,
             and
             of
             no
             force
             .
             And
             indeed
             't
             is
             happy
             for
             the
             Nation
             that
             they
             are
             so
             ;
             for
             had
             these
             two
             Acts
             been
             still
             in
             force
             ,
             being
             of
             a
             cruel
             sanguinary
             nature
             ,
             much
             mischief
             might
             have
             accrewed
             to
             the
             people
             of
             this
             Kingdom
             .
          
           
             So
             that
             there
             are
             now
             
               no
               Laws
            
             in
             being
             to
             punish
             the
             Conventiclers
             ,
             and
             the
             Nonconformist
             Ministers
             ,
             who
             did
             not
             Conform
             to
             the
             Act
             of
             Uniformity
             made
             in
             this
             King's
             Reign
             ;
             but
             the
             Act
             commonly
             called
             the
             5
             Mile
             or
             Oxford
             Act
             :
             And
             the
             Conventicle
             Act
             made
             the
             22th
             of
             this
             King.
             
          
           
             These
             we
             shall
             severally
             consider
             .
          
        
      
       
         
           Anno
           17.
           
           Caroli
           Secundi
           ,
           Ca.
           2.
           
           An
           Act
           for
           Restraining
           Nonconformists
           from
           Inhabiting
           in
           Corporations
           .
        
         
           
             
               
                 
                   Whereas
                   divers
                   Parsons
                   ,
                   Vicars
                   ,
                   Curates
                   ,
                   Lecturers
                   ,
                   and
                   other
                   persons
                   in
                   holy
                   Orders
                   have
                   not
                   declared
                   their
                   unfeigned
                   Assent
                   and
                   Consent
                   to
                   the
                   use
                   of
                   all
                   things
                   contained
                   and
                   prescribed
                   in
                   the
                   Book
                   of
                   
                   Common-Prayer
                   .
                   and
                   Administration
                   of
                   the
                   Sacraments
                   ,
                   and
                   other
                   Rites
                   &
                   Ceremonies
                   of
                   the
                   Church
                   ,
                   according
                   to
                   the
                   use
                   of
                   the
                   Church
                   of
                   England
                   ,
                   or
                   have
                   not
                   subscribed
                   the
                   Declaration
                   or
                   Acknowledgment
                   contained
                   in
                   a
                   certain
                   Act
                   of
                   Parliament
                   made
                   in
                   the
                   14
                   Year
                   of
                   His
                   Majesties
                   Reign
                   ,
                   and
                   Intituled
                   ,
                   
                     An
                     Act
                     for
                     the
                     Vniformity
                     of
                     publick
                     Prayers
                     ,
                     and
                     Administration
                     of
                     Sacraments
                     ,
                     and
                     other
                     Rites
                     and
                     Ceremonies
                     ,
                     and
                     for
                     the
                     establishing
                     the
                     Form
                     of
                     making
                     ,
                     ordaining
                     ,
                     and
                     consecrating
                     of
                     Bishops
                     ,
                     Priests
                     and
                     Deacons
                     in
                     the
                     Church
                     of
                  
                   England
                   ,
                   according
                   to
                   the
                   said
                   Act
                   ,
                   or
                   any
                   other
                   subsequent
                   Act
                   ,
                   And
                   whereas
                   they
                   or
                   some
                   of
                   them
                   ,
                   and
                   diverse
                   other
                   person
                   and
                   persons
                   not
                   ordained
                   according
                   to
                   the
                   Form
                   of
                   the
                   Church
                   of
                   England
                   ,
                   and
                   as
                   have
                   since
                   the
                   Act
                   of
                   Oblivion
                   taked
                   upon
                   them
                   to
                   preach
                   in
                   unlawful
                   Assemblies
                   ,
                   Conventicles
                   ,
                   or
                   Meetings
                   ,
                   under
                   colour
                   or
                   pretence
                   of
                   Exercise
                   of
                   Religion
                   ,
                   contrary
                   to
                   the
                   Laws
                   and
                   Statutes
                   of
                   this
                   Kingdom
                   ,
                   have
                   setled
                   themselves
                   in
                   divers
                   Corporations
                   in
                   England
                   sometimes
                   three
                   or
                   more
                   of
                   them
                   in
                   a
                   place
                   ,
                   thereby
                   taking
                   an
                   opportunity
                   to
                   distil
                   the
                   poisonous
                   Principles
                   of
                   Schism
                   and
                   Rebellion
                   into
                   the
                   hearts
                   of
                   His
                   Majesties
                   Subjects
                   ,
                   to
                   the
                   great
                   danger
                   of
                   the
                   Church
                   and
                   Kingdom
                   .
                
                 
                   II.
                   Be
                   it
                   therefore
                   enacted
                   by
                   the
                   Kings
                   most
                   excellent
                   Majesty
                   ,
                   by
                   and
                   with
                   the
                   Advice
                   and
                   consent
                   of
                   the
                   Lords
                   Spiritual
                   and
                   Temporal
                   ,
                   and
                   the
                   Commons
                   in
                   this
                   present
                   Parliament
                   assembled
                   ;
                   and
                   by
                   the
                   Authority
                   of
                   the
                   same
                   ,
                   That
                   the
                   said
                   Parsons
                   ,
                   Vicars
                   ,
                   Curates
                   ,
                   Lecturers
                   ,
                   and
                   other
                   persons
                   in
                   Holy
                   Orders
                   ,
                   or
                   pretended
                   Holy
                   Orders
                   ,
                   or
                   pretending
                   to
                   Holy
                   Orders
                   ,
                   and
                   all
                   Stipendiaries
                   ,
                   or
                   other
                   persons
                   who
                   have
                   been
                   possessed
                   of
                   any
                   Ecclesiastical
                   or
                   Spiritual
                   Promotion
                   ,
                   and
                   every
                   of
                   them
                   ,
                   who
                   have
                   not
                   declared
                   their
                   unfeigned
                   Assent
                   and
                   Consent
                   as
                   aforesaid
                   ,
                   and
                   subscribed
                   the
                   Declaration
                   aforesaid
                   ,
                   and
                   shall
                   not
                   take
                   and
                   subcribe
                   the
                   Oath
                   following
                   .
                
                 
                 
                   
                     I
                     A.
                     B.
                     do
                     swear
                     ,
                     That
                     it
                     is
                     not
                     lawful
                     upon
                     any
                     pretence
                     whatsoever
                     ,
                     to
                     take
                     Arms
                     against
                     the
                     King
                     ;
                     and
                     that
                     I
                     do
                     abhor
                     that
                     Traiterous
                     position
                     of
                     taking
                     Arms
                     by
                     his
                     Authority
                     against
                     his
                     Person
                     ,
                     or
                     against
                     those
                     that
                     are
                     commissioned
                     by
                     him
                     ,
                     in
                     pursuance
                     of
                     such
                     Commissions
                     ;
                     and
                     that
                     I
                     will
                     not
                     at
                     any
                     time
                     endeavour
                     any
                     Alteration
                     of
                     Government
                     either
                     in
                     Church
                     or
                     State.
                     
                  
                
                 
                   III.
                   And
                   all
                   such
                   person
                   ,
                   and
                   persons
                   as
                   shall
                   take
                   upon
                   them
                   to
                   preach
                   in
                   any
                   unlawful
                   Assembly
                   ,
                   Conventicle
                   or
                   Meeting
                   ,
                   under
                   colour
                   or
                   pretence
                   of
                   any
                   exercise
                   of
                   Religion
                   ,
                   contrary
                   to
                   the
                   Laws
                   and
                   Statutes
                   of
                   this
                   Kingdom
                   ,
                   (
                   2.
                   )
                   shall
                   not
                   at
                   any
                   time
                   from
                   and
                   after
                   the
                   24th
                   day
                   of
                   March
                   ,
                   which
                   shall
                   be
                   in
                   this
                   present
                   year
                   of
                   our
                   Lord
                   God
                   One
                   thousand
                   six
                   hundred
                   sixty
                   and
                   five
                   ,
                   unless
                   only
                   in
                   passing
                   upon
                   the
                   Road
                   ,
                   come
                   or
                   be
                   within
                   five
                   Miles
                   of
                   any
                   City
                   ,
                   or
                   Town
                   Corporate
                   ,
                   or
                   Burrough
                   ,
                   that
                   sends
                   Burgesses
                   to
                   the
                   Parliament
                   ,
                   within
                   His
                   Majesties
                   Kingdom
                   of
                   England
                   ,
                   Principality
                   of
                   Wales
                   ,
                   or
                   of
                   the
                   Town
                   of
                   Berwick
                   upon
                   Tweed
                   ,
                   (
                   3
                   )
                   or
                   within
                   five
                   Miles
                   of
                   any
                   parish
                   Town
                   or
                   place
                   ,
                   wherein
                   he
                   or
                   they
                   have
                   since
                   the
                   Act
                   of
                   Oblivion
                   been
                   Parson
                   ,
                   Vicar
                   ,
                   Curate
                   ,
                   Stipendiary
                   ,
                   or
                   Lecturer
                   ,
                   or
                   taken
                   upon
                   them
                   to
                   preach
                   in
                   any
                   unlawful
                   Assembly
                   ,
                   Conventicle
                   or
                   Meeting
                   ,
                   under
                   colour
                   or
                   pretence
                   of
                   any
                   exercise
                   of
                   Religion
                   ,
                   contrary
                   to
                   the
                   Laws
                   and
                   Statutes
                   of
                   this
                   Kingdom
                   ,
                   (
                   4
                   )
                   Before
                   he
                   or
                   they
                   have
                   taken
                   and
                   subscribed
                   the
                   Oath
                   aforesaid
                   ,
                   before
                   the
                   Justices
                   of
                   the
                   Peace
                   at
                   their
                   Quarter-Sessions
                   ,
                   to
                   be
                   holden
                   for
                   County
                   ,
                   Riding
                   ,
                   or
                   Division
                   next
                   unto
                   the
                   said
                   Corporation
                   ,
                   City
                   ,
                   or
                   Burrough
                   ,
                   Parish
                   ,
                   place
                   or
                   Town
                   ,
                   in
                   open
                   Court
                   ;
                   (
                   which
                   said
                   Oath
                   the
                   said
                   Justices
                   are
                   hereby
                   impowered
                   there
                   to
                   administer
                   ,
                   )
                   (
                   5
                   )
                   Upon
                   forfeiture
                   for
                   every
                   such
                   Offence
                   the
                   sum
                   of
                   Forty
                   pounds
                   of
                   lawful
                   English
                   Money
                   ;
                   the
                   one
                   third
                   part
                   thereof
                   to
                   His
                   Majesty
                   and
                   His
                   Successors
                   ,
                   the
                   other
                   third
                   
                   part
                   to
                   the
                   use
                   of
                   the
                   poor
                   of
                   the
                   Parish
                   where
                   the
                   Offence
                   shall
                   be
                   committed
                   ,
                   and
                   the
                   other
                   third
                   part
                   thereof
                   to
                   such
                   person
                   or
                   persons
                   as
                   shall
                   or
                   will
                   sue
                   for
                   the
                   same
                   by
                   Action
                   of
                   Debt
                   ,
                   Plaint
                   ,
                   Bill
                   ,
                   or
                   Information
                   in
                   any
                   Court
                   of
                   Record
                   at
                   Westminster
                   ,
                   or
                   before
                   any
                   Justices
                   of
                   Assize
                   ,
                   Oyer
                   and
                   Terminer
                   ,
                   or
                   Gaol-delivery
                   ,
                   or
                   before
                   any
                   Justices
                   of
                   the
                   Counties
                   Palatine
                   of
                   
                     Chester
                     ,
                     Lancaster
                  
                   ,
                   or
                   Durham
                   ,
                   or
                   the
                   Justices
                   of
                   the
                   great
                   Sessions
                   in
                   Wales
                   ,
                   or
                   before
                   any
                   Justices
                   of
                   Peace
                   in
                   their
                   Quarter
                   Sessions
                   ,
                   wherein
                   no
                   Essoin
                   ,
                   Protection
                   ,
                   or
                   wager
                   of
                   Law
                   shall
                   be
                   allowed
                   .
                
                 
                   IV.
                   Provided
                   always
                   ,
                   and
                   be
                   it
                   further
                   enacted
                   by
                   the
                   Authority
                   aforesaid
                   ,
                   That
                   it
                   shall
                   not
                   be
                   lawful
                   for
                   any
                   person
                   or
                   persons
                   restrained
                   from
                   coming
                   to
                   any
                   City
                   ,
                   Town
                   Corporate
                   ,
                   Burrough
                   ,
                   Parish
                   ,
                   Town
                   ,
                   or
                   place
                   ,
                   as
                   aforesaid
                   ,
                   or
                   for
                   any
                   other
                   Person
                   or
                   Persons
                   as
                   shall
                   not
                   first
                   take
                   and
                   subscribe
                   the
                   aforesaid
                   Oath
                   ,
                   and
                   as
                   shall
                   not
                   frequent
                   Divine
                   Service
                   established
                   by
                   the
                   Laws
                   of
                   this
                   Kingdom
                   ,
                   and
                   carry
                   him
                   or
                   her self
                   reverently
                   ,
                   decently
                   ,
                   and
                   orderly
                   there
                   ,
                   to
                   teach
                   any
                   publick
                   or
                   private
                   School
                   ,
                   or
                   take
                   any
                   Boarders
                   or
                   Tablers
                   ,
                   that
                   are
                   taught
                   or
                   instructed
                   by
                   him
                   or
                   her self
                   ,
                   or
                   any
                   other
                   ,
                   upon
                   pain
                   for
                   every
                   such
                   Offence
                   to
                   forfeit
                   the
                   sum
                   of
                   Forty
                   pounds
                   ,
                   to
                   be
                   recovered
                   and
                   distributed
                   as
                   aforesaid
                   .
                
                 
                   V.
                   Provided
                   also
                   ,
                   and
                   be
                   it
                   further
                   enacted
                   by
                   the
                   Authority
                   aforesaid
                   ,
                   that
                   it
                   shall
                   be
                   lawful
                   for
                   any
                   two
                   Justices
                   of
                   the
                   Peace
                   of
                   the
                   respective
                   County
                   ,
                   upon
                   Oath
                   to
                   them
                   of
                   any
                   Offence
                   against
                   this
                   Act
                   ,
                   which
                   Oath
                   they
                   are
                   hereby
                   impowered
                   to
                   administer
                   ,
                   to
                   commit
                   the
                   Offender
                   for
                   six
                   Months
                   without
                   Bail
                   or
                   Mainprise
                   ,
                   unless
                   upon
                   or
                   before
                   such
                   Commitment
                   ,
                   he
                   shall
                   before
                   the
                   said
                   Justices
                   of
                   the
                   Peace
                   ,
                   swear
                   and
                   subscribe
                   the
                   aforesaid
                   Oath
                   and
                   Declaration
                   .
                
                 
                   VI.
                   Provided
                   always
                   ,
                   that
                   if
                   any
                   person
                   intended
                   
                   to
                   be
                   restrained
                   by
                   vertue
                   of
                   this
                   Act
                   ,
                   shall
                   without
                   fraud
                   or
                   Covin
                   be
                   served
                   with
                   any
                   Writ
                   ,
                   Sub-poena
                   ,
                   Warranr
                   ,
                   or
                   other
                   Process
                   ,
                   whereby
                   his
                   personal
                   appearance
                   is
                   required
                   ,
                   his
                   Obedience
                   to
                   such
                   Writ
                   ,
                   Sub-poena
                   ,
                   or
                   Process
                   shall
                   not
                   be
                   construed
                   an
                   Offence
                   against
                   this
                   Act.
                   
                
              
            
          
        
         
           Note
           ,
           That
           as
           to
           the
           Penalty
           of
           Forty
           Pound
           ,
           the
           party
           must
           be
           tried
           at
           the
           Assises
           or
           Sessions
           before
           it
           is
           forfeited
           .
           But
           any
           two
           Justices
           of
           Peace
           may
           commit
           for
           six
           Months
           ,
           unless
           before
           them
           he
           'l
           swear
           and
           subscribe
           the
           Oath
           in
           this
           Declaration
           specified
           ,
           the
           Assent
           and
           Consent
           ,
           and
           the
           Declaration
           therein
           referr'd
           unto
           ,
           which
           if
           he
           do
           he
           puts
           himself
           out
           of
           their
           power
           .
        
         
           Now
           the
           Assent
           and
           Consent
           he
           has
           spoke
           of
           is
           appointed
           by
           the
           Stat.
           13
           ,
           and
           14.
           of
           
             Car.
             2di
             ,
             chap.
          
           4.
           as
           follows
           .
        
         
           
             I
             
               A.
               B.
            
             do
             here
             declare
             my
             unfeigned
             Assent
             &
             Consent
             to
             all
             &
             every
             thing
             contained
             &
             prescribed
             ,
             in
             &
             by
             the
             Book
             intituled
             ,
             the
             Book
             of
             common
             Prayer
             ,
             &
             Administration
             of
             the
             Sacraments
             ,
             and
             other
             Rites
             and
             Ceremonies
             of
             the
             Church
             ,
             according
             to
             the
             use
             of
             the
             Church
             of
             England
             ,
             together
             with
             the
             Psalter
             or
             Psalms
             of
             David
             ,
             pointed
             as
             they
             are
             to
             be
             sung
             or
             said
             in
             Churches
             ;
             and
             the
             form
             and
             manner
             of
             making
             ,
             ordaining
             ,
             and
             consecrating
             of
             Bishops
             ,
             Priests
             ,
             and
             Deacons
             .
          
        
         
           The
           Declaration
           is
           by
           the
           Act
           last
           mentioned
           ,
           as
           follows
           .
        
         
           
             I
             
               A.
               B.
            
             do
             declare
             ,
             that
             it
             is
             not
             lawful
             ,
             upon
             any
             pretence
             whatsoever
             ,
             to
             take
             Arms
             against
             the
             King
             ;
             and
             that
             I
             do
             abhor
             that
             Traiterous
             position
             of
             taking
             Arms
             by
             his
             Authority
             against
             his
             Person
             ,
             or
             against
             those
             that
             are
             commissioned
             by
             him
             ;
             and
             that
             I
             will
             conform
             to
             the
             Liturgy
             of
             the
             Church
             of
             England
             ,
             as
             it
             is
             now
             by
             Law
             established
             :
             And
             I
             do
             declare
             ,
             That
             I
             do
             hold
             there
             lies
             no
             Obligation
             upon
             me
             ,
             nor
             any
             other
             person
             ,
             from
             the
             Oath
             commonly
             
             called
             the
             solemn
             League
             and
             Covenant
             to
             endeavour
             any
             change
             or
             alteration
             of
             Government
             ,
             either
             in
             Church
             or
             State
             ;
             and
             that
             the
             same
             was
             in
             it self
             an
             unlawful
             Oath
             ,
             and
             imposed
             upon
             the
             Subjects
             of
             this
             Realm
             against
             the
             known
             Laws
             and
             Liberties
             of
             this
             Kingdom
             .
          
        
         
           But
           note
           ,
           that
           this
           last
           branch
           of
           this
           Declaration
           ,
           by
           a
           subsequent
           clause
           of
           the
           same
           Act
           ,
           was
           to
           continue
           but
           till
           the
           25th
           day
           of
           March
           ,
           1682.
           so
           that
           now
           the
           same
           is
           not
           to
           be
           required
           .
           —
           And
           thus
           much
           for
           this
           Five-Mile
           Act.
           
        
         
           We
           now
           proceed
           to
           the
           other
           Statute
           against
           Protestant
           Dissenters
           ,
           viz.
           
        
      
       
         
           
             Anno
             Vicessimo
             Secundo
             Caroli
             Secundi
             Regis
             ,
          
           
             
               Cap.
               1.
               
               An
               Act
               to
               prevent
               and
               suppress
               Seditions
               Conventicles
               .
            
             
               For
               providing
               further
               and
               more
               speedy
               Remedies
               against
               the
               growing
               and
               dangerous
               practices
               of
               Seditious
               Sectaries
               ,
               and
               other
               disloyal
               persons
               ,
               who
               under
               pretence
               of
               Tender
               Consciences
               ,
               have
               or
               may
               at
               their
               Meetings
               contrive
               Insurrections
               (
               as
               late
               Experience
               hath
               shewn
               ;
               )
               (
               2.
               )
               Be
               it
               enacted
               by
               the
               King
               's
               most
               Excellent
               Majesty
               ,
               by
               and
               with
               the
               Advice
               and
               Consent
               of
               the
               Lords
               Spiritual
               and
               Temporal
               ,
               and
               Commons
               in
               this
               present
               Parliament
               Assembled
               ,
               and
               by
               Authority
               of
               the
               same
               ,
               That
               if
               any
               person
               of
               the
               Age
               of
               sixteen
               years
               ,
               or
               upwards
               ,
               being
               a
               Subject
               of
               this
               Realm
               ,
               at
               any
               time
               after
               the
               tenth
               day
               of
               May
               next
               ,
               shall
               be
               present
               at
               any
               Assembly
               ,
               Conventicle
               or
               Meeting
               ,
               under
               colour
               or
               pretence
               of
               any
               Exercise
               of
               Religion
               ,
               in
               other
               manner
               than
               according
               to
               the
               Liturgy
               and
               practice
               of
               the
               Church
               of
               England
               ,
               in
               any
               place
               within
               the
               Kingdom
               of
               England
               ,
               Dominion
               of
               Wales
               ,
               or
               Town
               of
               Berwick
               upon
               Tweed
               ,
               at
               which
               Conventicle
               ,
               Meeting
               or
               Assembly
               ,
               there
               shall
               be
               five
               persons
               or
               more
               Assembled
               together
               over
               and
               besides
               those
               of
               the
               same
               houshold
               ;
               if
               it
               be
               in
               a
               house
               where
               there
               is
               a
               Family
               inhabiting
               ;
               
               or
               if
               it
               be
               in
               a
               house
               ,
               field
               ,
               or
               place
               where
               there
               is
               no
               Family
               inhabiting
               ;
               then
               where
               any
               five
               persons
               or
               more
               ,
               are
               so
               Assembled
               as
               aforesaid
               ,
               it
               shall
               and
               may
               be
               lawful
               to
               and
               for
               any
               one
               or
               more
               Justices
               of
               the
               Peace
               of
               the
               County
               ,
               Limit
               ,
               Division
               ,
               Corporation
               or
               Liberty
               wherein
               the
               Offence
               aforesaid
               shall
               be
               Committed
               ;
               or
               for
               the
               chief
               Magistrate
               of
               the
               place
               where
               the
               Offence
               aforesaid
               shall
               be
               committed
               :
               and
               he
               and
               they
               are
               hereby
               Required
               and
               Enjoyned
               
                 upon
                 Proof
              
               to
               him
               or
               them
               Respectively
               made
               of
               such
               Offence
               ,
               either
               by
               Confession
               of
               the
               Party
               ,
               or
               Oath
               of
               two
               Witnesses
               ,
               (
               3.
               )
               Which
               Oath
               the
               said
               Justice
               and
               Justices
               of
               the
               Peace
               ,
               and
               Chief
               Magistrate
               respectively
               ,
               are
               hereby
               Required
               and
               Impowered
               to
               Administer
               ;
               or
               by
               Notorious
               Evidence
               and
               Circumstance
               of
               the
               fact
               ,
               to
               make
               a
               Record
               of
               every
               such
               Offence
               under
               his
               or
               their
               Hands
               and
               Seals
               respectively
               ;
               which
               Record
               so
               made
               as
               aforesaid
               ,
               shall
               to
               all
               intents
               and
               purposes
               be
               in
               Law
               taken
               and
               adjudged
               to
               be
               a
               full
               and
               
                 perfect
                 Conviction
              
               of
               every
               such
               Offender
               for
               such
               offence
               ;
               and
               thereupon
               the
               said
               Justice
               ,
               Justices
               and
               Chief
               Magistrate
               respectively
               shall
               Impose
               on
               every
               such
               Offender
               so
               convict
               as
               aforesaid
               ,
               a
               Fine
               of
               five
               shillings
               for
               such
               first
               Offence
               ;
               which
               Record
               and
               Conviction
               shall
               be
               certified
               by
               the
               said
               Justice
               ,
               Justices
               or
               Chief
               Magistrate
               ,
               at
               the
               next
               Quarter-Sessions
               of
               the
               Peace
               ,
               for
               the
               County
               or
               place
               where
               the
               Offence
               was
               committed
               .
            
             
               2.
               
               And
               be
               it
               further
               Enacted
               by
               the
               Authority
               aforesaid
               ,
               That
               if
               such
               Offender
               so
               convicted
               as
               aforesaid
               ,
               shall
               at
               any
               time
               again
               commit
               the
               like
               Offence
               or
               Offences
               ,
               contrary
               to
               this
               Act
               ,
               and
               be
               thereof
               in
               manner
               aforesaid
               convicted
               ,
               then
               such
               Offender
               so
               convict
               of
               such
               like
               Offence
               or
               Offences
               ,
               shall
               for
               every
               such
               Offence
               incur
               the
               penalty
               of
               ten
               shillings
               ;
               (
               2.
               )
               Which
               Fine
               and
               Fines
               for
               the
               first
               and
               every
               other
               Offence
               ,
               shall
               be
               Levied
               by
               Distress
               and
               Sale
               of
               
               the
               Offenders
               Goods
               and
               Chattels
               ;
               or
               in
               case
               of
               the
               poverty
               of
               such
               Offender
               ,
               upon
               the
               Goods
               and
               Chattels
               of
               any
               other
               person
               or
               persons
               who
               shall
               be
               then
               convicted
               in
               manner
               aforesaid
               of
               the
               like
               Offence
               at
               the
               same
               Conventicle
               ,
               at
               the
               discretion
               of
               the
               said
               Justice
               ,
               Justices
               ,
               or
               Chief
               Magistrate
               respectively
               ,
               so
               as
               the
               Sum
               to
               be
               Levied
               on
               any
               one
               person
               in
               case
               of
               the
               poverty
               of
               other
               Offenders
               ,
               amount
               not
               in
               the
               whole
               to
               above
               the
               Sum
               of
               ten
               pounds
               ,
               upon
               occasion
               of
               any
               one
               Meeting
               as
               aforesaid
               :
               (
               3.
               )
               And
               every
               Constable
               ,
               Headborough
               ,
               Tythingman
               ,
               Church-Wardens
               ,
               and
               Over-seers
               of
               the
               Poor
               respectively
               ,
               are
               hereby
               Authorized
               and
               Required
               to
               Levy
               the
               same
               accordingly
               ,
               having
               first
               received
               a
               Warrant
               under
               the
               Hands
               and
               Seals
               of
               the
               said
               Justice
               ,
               Justices
               ,
               or
               Chief
               Magistrate
               respectively
               so
               to
               do
               ;
               (
               4
               )
               The
               said
               Monies
               so
               to
               be
               Levied
               ,
               to
               be
               forthwith
               delivered
               to
               the
               same
               Justice
               ,
               Justices
               ,
               or
               Chief
               Magistrate
               ,
               and
               by
               him
               or
               them
               to
               be
               distributed
               ,
               the
               one
               third
               part
               thereof
               to
               the
               use
               of
               the
               King's
               Majesty
               ,
               His
               Heirs
               and
               Successors
               ,
               to
               be
               paid
               to
               the
               High
               Sheriff
               of
               the
               County
               for
               the
               time
               being
               in
               manner
               following
               ;
               that
               is
               to
               say
               ,
               the
               Justice
               or
               Justices
               of
               Peace
               shall
               pay
               the
               same
               into
               the
               Court
               of
               the
               respective
               Quarter-Sessions
               ,
               which
               said
               Court
               shall
               deliver
               the
               same
               to
               the
               Sheriff
               ,
               and
               make
               a
               Memorial
               on
               Record
               of
               the
               payment
               and
               delivery
               thereof
               ,
               which
               said
               Memorial
               shall
               be
               a
               sufficient
               and
               final
               discharge
               to
               the
               said
               Justice
               and
               Justices
               ,
               and
               a
               charge
               to
               the
               Sheriff
               ,
               which
               said
               discharge
               and
               charge
               shall
               be
               certified
               into
               the
               Exchequer
               together
               ,
               and
               not
               one
               without
               the
               other
               :
               And
               no
               Justice
               shall
               or
               may
               be
               questioned
               ,
               or
               accountable
               for
               the
               same
               in
               the
               Exchequer
               or
               elsewhere
               ,
               than
               in
               Quarter-Sessions
               ;
               another
               third
               part
               thereof
               to
               and
               for
               the
               use
               of
               the
               Poor
               of
               the
               Parish
               ,
               where
               such
               Offence
               shall
               be
               committed
               ;
               and
               the
               other
               third
               part
               thereof
               to
               the
               Informer
               and
               Informers
               ,
               and
               to
               such
               
               Person
               and
               persons
               as
               the
               said
               Justice
               ,
               Justices
               ,
               or
               chief
               Magistrate
               respectively
               ,
               shall
               appoint
               ,
               having
               regard
               to
               their
               diligence
               and
               Industry
               in
               the
               discovery
               ,
               dispersing
               and
               punishing
               of
               the
               said
               Conventicles
               .
            
             
               3.
               
               And
               be
               it
               further
               enacted
               by
               the
               Authority
               aforesaid
               ,
               That
               every
               person
               who
               shall
               take
               upon
               him
               to
               preach
               or
               teach
               in
               any
               such
               Meeting
               ,
               Assembly
               ,
               or
               Conventicle
               ,
               and
               shall
               thereof
               be
               convicted
               as
               aforesaid
               ,
               shall
               forfeit
               for
               every
               such
               first
               Offence
               the
               sum
               of
               Twenty
               pound
               ,
               to
               be
               Levied
               in
               manner
               aforesaid
               ,
               upon
               his
               Goods
               and
               Chattles
               ;
               (
               2.
               )
               And
               if
               the
               said
               Preacher
               or
               Teacher
               so
               convicted
               be
               a
               stranger
               ,
               and
               his
               Name
               and
               Habitation
               not
               known
               ,
               and
               is
               fled
               and
               cannot
               be
               found
               ,
               or
               in
               the
               Judgment
               of
               the
               Justice
               ,
               Justices
               ,
               or
               chief
               Magistrate
               ,
               before
               whom
               he
               shall
               be
               convicted
               ,
               shall
               be
               thought
               unable
               to
               pay
               the
               same
               ,
               the
               said
               Justice
               ,
               Justices
               ,
               or
               chief
               Magistrate
               respectively
               ,
               are
               hereby
               impowered
               and
               required
               to
               levy
               the
               same
               by
               Warrant
               as
               aforesaid
               upon
               the
               Goods
               &
               Chattels
               of
               any
               such
               persons
               who
               shall
               be
               present
               at
               the
               same
               Conventicle
               ,
               any
               thing
               in
               this
               or
               any
               other
               Act.
               Law
               ,
               or
               Statute
               to
               the
               contrary
               notwithstanding
               ;
               and
               the
               Money
               so
               levied
               to
               be
               disposed
               of
               in
               manner
               aforesaid
               .
               (
               3.
               )
               And
               if
               such
               Offender
               so
               convicted
               as
               aforesaid
               ,
               shall
               at
               any
               time
               again
               commit
               the
               like
               Offence
               or
               Offences
               contrary
               to
               this
               Act
               ,
               and
               be
               thereof
               convicted
               in
               manner
               aforesaid
               ,
               then
               such
               Offendor
               so
               convicted
               of
               such
               like
               Offence
               or
               Offences
               ,
               shall
               for
               every
               such
               Offence
               incur
               the
               penalty
               of
               Forty
               pounds
               ,
               to
               be
               levied
               and
               disposed
               as
               aforesaid
               .
            
             
               4.
               
               And
               be
               it
               further
               enacted
               by
               the
               Authority
               aforesaid
               ,
               That
               every
               person
               that
               shall
               wittingly
               and
               willingly
               suffer
               any
               such
               Conventicle
               Meeting
               ,
               or
               unlawful
               Assembly
               aforesaid
               ,
               to
               be
               held
               in
               his
               or
               her
               House
               ,
               Out-house
               ,
               Barn
               ,
               Yard
               ,
               or
               Backside
               ,
               and
               be
               convicted
               thereof
               in
               manner
               aforesaid
               ,
               shall
               forfeit
               the
               sum
               of
               
               20
               l.
               to
               be
               levied
               in
               manner
               aforesaid
               ,
               upon
               his
               or
               her
               Goods
               and
               Chattels
               ;
               or
               in
               case
               of
               his
               or
               her
               poverty
               or
               inability
               as
               aforesaid
               ,
               upon
               the
               Goods
               and
               Chattels
               of
               such
               persons
               who
               shall
               be
               convicted
               in
               manner
               abovesaid
               ,
               of
               being
               present
               at
               the
               same
               Conventicle
               ;
               and
               the
               Money
               so
               levied
               to
               be
               disposed
               of
               in
               manner
               aforesaid
               .
            
             
               5.
               
               Provided
               always
               ,
               and
               be
               it
               enacted
               by
               the
               Authority
               aforesaid
               ,
               That
               no
               person
               shall
               by
               any
               clause
               of
               this
               Act
               be
               liable
               to
               pay
               above
               Ten
               Pounds
               for
               any
               one
               Meeting
               ,
               in
               regard
               of
               the
               poverty
               of
               any
               other
               person
               or
               persons
               .
            
             
               Provided
               also
               ,
               and
               be
               it
               further
               enacted
               ,
               That
               in
               all
               cases
               of
               this
               Act
               where
               the
               penalty
               or
               sum
               charged
               upon
               any
               Offendor
               ,
               exceeds
               the
               sum
               of
               Ten
               shillings
               ,
               and
               such
               offendor
               ,
               shall
               find
               himself
               aggrieved
               ,
               it
               shall
               and
               may
               be
               lawful
               for
               him
               within
               one
               Week
               after
               the
               said
               penalty
               or
               Money
               charged
               shall
               be
               paid
               or
               levied
               ,
               to
               appeal
               in
               writing
               from
               the
               person
               or
               persons
               convicting
               ,
               to
               the
               judgment
               of
               the
               Justices
               of
               the
               Peace
               in
               the
               next
               Quarter-Sessions
               ,
               (
               2.
               )
               To
               whom
               the
               Justice
               or
               Justices
               of
               Peace
               ,
               chief
               Magistrate
               or
               Alderman
               ,
               that
               first
               convicted
               such
               offendor
               ,
               shall
               return
               the
               Money
               levied
               upon
               the
               Appellant
               ,
               and
               shall
               certifie
               under
               his
               and
               their
               Hands
               and
               Seals
               ,
               the
               Evidence
               upon
               which
               the
               conviction
               past
               ,
               with
               the
               whole
               Record
               thereof
               ,
               and
               the
               said
               Appeal
               :
               (
               3.
               )
               Whereupon
               such
               Offendor
               may
               plead
               and
               make
               defence
               ,
               and
               have
               his
               
                 Tryal
                 by
                 a
                 Jury
              
               thereupon
               :
               (
               4.
               )
               And
               in
               case
               such
               Appellant
               shall
               not
               prosecute
               with
               effect
               ,
               or
               if
               that
               upon
               such
               Trial
               he
               shall
               not
               be
               acquitted
               ,
               or
               Judgment
               pass
               not
               for
               him
               upon
               his
               said
               Appeal
               ,
               the
               said
               Justices
               at
               the
               Sessions
               shall
               give
               treble
               costs
               against
               such
               Offendor
               for
               his
               unjust
               Appeal
               (
               5.
               )
               and
               no
               other
               Court
               whatsoever
               shall
               intermeddle
               with
               any
               cause
               or
               causes
               of
               Appeal
               upon
               this
               Act
               ,
               but
               they
               shall
               be
               finally
               determined
               in
               the
               Quarter-Sessions
               only
               .
            
             
             
               7.
               
               Provided
               alwaies
               ,
               and
               be
               it
               further
               Enacted
               ,
               that
               upon
               the
               delivery
               of
               such
               Appeal
               as
               aforesaid
               ,
               the
               person
               or
               persons
               appellant
               ,
               shall
               enter
               before
               the
               person
               or
               persons
               Convicting
               into
               a
               Recognizance
               ,
               to
               Prosecute
               the
               said
               Appeal
               with
               Effect
               .
               (
               2.
               )
               Which
               said
               Recognizance
               the
               Person
               or
               Persons
               Convicting
               is
               hereby
               Impowered
               to
               take
               ,
               and
               Required
               to
               Certifie
               the
               same
               to
               the
               next
               quarter
               Sessions
               .
               (
               3.
               )
               And
               in
               Case
               no
               such
               Recognizance
               be
               entred
               into
               ,
               the
               said
               Appeal
               to
               be
               null
               and
               Void
               .
            
             
               8.
               
               Provided
               alwaies
               that
               every
               such
               Appeal
               shall
               be
               left
               with
               the
               Person
               or
               Persons
               so
               Convicting
               as
               aforesaid
               ,
               at
               the
               time
               of
               the
               making
               thereof
               .
            
             
               9.
               
               And
               be
               it
               further
               Enacted
               by
               the
               Authority
               aforesaid
               ,
               that
               the
               Justice
               ,
               Justices
               of
               the
               Peace
               and
               Chief
               Magistrate
               respectively
               ,
               or
               the
               respective
               Constables
               ,
               Headboroughs
               and
               Tything-men
               by
               Warrant
               from
               the
               said
               Justice
               ,
               Justices
               ,
               or
               Chief
               Magistrate
               respectively
               ,
               shall
               and
               may
               with
               what
               Aid
               ,
               Force
               ,
               and
               Assistance
               they
               shall
               think
               fit
               ,
               for
               the
               better
               Execution
               of
               this
               Act
               ,
               after
               Refusal
               or
               Denial
               to
               enter
               ,
               break
               open
               and
               enter
               into
               any
               House
               or
               other
               place
               ,
               where
               they
               shall
               be
               Informed
               of
               any
               such
               Conventicle
               as
               aforesaid
               ,
               is
               or
               shall
               be
               held
               ,
               as
               well
               within
               Liberties
               as
               without
               ;
               (
               2.
               )
               And
               take
               into
               their
               Custody
               the
               Persons
               there
               unlawfully
               Assembled
               ,
               to
               the
               Intent
               they
               may
               be
               proceeded
               against
               according
               to
               this
               Act
               :
               (
               3.
               )
               And
               that
               the
               Lieutenants
               or
               Deputy
               Lieutenants
               ,
               or
               any
               Commissionated
               Officer
               of
               the
               Militia
               ,
               or
               other
               of
               his
               Majesties
               forces
               ,
               with
               such
               Troops
               or
               Companies
               of
               Horse
               and
               Foot
               ;
               and
               also
               the
               Sheriffs
               and
               other
               Magistrates
               and
               Ministers
               of
               Justice
               ,
               or
               any
               of
               them
               ,
               jointly
               or
               severally
               within
               any
               of
               the
               Counties
               or
               Places
               within
               this
               Kingdom
               of
               England
               ,
               Dominion
               of
               Wales
               ,
               or
               Town
               of
               Berwick
               upon
               Tweed
               ,
               with
               such
               other
               Assistance
               as
               they
               shall
               think
               meet
               ,
               
               or
               can
               get
               in
               Readiness
               with
               the
               soonest
               ,
               
                 on
                 Certificate
              
               made
               to
               them
               respectively
               under
               the
               Hand
               and
               Seal
               of
               any
               one
               Justice
               of
               the
               Peace
               or
               Chief
               Magistrate
               ,
               of
               his
               particular
               Information
               or
               Knowledge
               of
               such
               unlawful
               Meeting
               or
               Conventicle
               held
               ,
               or
               to
               be
               held
               in
               their
               respective
               Counties
               or
               Places
               ,
               and
               that
               he
               with
               such
               Assistance
               as
               he
               can
               get
               together
               ,
               is
               not
               able
               to
               suppress
               and
               dissolve
               the
               same
               ,
               shall
               and
               may
               ,
               and
               are
               hereby
               required
               and
               enjoyned
               to
               Repair
               unto
               the
               place
               where
               they
               are
               so
               held
               or
               to
               be
               held
               ;
               and
               by
               the
               best
               means
               they
               can
               ,
               Dissolve
               ,
               Dissipate
               ,
               or
               prevent
               all
               such
               unlawful
               Meetings
               ,
               and
               take
               into
               their
               Custody
               ,
               such
               and
               so
               many
               of
               the
               said
               Persons
               so
               unlawfully
               Assembled
               as
               they
               shall
               think
               fit
               ,
               to
               the
               Intent
               they
               may
               be
               Proceeded
               against
               according
               to
               this
               Act.
               
            
             
               10.
               
               Provided
               alwaies
               that
               no
               Dwelling-house
               of
               any
               Peer
               of
               this
               Realm
               where
               he
               or
               his
               Wife
               shall
               then
               be
               Resident
               ,
               shall
               be
               searched
               by
               vertue
               of
               this
               Act
               ,
               but
               by
               immediate
               Warrant
               from
               his
               Majesty
               under
               his
               Sign
               Manual
               ,
               or
               in
               the
               Presence
               of
               the
               Lieutenant
               ,
               or
               one
               Deputy
               Lieutenant
               ,
               or
               two
               Justices
               of
               the
               Peace
               ,
               whereof
               one
               to
               be
               of
               the
               Quorum
               of
               the
               same
               County
               or
               Riding
               .
            
             
               11.
               
               And
               be
               it
               further
               Enacted
               by
               the
               Authority
               aforesaid
               ,
               that
               if
               any
               Constable
               ,
               Headborough
               ,
               Tythingman
               ,
               Church-warden
               or
               Overseer
               of
               the
               Poor
               ,
               who
               
                 Shall
                 know
                 or
                 be
                 credibly
                 Informed
              
               of
               any
               such
               Meetings
               or
               Conventicles
               held
               within
               his
               Precincts
               ,
               Parishes
               or
               Limits
               ,
               and
               shall
               not
               give
               Information
               thereof
               to
               some
               Justice
               of
               the
               Peace
               ,
               or
               the
               chief
               Magistrate
               ,
               and
               endeavour
               the
               Conviction
               of
               the
               Parties
               according
               to
               his
               Duty
               ,
               but
               such
               Constable
               ,
               Headborough
               ,
               Tything-man
               ,
               Church-warden
               ,
               Overseers
               of
               the
               Poor
               ,
               or
               any
               person
               lawfully
               called
               in
               Aid
               of
               the
               Constable
               ,
               Headborough
               or
               Tything-man
               ,
               shall
               wilfully
               and
               wittingly
               omit
               the
               performance
               of
               his
               Duty
               ,
               in
               the
               Execution
               of
               
               this
               Act
               ,
               and
               
                 Be
                 thereof
                 Convicted
                 in
                 manner
                 aforesaid
                 ,
              
               he
               shall
               forfeit
               for
               every
               such
               Offence
               the
               Summe
               of
               five
               Pound
               to
               be
               Levyed
               upon
               his
               Goods
               and
               Chattels
               ,
               and
               disposed
               in
               manner
               aforesaid
               .
               (
               2.
               )
               And
               that
               if
               any
               Justice
               of
               the
               Peace
               ,
               or
               Chief
               Magistrate
               shall
               wilfully
               and
               wittingly
               omit
               the
               Performance
               of
               his
               Duty
               in
               the
               Execution
               of
               this
               Act
               ,
               he
               shall
               forfeit
               the
               Summe
               of
               one
               hundred
               Pounds
               ,
               the
               one
               Moiety
               to
               the
               use
               of
               the
               Informer
               ,
               to
               be
               Recovered
               by
               Action
               ,
               Suit
               ,
               Bill
               or
               Plaint
               ,
               in
               any
               of
               his
               Majesties
               Courts
               at
               Westminster
               ,
               wherein
               no
               Essoign
               ,
               Protection
               or
               Wager
               of
               Law
               shall
               lie
               .
            
             
               12.
               
               And
               be
               it
               further
               Enacted
               by
               the
               Authority
               aforesaid
               ,
               that
               if
               any
               Person
               be
               at
               any
               time
               Sued
               for
               putting
               in
               Execution
               any
               of
               the
               Powers
               contained
               in
               this
               Act
               ,
               otherwise
               than
               upon
               Appeal
               allowed
               by
               this
               Act
               ,
               such
               Person
               shall
               and
               may
               Plead
               the
               General
               Issue
               ,
               and
               give
               the
               special
               matter
               in
               Evidence
               ;
               (
               2.
               )
               And
               if
               the
               Plaintiff
               be
               Nonsuit
               ,
               or
               a
               Verdict
               pass
               for
               the
               Defendant
               ,
               every
               such
               Defendant
               shall
               have
               his
               full
               Treble
               Costs
               .
            
             
               13.
               
               And
               be
               it
               further
               Enacted
               by
               the
               Authority
               aforesaid
               ,
               that
               this
               Act
               ,
               and
               all
               clauses
               therein
               contained
               ,
               shall
               be
               Construed
               most
               largely
               and
               beneficially
               for
               the
               suppressing
               of
               Conventicles
               ,
               and
               for
               the
               Justification
               and
               Encouragement
               of
               all
               Persons
               to
               be
               Employed
               in
               the
               Execution
               thereof
               .
               (
               2.
               )
               And
               that
               no
               Record
               ,
               Warrant
               or
               Mittimus
               to
               be
               made
               by
               Vertue
               of
               this
               Act
               ,
               or
               any
               Proceedings
               thereupon
               shall
               be
               Reversed
               ,
               Avoided
               ,
               or
               any
               way
               Impeached
               by
               reason
               of
               any
               Default
               in
               form
               .
               (
               3.
               )
               And
               in
               Case
               any
               Person
               offending
               against
               this
               Act
               ,
               shall
               be
               an
               Inhabitant
               in
               any
               other
               County
               or
               Corporation
               ,
               or
               fly
               into
               any
               other
               County
               or
               Corporation
               after
               the
               Offence
               Committed
               ,
               the
               Justice
               of
               Peace
               or
               Chief
               Magistrate
               before
               whom
               he
               shall
               be
               Convicted
               as
               aforesaid
               ,
               shall
               certifie
               the
               same
               under
               his
               hand
               and
               Seal
               ,
               to
               any
               
               Justice
               of
               Peace
               ,
               or
               chief
               Magistrate
               of
               such
               other
               County
               or
               Corporation
               wherein
               the
               said
               person
               or
               persons
               are
               Inhabitants
               ,
               or
               are
               Fled
               into
               .
               (
               4.
               )
               Which
               said
               Justice
               or
               chief
               Magistrate
               respectively
               ,
               is
               hereby
               Authorized
               and
               required
               to
               Levy
               the
               Penalty
               or
               Penalties
               in
               this
               Act
               mentioned
               upon
               the
               Goods
               and
               Chattels
               of
               such
               person
               or
               Persons
               ,
               as
               fully
               as
               the
               said
               other
               Justice
               of
               Peace
               might
               have
               done
               ,
               in
               case
               he
               or
               they
               had
               been
               Inhabitants
               in
               the
               place
               where
               the
               Offence
               was
               Committed
               .
            
             
               14.
               
               Provided
               also
               that
               no
               Person
               shall
               be
               Punished
               for
               any
               Offence
               against
               this
               Act
               ,
               unless
               such
               Offender
               be
               Prosecuted
               for
               the
               same
               within
               three
               Months
               after
               the
               Offence
               Committed
               .
               (
               2.
               )
               And
               that
               no
               Person
               who
               shall
               be
               Punished
               for
               any
               Offence
               by
               Vertue
               of
               this
               Act
               ,
               shall
               be
               Punished
               for
               the
               same
               Offence
               by
               Vertue
               of
               any
               other
               Act
               ,
               or
               Law
               whatsoever
               .
            
             
               15.
               
               Provided
               and
               be
               it
               further
               Enacted
               by
               the
               Authority
               aforesaid
               ,
               that
               every
               Alderman
               of
               London
               for
               the
               time
               being
               ,
               within
               the
               City
               of
               London
               and
               the
               Liberties
               thereof
               ,
               shall
               have
               (
               and
               they
               and
               every
               of
               them
               are
               hereby
               Impowered
               and
               required
               to
               Execute
               )
               the
               same
               power
               and
               Authority
               within
               London
               and
               the
               Liberties
               thereof
               ,
               for
               the
               Examining
               ,
               Convicting
               and
               Punishing
               of
               all
               Offences
               within
               this
               Act
               committed
               within
               London
               ,
               and
               the
               Liberties
               thereof
               ,
               which
               any
               Justice
               of
               Peace
               hath
               by
               this
               Act
               in
               any
               County
               of
               England
               ,
               and
               shall
               be
               subject
               to
               the
               same
               Penalties
               and
               Punishments
               ,
               for
               not
               doing
               that
               which
               by
               this
               Act
               is
               directed
               to
               be
               done
               by
               any
               Justice
               of
               Peace
               in
               any
               County
               of
               England
               .
            
             
               16.
               
               Provided
               and
               be
               it
               Enacted
               by
               the
               Authority
               aforesaid
               ,
               that
               if
               the
               Person
               Offending
               and
               Convicted
               as
               aforesaid
               ,
               be
               a
               Feme-covert
               ,
               cohabiting
               with
               her
               Husband
               ,
               the
               Penalties
               of
               five
               Shillings
               
               and
               ten
               Shillings
               ,
               so
               as
               aforesaid
               Incurred
               ,
               shall
               be
               Levyed
               by
               Warrant
               as
               aforesaid
               ,
               upon
               the
               Goods
               and
               Chattels
               of
               the
               Husband
               of
               each
               Feme-covert
               .
            
             
               17.
               
               Provided
               also
               that
               no
               Peer
               of
               this
               Realm
               shall
               be
               Attached
               or
               Imprisoned
               by
               Vertue
               or
               Force
               of
               this
               Act
               ,
               any
               thing
               ,
               matter
               or
               clause
               therein
               to
               the
               contrary
               notwithstanding
               .
            
             
               18.
               
               Provided
               also
               ,
               that
               neither
               this
               Act
               ,
               nor
               any
               thing
               therein
               contained
               ,
               shall
               extend
               to
               Invalidate
               or
               avoid
               his
               Majesties
               Supremacy
               in
               Ecclesiastical
               Affairs
               ;
               (
               2.
               )
               But
               that
               his
               Majesty
               and
               his
               Heirs
               and
               Successors
               ,
               from
               time
               to
               time
               ,
               and
               at
               all
               times
               hereafter
               ,
               Exercise
               and
               Enjoy
               all
               Powers
               and
               Authority
               in
               Ecclesiastical
               Affairs
               ,
               as
               fully
               and
               as
               amply
               as
               himself
               or
               any
               of
               his
               Predecessors
               have
               ,
               or
               might
               have
               done
               the
               same
               ,
               any
               thing
               in
               this
               Act
               notwithstanding
               .
            
          
        
         
           
             Notes
             upon
             the
             foregoing
             Act.
             
          
           
             1.
             
             By
             the
             Title
             ,
             Preamble
             and
             Scope
             of
             the
             Act
             it
             appears
             that
             the
             same
             is
             intended
             for
             suppressing
             Seditious
             Conventicles
             under
             Pretence
             of
             Religious
             Worship
             ;
             that
             is
             ,
             where
             the
             Conventiclers
             meet
             together
             under
             a
             pretence
             of
             Worship
             ,
             not
             according
             to
             the
             Liturgy
             and
             Practice
             of
             the
             Church
             of
             England
             ,
             but
             indeed
             to
             carry
             on
             ill
             designs
             against
             the
             State.
             
          
           
             2.
             
             If
             any
             such
             Conventicle
             be
             ,
             the
             Justices
             knowing
             it
             by
             the
             Oaths
             of
             
               two
               Witnesses
            
             ,
             may
             make
             a
             Record
             thereof
             ,
             and
             then
             the
             Persons
             so
             offending
             ,
             shall
             forfeit
             so
             as
             in
             the
             Act
             you
             have
             heard
             .
          
           
             3.
             
             It
             must
             appear
             upon
             Oath
             before
             the
             Justices
             ,
             or
             Confession
             of
             the
             Parties
             ,
             1.
             
             That
             it
             was
             a
             Seditious
             Conventicle
             ,
             met
             together
             to
             disturb
             the
             Peace
             ,
             under
             pretence
             of
             Religion
             .
             2.
             
             That
             the
             Worship
             there
             practised
             ,
             was
             
               not
               according
            
             to
             the
             Liturgy
             and
             Practice
             of
             the
             Church
             of
             England
             ;
             
             so
             that
             the
             Informers
             must
             be
             present
             the
             whole
             time
             of
             the
             Meeting
             :
             for
             if
             they
             only
             hear
             a
             man
             Praying
             or
             Preaching
             ,
             that
             is
             not
             contrary
             to
             the
             Practice
             of
             the
             Church
             of
             England
             ,
             and
             how
             does
             it
             appear
             that
             they
             did
             not
             read
             the
             Liturgy
             ?
             3.
             
             It
             must
             be
             proved
             that
             there
             were
             Assembled
             five
             Persons
             or
             more
             ,
             besides
             the
             Inhabitants
             in
             the
             House
             .
          
           
             4.
             
             If
             a
             party
             be
             Fined
             above
             ten
             Shillings
             ,
             if
             he
             pay
             down
             the
             Money
             ,
             or
             it
             be
             levied
             within
             one
             Week
             after
             such
             Payment
             or
             Levy
             ,
             
               he
               may
               Appeal
            
             from
             the
             Justice
             Convicting
             ,
             to
             the
             next
             Quarter-Sessions
             ,
             where
             he
             shall
             have
             a
             Tryal
             
               by
               Jury
            
             thereupon
             ,
             and
             undoubtedly
             if
             it
             do
             not
             appear
             to
             the
             said
             Jury
             that
             it
             was
             a
             Seditious
             Meeting
             ,
             they
             ought
             to
             find
             for
             the
             Appealer
             .
          
           
             5.
             
             A
             General
             Warrant
             from
             any
             Justice
             or
             Justices
             to
             Constables
             ,
             to
             inquire
             after
             ,
             Seize
             ,
             &c.
             all
             Conventicles
             in
             their
             Precincts
             ,
             is
             not
             good
             ;
             it
             ought
             to
             particularize
             the
             House
             and
             Place
             ,
             Houses
             and
             Places
             where
             the
             Conventicle
             is
             ,
             or
             Conventicles
             are
             held
             ,
             and
             then
             the
             Constable
             ought
             forthwith
             to
             goe
             ,
             and
             if
             he
             finds
             it
             so
             ,
             to
             suppress
             it
             ;
             but
             otherwise
             the
             Constable
             might
             be
             put
             to
             endless
             Vexation
             in
             hunting
             after
             Meetings
             to
             no
             purpose
             ,
             whereas
             the
             Act
             enjoyns
             him
             no
             such
             trouble
             ;
             and
             if
             you
             go
             once
             and
             find
             no
             Conventicle
             ,
             you
             are
             not
             obliged
             to
             go
             a
             
               second
               time
            
             on
             the
             same
             Warrant
             ,
             but
             ought
             to
             have
             a
             new
             one
             ,
             nor
             is
             the
             Constable
             obliged
             to
             turn
             Informer
             .
          
           
             6.
             
             As
             to
             
               Breaking
               open
            
             Doors
             ,
             you
             see
             the
             Act
             directs
             that
             it
             may
             be
             done
             ,
             first
             only
             in
             an
             House
             where
             't
             is
             Inform'd
             there
             is
             actually
             a
             Conventicle
             as
             aforesaid
             (
             that
             is
             upon
             the
             Oaths
             of
             two
             Persons
             .
             )
             2.
             the
             Constables
             ,
             &c.
             cannot
             do
             this
             without
             first
             there
             be
             a
             
               Demand
               and
               Denial
            
             to
             enter
             :
             3.
             
             Nor
             then
             neither
             without
             a
             Warrant
             from
             the
             
             Justice
             to
             that
             purpose
             .
             If
             a
             Constable
             upon
             a
             light
             vain
             tale
             ,
             without
             two
             persons
             Swearing
             it
             ,
             that
             there
             is
             at
             such
             a
             House
             a
             Meeting
             ,
             and
             without
             Warrant
             shall
             venture
             to
             break
             open
             the
             Doors
             ,
             and
             there
             be
             found
             no
             Conventicle
             ,
             he
             makes
             himself
             liable
             to
             be
             Indicted
             for
             Burglary
             .
          
           
             7.
             
             There
             is
             no
             power
             given
             to
             break
             Doors
             for
             Levying
             the
             Penalties
             ,
             therefore
             let
             the
             Constables
             and
             Officers
             be
             wary
             what
             they
             do
             in
             that
             Case
             .
          
           
             8.
             
             Constables
             would
             do
             well
             to
             know
             and
             assert
             the
             Dignity
             of
             their
             Office
             ,
             they
             are
             not
             to
             run
             up
             and
             down
             like
             Lacquies
             after
             the
             Capricio's
             of
             every
             Justice
             ,
             and
             spend
             the
             Lords
             day
             Prophanely
             in
             hunting
             after
             Meetings
             ;
             if
             the
             Justices
             are
             upon
             sufficient
             Oath
             Inform'd
             of
             a
             Meeting
             ,
             and
             will
             make
             out
             a
             Warrant
             specifying
             where
             it
             is
             ,
             you
             'l
             goe
             ,
             but
             to
             ramble
             about
             with
             them
             from
             this
             place
             to
             that
             ,
             you
             are
             not
             obliged
             ;
             no
             more
             are
             you
             to
             seize
             or
             Imprison
             persons
             on
             the
             verbal
             Command
             of
             any
             Justice
             ,
             unless
             in
             visible
             Breach
             of
             the
             Peace
             ,
             but
             you
             must
             have
             a
             Warrant
             ,
             specifying
             the
             persons
             Name
             and
             Offence
             ,
             before
             you
             can
             lay
             hold
             of
             him
             ,
             or
             else
             you
             may
             repent
             it
             ,
             when
             sued
             another
             day
             for
             false
             Imprisonment
             .
          
           
             9.
             
             Since
             by
             the
             Statute
             of
             the
             29
             of
             
               Car.
               2d.
               Cap.
            
             7.
             
             It
             is
             Enacted
             in
             these
             words
             ,
             
               Provided
               also
               that
               no
               Person
               or
               Persons
               upon
               the
               Lords
               day
               shall
               serve
               or
               Execute
               ,
               or
               cause
               to
               be
               served
               or
               Executed
               ,
               any
               Writ
               ,
               Process
               ,
               Warrant
               ,
               Order
               ,
               Judgment
               or
               Decree
               ,
               (
               except
               in
               cases
               of
               Treason
               ,
               Felony
               ,
               or
               Breach
               of
               the
               Peace
               )
               but
               that
               the
               service
               of
               every
               such
               Writ
               ,
               Process
               ,
               Warrant
               ,
               &c.
               shall
               be
               void
               to
               all
               Intents
               and
               Purposes
               whatsoever
               ;
               and
               the
               Person
               or
               Persons
               so
               Serving
               or
               Executing
               the
               same
               shall
               be
               as
               liable
               to
               the
               suit
               of
               the
               party
               grieved
               ,
               and
               answer
               Damages
               to
               him
               for
               doing
               thereof
               ,
               as
               if
               he
               or
               they
               had
               done
               the
               same
               without
               any
               Writ
               ,
               Process
               ,
               
               Warrant
               ,
               Order
               ,
               Judgment
               ,
               or
               Decree
               at
               all
               .
            
          
           
             It
             will
             concern
             all
             Constables
             and
             Officers
             to
             consider
             with
             what
             safety
             they
             can
             execute
             any
             such
             Warrants
             at
             all
             on
             the
             Lords
             day
             ,
             on
             peaceable
             Meetings
             ,
             it
             being
             evident
             that
             every
             man
             they
             disturb
             by
             Colour
             of
             such
             Warrant
             on
             that
             day
             ,
             has
             by
             this
             Statute
             a
             good
             Action
             against
             them
             :
          
           
             And
             so
             much
             for
             Laws
             against
             Dissenters
             .
          
        
      
       
         
           
             In
             the
             next
             place
             ,
             according
             to
             our
             Promise
             ,
             we
             shall
             here
             add
             an
             
               Abstract
               of
               the
               Laws
            
             against
             Popery
             and
             Papists
             ;
             and
             perhaps
             as
             't
             is
             said
             ,
             where
             there
             are
             
               most
               Laws
            
             there
             are
             
               most
               Offences
            
             ,
             so
             here
             we
             may
             say
             ,
             though
             there
             be
             such
             abundance
             of
             Acts
             ,
             of
             such
             severe
             and
             various
             Penalties
             ,
             yet
             there
             are
             scarce
             any
             sort
             of
             Criminals
             more
             rarely
             brought
             to
             Conviction
             or
             Punishment
             .
          
        
         
           
             THE
             second
             Refusal
             of
             the
             Oath
             of
             Supremacy
             ,
             punisht
             as
             
               High
               Treason
               ,
               5
               Eliz.
            
             1.
             
          
           
             To
             maintain
             or
             Extol
             Authority
             of
             the
             Sea
             of
             Rome
             ,
             the
             second
             time
             ,
             
               High
               Treason
               ,
               5
               Eliz.
            
             1.
             
          
           
             To
             obtain
             or
             put
             in
             Use
             any
             Bull
             from
             
               Rome
               ,
               High
               Treason
               ,
               13
               Eliz.
            
             2.
             
          
           
             To
             perswade
             or
             
               Reconcile
               ,
               OR
               TO
               BE
               RECONCILED
            
             to
             the
             Roman
             Religion
             ,
             
               High
               Treason
               ,
               23
               Eliz.
            
             1.
             
             &
             3
             Jac.
             4.
             
          
           
             For
             Jesuite
             or
             Priest
             made
             by
             Authority
             from
             the
             Pope
             ,
             to
             come
             into
             ,
             or
             remain
             in
             the
             Kings
             Dominions
             ,
             
               High
               Treason
               .
               27
               Eliz.
            
             2.
             
          
           
             So
             for
             remaining
             in
             a
             Seminary
             six
             Months
             after
             
             Proclamation
             ,
             and
             afterward
             Returning
             ,
             
               High
               Treason
               ,
               27
               Eliz.
            
             2.
             
          
           
             For
             Concealing
             of
             a
             Bull
             or
             other
             Instrument
             from
             Rome
             ,
             or
             reconciliation
             offer'd
             ,
             Punisht
             as
             
               Misprision
               of
               Treason
               ,
               13
               Eliz.
            
             2.
             
          
           
             To
             maintain
             or
             conceal
             those
             who
             perswade
             ,
             or
             are
             Reconciled
             to
             the
             Roman
             Religion
             ,
             
               Misprision
               of
               Treason
               ,
               23
               Eliz.
            
             1.
             
          
           
             To
             Receive
             ,
             Relieve
             ,
             Comfort
             Jesuit
             or
             Priest
             ,
             knowing
             him
             to
             be
             such
             ,
             Punisht
             as
             
               Felony
               ,
               27
               Eliz.
            
             2.
             
          
           
             To
             go
             and
             serve
             a
             Foreign
             Prince
             ,
             having
             not
             before
             taken
             the
             Oath
             of
             Allegiance
             ,
             and
             entred
             Bond
             
               not
               to
               be
               Reconciled
            
             to
             the
             Roman
             Religion
             ,
             
               Felony
               ,
               3
               Jac.
            
             4.
             
          
           
             The
             first
             Refusal
             of
             the
             Oath
             of
             Supremacy
             ,
             is
             Punisht
             as
             in
             Case
             of
             a
             Premunire
             ,
             which
             imports
             a
             forfeiture
             of
             all
             Lands
             and
             Goods
             ,
             Imprisonment
             for
             Life
             ,
             and
             a
             Deprivement
             of
             the
             Benefit
             of
             Law
             ,
             5
             Eliz.
             1.
             
          
           
             To
             set
             forth
             or
             defend
             Power
             Spiritual
             in
             the
             Sea
             of
             
               Rome
               ,
               Premunire
               ,
               5
               Eliz.
            
             1.
             
          
           
             To
             Bring
             or
             Receive
             any
             
               Agnus
               Dei
            
             ,
             Crosses
             ,
             Pictures
             ,
             or
             such
             like
             from
             
               Rome
               ,
               Premunire
               ,
               13
               Eliz.
               2.
               23
               
               Eliz.
            
             1.
             
          
           
             To
             aid
             any
             Person
             who
             hath
             put
             in
             Use
             any
             Bull
             from
             the
             Sea
             of
             
               Rome
               ,
               Premunire
               ,
               13
               Eliz.
               2.
               23
               
               Eliz.
            
             1.
             
          
           
             To
             send
             or
             give
             Relief
             to
             any
             continuing
             in
             Colledges
             or
             Seminaries
             beyond
             Sea
             ,
             
               Premunire
               ,
               27
               Eliz.
            
             2.
             
          
           
             Refusal
             of
             the
             
               Oath
               of
               Allegiance
            
             upon
             the
             second
             Tender
             ,
             
               Premunire
               ,
               3
               Jac.
            
             4.
             
             &
             7
             Jac.
             6.
             
          
           
             For
             
               not
               Discovering
            
             of
             Priests
             made
             beyond
             the
             Seas
             ,
             
               Imprisonment
               ,
               27
               Eliz.
            
             2.
             
          
           
             Upon
             Indictment
             of
             Recusancy
             by
             Proclamation
             ,
             
               Imprisonment
               ,
               29
               Eliz.
            
             6.
             
          
           
             Those
             that
             are
             not
             able
             ,
             or
             fail
             to
             pay
             their
             
             Forfeitures
             ,
             are
             to
             be
             Imprisoned
             until
             Payment
             ,
             or
             Conformity
             ,
             23
             Eliz.
             1.
             
          
           
             Women
             Covert
             Imprisoned
             for
             Refusal
             of
             the
             Oath
             of
             Allegiance
             ,
             3
             Jac.
             4.
             
          
           
             For
             non-Payment
             of
             twelve
             pence
             for
             every
             Sunday
             ,
             
               Imprisonment
               ,
               3
               Jac.
            
             4.
             
          
           
             Women
             Covert
             Convicted
             for
             Recusancy
             ,
             Imprisoned
             till
             her
             Husband
             pay
             ten
             Pounds
             a
             Month
             ,
             or
             a
             third
             part
             of
             his
             Lands
             ,
             7
             Jac.
             6.
             
          
           
             Standing
             Excommunicated
             for
             Recusancy
             ,
             House
             may
             be
             broken
             up
             for
             his
             Apprehension
             ,
             7
             Jac.
             6.
             
          
           
             Those
             who
             shall
             forbear
             to
             come
             to
             Church
             by
             the
             space
             of
             twelve
             Months
             ,
             bound
             to
             good
             Behaviour
             ,
             with
             Surety
             in
             the
             
               Kings-Bench
               ,
               23
               Eliz.
            
             1.
             
          
           
             Every
             Recusant
             is
             Confin'd
             to
             five
             Miles
             Compass
             for
             Life
             ,
             23
             Eliz.
             2.
             
             To
             ten
             Miles
             distant
             from
             
               London
               ,
               3
               Jac.
            
             5.
             
          
           
             Not
             to
             come
             into
             
               the
               House
            
             where
             the
             King
             or
             his
             Heir
             Apparent
             is
             ,
             3
             Jac.
             5.
             
          
           
             For
             absence
             from
             Church-Service
             every
             Sunday
             twelve
             pence
             forfeited
             ,
             1
             Eliz.
             2.
             
          
           
             And
             for
             every
             Holiday
             twelve
             pence
             forfeited
             ,
             3
             Jac.
             4.
             
          
           
             For
             absence
             from
             Common
             prayer
             ,
             every
             Month
             ,
             
               twenty
               Pounds
            
             forfeited
             ,
             23
             
               Eliz.
               1.
               3
               
               Jac.
            
             4.
             
          
           
             For
             default
             of
             payment
             of
             twenty
             Pounds
             a
             Month
             ,
             all
             Goods
             ,
             two
             parts
             of
             Land
             ,
             and
             Leases
             forfeited
             ,
             29
             Eliz.
             6.
             
             &
             3
             Jac.
             4.
             
          
           
             At
             the
             Kings
             Election
             to
             take
             or
             refuse
             twenty
             Pounds
             a
             Month
             ,
             or
             to
             take
             two
             parts
             of
             the
             Recusants
             Estate
             ,
             3
             Jac.
             4.
             
          
           
             All
             Copy-hold
             Lands
             of
             Recusants
             forfeited
             ,
             25
             Eliz.
             2.
             
          
           
             The
             Forfeitures
             of
             the
             Ancestor
             charged
             upon
             his
             Heir
             being
             a
             Recusant
             ,
             1
             Jac.
             4.
             
          
           
             A
             Recusant
             forfeits
             for
             not
             Receiving
             the
             Sacrament
             according
             to
             the
             Service
             Book
             ,
             the
             first
             year
             twenty
             Pounds
             ,
             the
             second
             year
             forty
             Pounds
             ,
             
             the
             third
             year
             and
             every
             year
             after
             sixty
             Pounds
             ,
             3
             Jac.
             4.
             
          
           
             To
             the
             Presenter
             out
             of
             the
             Recusants
             Goods
             forty
             Shillings
             forfeited
             ,
             3
             Jac.
             4.
             
          
           
             For
             every
             Recusant
             sojourner
             and
             Servant
             ,
             ten
             Pounds
             for
             every
             Month
             forfeited
             ,
             3
             Jac.
             4.
             
          
           
             Two
             parts
             of
             Dower
             or
             Joynture
             of
             a
             Married
             ▪
             Woman
             forfeited
             ,
             3
             Jac.
             5.
             
          
           
             Coming
             to
             Court
             ,
             an
             hundred
             Pounds
             forfeited
             ,
             3
             Jac.
             5.
             
          
           
             For
             not
             Baptizing
             of
             Children
             according
             to
             the
             Service-Book
             publickly
             within
             a
             Month
             after
             their
             Birth
             ,
             an
             hundred
             Pound
             forfeited
             ,
             3
             Jac.
             5.
             
          
           
             For
             Marrying
             otherwise
             than
             by
             a
             Minister
             ,
             an
             hundred
             Pounds
             forfeited
             ,
             3
             Jac.
             5.
             
          
           
             For
             Burying
             out
             of
             the
             Church
             or
             Church-yard
             an
             hundred
             Pounds
             forfeited
             ,
             3
             Jac.
             5.
             
          
           
             For
             sending
             Children
             beyond
             Seas
             without
             License
             ,
             an
             hundred
             Pounds
             forfeited
             ,
             1
             Jac.
             4.
             
          
           
             For
             maintaining
             a
             School-master
             not
             going
             to
             Church
             ,
             or
             allowed
             to
             teach
             ,
             for
             every
             Month
             ten
             Pounds
             forfeited
             ,
             23
             Eliz.
             1.
             
             &
             29
             Eliz.
             6.
             
          
           
             And
             forty
             Shillings
             
               per
               Diem
            
             forfeited
             by
             the
             School-master
             and
             Recusant
             that
             keeps
             him
             ,
             1
             Jac.
             4.
             
          
           
             All
             Goods
             and
             Lands
             during
             Life
             ,
             for
             Breach
             of
             Confinement
             forfeited
             ;
             23
             Eliz.
             2.
             
             &
             3
             Jac.
             5.
             
          
           
             The
             like
             forfeiture
             for
             going
             or
             sending
             Children
             beyond
             the
             Seas
             to
             be
             Bred
             in
             Popery
             ,
             3
             Car.
             2.
             
          
           
             For
             Residing
             within
             ten
             Miles
             of
             London
             ,
             an
             hundred
             Pounds
             forfeited
             ,
             3
             Jac.
             5.
             
          
           
             For
             Practising
             any
             Function
             expressed
             in
             the
             Statute
             of
             3
             Jac.
             5
             an
             hundred
             Pounds
             forfeited
             ,
             3
             Jac.
             5.
             
          
           
             Disabled
             to
             Reverse
             Indictment
             for
             want
             of
             Form
             or
             other
             Defect
             ,
             3
             Jac.
             4.
             
          
           
             Disabled
             from
             the
             Practise
             of
             several
             Functions
             ,
             whereby
             to
             gain
             their
             Livings
             ,
             viz.
             from
             practising
             
             Common
             Law
             ,
             Civil
             Law
             ,
             or
             being
             a
             Steward
             ,
             Attorney
             ,
             Solicitor
             or
             Officer
             in
             any
             Court
             ;
             from
             Practising
             Physick
             ,
             or
             being
             Apothecary
             ,
             and
             from
             Bearing
             any
             Office
             in
             Camp
             ,
             Troop
             or
             Band
             of
             Soldiers
             ,
             or
             in
             any
             Ship
             ,
             Castle
             or
             Fortress
             ,
             
               &c.
               
               3
               Jac.
            
             5.
             
          
           
             By
             the
             Wifes
             Recusancy
             ,
             the
             Husband
             Disabled
             from
             Publick
             Office
             or
             Charge
             in
             the
             Common-Wealth
             ,
             3
             Jac.
             5.
             
          
           
             By
             Marrying
             otherwise
             than
             the
             Church
             of
             England
             alloweth
             ,
             the
             Husband
             disabled
             to
             be
             
               Tenant
               by
               Courtesie
            
             ,
             the
             Wife
             disabled
             to
             have
             
               Dower
               ,
               Jointure
               ,
               Free
               Banks
               ,
            
             or
             any
             part
             or
             Portion
             of
             her
             Husbands
             Goods
             ,
             3
             Jac.
             5.
             
          
           
             Disabled
             to
             Sue
             or
             Prosecute
             Actions
             ,
             to
             present
             to
             a
             Benefice
             ,
             to
             be
             Executor
             ,
             Administrator
             ,
             or
             Guardian
             ,
             3
             Jac
             5.
             
          
           
             Children
             sent
             beyond
             the
             Seas
             without
             License
             ,
             are
             disabled
             to
             take
             Benefit
             of
             Gift
             ,
             Conveyance
             ,
             Descent
             or
             Devise
             ,
             1
             Jac.
             4.
             
             &
             3
             Jac.
             5.
             
          
           
             Notwithstanding
             these
             Forfeitures
             ,
             Recusants
             are
             no
             less
             Subject
             to
             Ecclesiastical
             Sentences
             ,
             23
             Eliz.
             1.
             
             &
             3
             Jac.
             45.
             
             [
             But
             Quaere
             ,
             Whether
             one
             Papist
             was
             
               quâ
               Talis
            
             ,
             ever
             Excommunicated
             since
             the
             Kings
             happy
             Restauration
             ,
             though
             many
             thousand
             .
             Protestants
             have
             been
             :
             ]
             Refusal
             to
             Receive
             the
             Sacrament
             ,
             and
             take
             the
             Oaths
             of
             Supremacy
             and
             Allegiance
             ,
             
               Ipso
               facto
            
             disables
             from
             any
             publick
             Trust
             ,
             25
             Car.
             2.
             ca.
             2.
             
          
           
             Peers
             and
             Members
             of
             Parliament
             disabled
             to
             Sit
             ,
             untill
             taking
             of
             Oaths
             of
             Allegiance
             and
             Supremacy
             ,
             and
             declaring
             against
             Transubstantiation
             and
             the
             Idolatry
             of
             
               Rome
               ,
               30
               Car.
            
             2.
             
             Stat.
             2.
             
          
           
             Having
             thus
             Collected
             together
             divers
             of
             the
             most
             remarkable
             and
             advantagious
             of
             our
             Laws
             ,
             whereby
             the
             Liberties
             of
             English-men
             are
             Guarded
             and
             Secured
             ;
             since
             the
             best
             of
             Laws
             are
             but
             insignificant
             
             Cyphers
             ,
             if
             not
             Honestly
             put
             in
             Execution
             ;
             and
             since
             in
             the
             Execution
             of
             our
             Laws
             JVRIES
             are
             mainly
             concern'd
             ,
             who
             if
             Ignorant
             of
             their
             Duty
             ,
             or
             Corrupt
             ,
             or
             Over-awed
             ,
             and
             not
             daring
             to
             make
             use
             of
             that
             just
             power
             ,
             wherewith
             the
             Law
             hath
             invested
             and
             intrusted
             them
             ,
             may
             give
             up
             all
             those
             
               precious
               Priviledges
            
             ,
             and
             subject
             us
             to
             the
             worst
             kind
             of
             slavery
             ,
             under
             pretence
             of
             Law
             :
             therefore
             here
             in
             the
             
               last
               place
            
             ,
             for
             the
             Information
             of
             my
             honest
             Country-men
             ,
             the
             Freeholders
             of
             England
             ,
             and
             others
             who
             in
             Corporations
             are
             daily
             call'd
             to
             this
             important
             Service
             ,
             I
             shall
             subjoin
             a
             brief
             discourse
             of
             Juries
             .
          
        
         
           
             
               SECT
               .
               I.
               
            
             
               Of
               the
               Advantages
               Englishmen
               enjoy
               by
               this
               Trial
               by
               Juries
               ,
               above
               any
               other
               Nation
               under
               Heaven
               .
            
             
               'T
               IS
               one
               of
               the
               
                 miserable
                 Follies
              
               of
               depraved
               humane
               Nature
               ,
               that
               it
               commonly
               sleights
               present
               Enjoyments
               ,
               and
               rarely
               rates
               the
               good
               things
               it
               possesses
               at
               their
               true
               value
               ,
               till
               't
               is
               deprived
               of
               them
               .
               This
               grand
               Priviledge
               of
               
                 Trials
                 per
                 pais
              
               ,
               by
               our
               Countrey
               ,
               that
               is
               by
               JVRIES
               ,
               as
               it
               seems
               to
               have
               been
               as
               Ancient
               as
               the
               Government
               or
               first
               form
               of
               Policy
               in
               this
               Island
               ;
               for
               it
               was
               not
               unknown
               to
               the
               ancient
               Brittains
               (
               as
               appears
               by
               their
               Books
               and
               Monuments
               of
               Antiquity
               )
               Practised
               by
               the
               Saxons
               ,
               [
               see
               King
               Ethelreds
               Laws
               in
               Lambert
               ,
               p.
               218.
               and
               Coke
               1.
               part
               Instit
               .
               fo
               .
               155.
               ]
               and
               Confirmed
               since
               the
               Invasion
               of
               the
               Normans
               by
               
                 Magna
                 Charta
              
               as
               you
               have
               heard
               ,
               and
               continual
               Usage
               ;
               so
               it
               is
               a
               thing
               of
               the
               
                 highest
                 Moment
              
               and
               an
               essential
               Felicity
               to
               all
               English
               Subjects
               .
            
             
             
               For
               look
               abroad
               in
               
                 France
                 ,
                 Spain
                 ,
                 Italy
              
               ,
               or
               indeed
               (
               almost
               )
               where
               you
               will
               ,
               and
               observe
               the
               miserable
               Condition
               of
               the
               Inhabitants
               ,
               either
               intirely
               subjected
               to
               the
               Arbitrary
               
                 Lusts
                 of
                 Tyrants
              
               ,
               who
               plunder
               ,
               dismember
               or
               slay
               them
               ,
               according
               as
               the
               humour
               takes
               them
               ,
               and
               many
               times
               without
               the
               least
               provocation
               ,
               meerly
               for
               sport
               ,
               and
               to
               Gratifie
               a
               
                 savage
                 Cruelty
              
               :
               Or
               at
               best
               ,
               you
               will
               behold
               them
               under
               such
               Laws
               as
               render
               their
               
                 Lives
                 ,
                 Liberties
              
               and
               Estates
               liable
               to
               be
               disposed
               of
               at
               the
               discretion
               of
               Strangers
               appointed
               their
               Judges
               ,
               most
               times
               mercenary
               ,
               and
               Creatures
               of
               Prerogative
               ;
               sometimes
               malicious
               and
               oppressive
               ,
               and
               too
               often
               partial
               and
               corrupt
               .
               Or
               suppose
               them
               never
               so
               just
               and
               upright
               ,
               yet
               still
               has
               the
               Subject
               no
               security
               against
               subornations
               and
               the
               attacques
               of
               malicious
               ,
               false
               and
               unconscionable
               Witnesses
               ;
               yea
               when
               there
               is
               no
               
                 sufficient
                 Evidence
              
               ,
               upon
               meer
               suspicions
               they
               are
               obnoxious
               to
               the
               Tortures
               of
               the
               Rack
               ,
               which
               often
               make
               an
               Innocent
               man
               Confess
               himself
               Guilty
               meerly
               to
               get
               out
               of
               present
               pain
               :
               Or
               if
               he
               do
               with
               invincible
               Courage
               endure
               the
               Question
               (
               as
               they
               call
               those
               Torments
               )
               he
               is
               many
               times
               so
               spoiled
               in
               his
               Limbs
               as
               he
               scarce
               ever
               is
               his
               own
               man
               again
               .
            
             
               Whereas
               such
               has
               been
               the
               goodness
               of
               God
               ,
               and
               the
               prudent
               care
               of
               our
               Ancestors
               ,
               that
               to
               our
               inestimable
               Happiness
               ,
               we
               are
               born
               and
               live
               under
               a
               mild
               and
               Righteous
               Constitution
               ,
               where
               all
               these
               mischiefs
               may
               be
               prevented
               ,
               where
               none
               can
               be
               Legally
               condemned
               ,
               either
               by
               the
               power
               of
               Superior
               Enemies
               ,
               or
               the
               rashness
               or
               
                 Ill
                 will
              
               of
               any
               Judge
               ,
               nor
               by
               the
               bold
               Affirmations
               of
               
                 profligate
                 Evidence
              
               :
               For
               by
               a
               fundamental
               Law
               in
               our
               Government
               ,
               No
               mans
               Life
               (
               unless
               it
               be
               in
               Parliaement
               ,
               which
               is
               a
               Supream
               Court
               ,
               and
               't
               is
               supposed
               will
               never
               do
               any
               man
               wrong
               )
               shall
               be
               touched
               for
               any
               Crime
               whatsoever
               ,
               but
               upon
               being
               
               found
               Guilty
               on
               two
               several
               Trials
               (
               for
               so
               may
               that
               of
               the
               Grand
               and
               Petty
               Jury
               be
               called
               )
               and
               the
               Judgment
               of
               twice
               Twelve
               men
               at
               least
               ,
               all
               of
               his
               own
               Condition
               and
               Neighbourhood
               ,
               and
               upon
               their
               Oaths
               ,
               
                 [
                 Coke
                 3.
                 part
                 of
                 Instit
                 .
              
               p.
               40.
               ]
               That
               is
               to
               say
               ,
               Twelve
               or
               more
               to
               find
               the
               Bill
               of
               Indictment
               against
               him
               ,
               and
               Twelve
               others
               to
               give
               Judgment
               upon
               the
               General
               Issue
               of
               
                 Not
                 Guilty
              
               :
               All
               which
               Jurors
               must
               be
               honest
               ,
               substantial
               ,
               Impartial
               men
               ,
               and
               being
               Neighbours
               of
               the
               party
               accused
               ,
               or
               place
               where
               the
               supposed
               Fact
               was
               committed
               ,
               cannot
               be
               presumed
               to
               be
               unacquainted
               either
               with
               the
               matters
               charged
               ,
               the
               Prisoners
               course
               of
               Life
               ,
               or
               the
               Credit
               of
               the
               Evidence
               :
               And
               all
               these
               must
               first
               be
               fully
               satisfied
               in
               their
               Consciences
               ,
               that
               he
               is
               Guilty
               ,
               and
               so
               unanimously
               pronounce
               him
               upon
               their
               Oaths
               ,
               or
               else
               he
               cannot
               be
               condemned
               .
               For
               the
               Office
               and
               Power
               of
               these
               Juries
               is
               Judicial
               :
               They
               only
               are
               the
               Judges
               ,
               from
               whose
               sentence
               the
               Indicted
               are
               to
               expect
               Life
               or
               Death
               ;
               upon
               their
               Integrity
               and
               Understanding
               ,
               the
               Lives
               of
               all
               that
               are
               brought
               into
               Judgment
               do
               ultimately
               depend
               ;
               From
               their
               Verdict
               there
               lies
               no
               Appeal
               :
               By
               finding
               Guilty
               or
               Not
               Guilty
               ,
               they
               do
               complicately
               resolve
               both
               Law
               and
               Fact.
               
            
             
               Judges
               are
               made
               by
               Prerogative
               ,
               and
               many
               times
               heretofore
               they
               have
               been
               preferred
               by
               
                 Corrupt
                 Ministers
              
               of
               State
               ,
               and
               may
               be
               so
               again
               in
               Time
               to
               come
               ;
               and
               such
               advanced
               as
               would
               serve
               a
               present
               Turn
               ,
               not
               always
               those
               of
               the
               most
               Integrity
               and
               Skill
               in
               the
               Laws
               :
               Their
               places
               are
               so
               Honourable
               and
               Profitable
               ,
               and
               their
               Tenure
               so
               Ticklish
               ,
               viz.
               
                 durante
                 beneplacito
              
               ,
               meerly
               during
               pleasure
               ,
               that
               they
               lie
               under
               no
               small
               Temptations
               ,
               which
               perhaps
               with
               some
               may
               be
               never
               the
               less
               unlikely
               to
               prevail
               ,
               for
               their
               having
               generally
               been
               wont
               before
               to
               take
               Fees
               ;
               They
               are
               concern'd
               
               in
               so
               many
               Causes
               ,
               that
               they
               are
               the
               oftner
               subject
               to
               be
               tempted
               ,
               and
               are
               so
               few
               that
               they
               may
               be
               the
               easier
               corrupted
               :
               They
               cannot
               be
               Challenged
               ,
               and
               may
               be
               apt
               to
               think
               themselves
               above
               any
               Action
               ,
               and
               thence
               be
               encouraged
               to
               strain
               a
               point
               now
               and
               then
               .
               The
               major
               part
               of
               them
               agreeing
               ,
               is
               enough
               :
               they
               are
               never
               sworn
               at
               each
               particular
               Trial
               ,
               nor
               ever
               at
               all
               but
               once
               ,
               and
               that
               exceeding
               generally
               :
               I
               say
               all
               these
               things
               may
               possibly
               sometimes
               happen
               to
               Biass
               some
               Judges
               (
               for
               I
               intend
               not
               the
               least
               Reflection
               hereby
               on
               any
               of
               those
               
                 Honourable
                 Persons
              
               who
               at
               present
               deservedly
               supply
               our
               seats
               of
               Justice
               .
               )
               But
               nothing
               of
               that
               kind
               can
               reasonably
               happen
               to
               a
               Jury
               .
               For
               ,
               1.
               
               They
               are
               return'd
               by
               a
               sworn
               Officer
               .
               2.
               
               Must
               be
               men
               of
               a
               clear
               Reputation
               ,
               and
               competent
               Estate
               .
               3.
               
               Being
               Neighbours
               ,
               they
               may
               know
               something
               of
               the
               business
               on
               their
               own
               knowledge
               .
               4.
               
               Their
               Office
               is
               but
               a
               trouble
               ,
               not
               accompanyed
               with
               any
               great
               Honour
               ,
               nor
               any
               profit
               at
               all
               .
               5.
               
               They
               are
               all
               solemnly
               sworn
               to
               each
               particular
               Cause
               .
               6.
               
               The
               party
               may
               challenge
               35
               in
               case
               of
               Treason
               and
               20
               of
               them
               in
               Felony
               ,
               without
               shewing
               any
               cause
               ,
               and
               as
               many
               more
               as
               he
               can
               assign
               cause
               against
               .
               7.
               
               Of
               the
               Grand
               Jury
               Twelve
               at
               least
               must
               joyn
               in
               the
               Verdict
               ,
               and
               of
               the
               
                 petty
                 Jury
              
               every
               man
               of
               the
               Twelve
               must
               consent
               upon
               his
               Oath
               ,
               or
               else
               't
               is
               all
               nothing
               .
               And
               lastly
               ,
               if
               they
               give
               a
               corrupt
               Verdict
               between
               Party
               and
               Party
               ,
               they
               are
               liable
               to
               an
               Attaint
               .
               [
               But
               I
               do
               not
               find
               any
               Attaint
               lies
               in
               Criminal
               Causes
               ,
               where
               the
               King
               is
               a
               Party
               .
               ]
            
             
               Now
               let
               any
               man
               of
               Sence
               consider
               ,
               whether
               this
               method
               be
               not
               more
               proper
               for
               bolting
               out
               the
               Truth
               ,
               for
               finding
               out
               the
               Guilty
               ,
               and
               preserving
               the
               Innocent
               ,
               than
               if
               the
               whole
               decision
               were
               left
               to
               the
               Examination
               of
               a
               Judge
               ,
               or
               two
               or
               three
               ,
               whose
               
                 Interests
                 Passion
                 ,
                 Haste
              
               ,
               or
               Multiplicity
               of
               
               business
               may
               easily
               betray
               them
               into
               Error
               .
            
             
               Deservedly
               therefore
               is
               this
               Priviledge
               of
               Tryal
               by
               Juries
               rank'd
               amongst
               the
               choicest
               of
               our
               Fundamental
               Laws
               ,
               which
               whosoever
               shall
               goe
               about
               openly
               to
               Suppress
               ,
               or
               craftily
               to
               Vndermine
               ,
               and
               render
               only
               a
               Formality
               ,
               does
               
                 Ipso
                 Facto
              
               attacque
               the
               Government
               ,
               and
               brings
               in
               an
               Arbitrary
               Power
               ,
               and
               is
               an
               Enemy
               and
               Traitor
               to
               his
               King
               and
               Countrey
               ;
               For
               which
               reason
               
                 English
                 Parliaments
              
               have
               all
               along
               been
               most
               Zealous
               for
               preserving
               this
               great
               Jewel
               of
               Liberty
               ,
               Trials
               by
               Juries
               ,
               having
               no
               less
               than
               58.
               several
               times
               since
               the
               Norman
               Conquest
               been
               established
               and
               Confirmed
               by
               the
               Legislative
               Power
               ,
               no
               one
               Priviledge
               besides
               having
               been
               neer
               so
               often
               remembred
               in
               Parliament
               .
            
          
           
             
               SECT
               .
               II.
               
            
             
               What
               persons
               ought
               to
               be
               Jury-men
               ,
               and
               how
               Qualified
               .
            
             
               AS
               the
               Office
               of
               Juries
               is
               of
               such
               great
               Importance
               ,
               so
               the
               Wisdom
               of
               our
               Law
               has
               provided
               that
               the
               same
               shall
               be
               supplyed
               with
               Persons
               of
               Ability
               ,
               Honesty
               ,
               Integrity
               and
               Indifferency
               :
               for
               (
               as
               my
               Lord
               Cook
               saith
               ,
               1.
               part
               
                 Instit
                 .
                 Sect.
              
               234.
               fo
               .
               155.
               )
               He
               that
               is
               of
               a
               Jury
               must
               be
               
                 Liber
                 Homo
              
               ,
               that
               is
               ,
               not
               only
               a
               
                 Free
                 man
              
               ,
               and
               not
               Bond
               ,
               but
               also
               one
               that
               hath
               such
               
                 Freedome
                 of
                 mind
              
               ,
               as
               he
               stands
               indifferent
               ,
               as
               he
               stands
               unsworn
               .
               2.
               
               He
               must
               be
               Legalis
               ,
               and
               by
               the
               Law
               every
               Juror
               that
               is
               returned
               for
               the
               Trial
               of
               any
               Issue
               or
               Cause
               ,
               ought
               to
               have
               three
               properties
               .
               1.
               
               He
               ought
               to
               be
               dwelling
               most
               near
               to
               the
               place
               where
               the
               Question
               is
               moved
               .
               2.
               
               He
               ought
               to
               be
               most
               
               sufficient
               both
               for
               understanding
               and
               Competency
               of
               Estate
               .
               3.
               
               He
               ought
               to
               be
               
                 least
                 Suspicious
              
               ,
               that
               is
               ,
               to
               be
               indifferent
               as
               he
               stands
               Unsworn
               ,
               and
               then
               he
               is
               acounted
               in
               Law
               ,
               
                 Liber
                 &
                 Legalis
                 homo
              
               ,
               otherwise
               he
               may
               be
               Challenged
               and
               not
               suffered
               to
               be
               Sworn
               ;
               but
               a
               mans
               being
               Excommunicated
               ,
               (
               as
               was
               said
               before
               )
               is
               no
               Barr
               to
               his
               being
               a
               Jury
               man
               ,
               much
               less
               his
               being
               a
               Dissenter
               or
               Non-frequenter
               of
               Church
               Ceremonies
               ,
               if
               he
               be
               otherwise
               qualified
               with
               Estate
               and
               Understanding
               ;
               for
               at
               that
               rate
               ,
               if
               Popery
               should
               ever
               get
               uppermost
               ,
               
                 No
                 Protestant
                 at
                 all
              
               would
               be
               capable
               of
               being
               a
               Jury-Man
               ,
               because
               a
               
                 Non-Conformist
                 to
                 Holy
                 Church
              
               .
               Now
               if
               no
               Statute
               excludes
               Protestants
               unconvicted
               of
               any
               Crime
               ,
               or
               Dissenters
               
                 (
                 quâ
                 tales
              
               )
               to
               serve
               on
               Juries
               ,
               I
               should
               think
               we
               ought
               to
               wait
               at
               least
               till
               an
               Act
               of
               Parliament
               be
               made
               to
               that
               purpose
               ,
               before
               we
               deny
               them
               
                 Liberam
                 Legem
              
               ;
               and
               to
               Act
               otherwise
               ,
               in
               my
               silly
               Opinion
               seems
               not
               only
               unwarrantable
               ,
               but
               a
               daring
               Usurpation
               of
               Legislative
               Power
               :
               In
               a
               word
               ,
               Jurors
               must
               be
               free
               of
               and
               from
               all
               manner
               of
               Bondage
               ,
               Obligations
               ,
               Affections
               ,
               Relations
               and
               Prejudices
               ;
               they
               must
               be
               the
               Peers
               or
               Equals
               of
               the
               party
               they
               are
               to
               Try
               ;
               they
               must
               be
               of
               full
               Age
               ,
               21
               Years
               old
               or
               upwards
               ,
               not
               Outlaw'd
               ,
               never
               Attainted
               or
               Convicted
               of
               Treason
               ,
               Felony
               ,
               False
               Verdict
               ,
               Perjury
               ,
               or
               adjudged
               Infamous
               ;
               they
               were
               anciently
               
                 all
                 Knights
              
               ,
               as
               we
               read
               in
               Glanvil
               and
               Bracton
               ,
               and
               they
               must
               still
               be
               persons
               of
               worth
               and
               repute
               ;
               and
               as
               they
               are
               returned
               by
               a
               Sworn
               Officer
               ,
               the
               Sheriff
               ,
               so
               they
               of
               the
               petty
               Jury
               must
               be
               every
               one
               Sworn
               every
               several
               Trial
               by
               a
               particular
               Oath
               ,
               the
               more
               to
               remind
               them
               of
               their
               Duty
               .
               Nay
               ,
               it
               should
               seem
               in
               ancient
               times
               ,
               thō
               the
               Office
               and
               Duty
               were
               still
               the
               same
               as
               at
               this
               day
               ,
               yet
               their
               Honour
               and
               Dignity
               were
               much
               greater
               .
               
                 The
                 Mirrour
                 of
                 Justices
              
               ,
               (
               a
               great
               part
               of
               which
               was
               Written
               
               before
               the
               Conquest
               ,
               and
               augmented
               by
               
                 Andrew
                 Horn
              
               ,
               a
               Learned
               Lawyer
               in
               the
               time
               of
               King
               Edw.
               the
               
                 2d
                 .
              
               )
               p.
               209.
               [
               in
               the
               French
               ,
               and
               153.
               in
               the
               English
               ]
               makes
               no
               scruple
               to
               call
               them
               
                 JVDGES
                 ,
                 Judges
                 Ordinaries
                 sunt
                 Suitors
              
               ;
               and
               Dr.
               Cowel
               in
               his
               Interpreter
               ,
               tells
               us
               ,
               Juries
               were
               [
               anciently
               ]
               
                 Associates
                 and
                 Assistants
                 to
                 the
                 Judges
                 of
                 the
                 Court
                 in
                 a
                 kind
                 of
                 Equality
                 ,
                 whereas
                 now
                 a
                 dayes
                 they
                 attend
                 them
                 in
                 great
                 Humility
                 :
              
               And
               cites
               the
               Customary
               of
               Normandy
               ,
               and
               Lambert
               ,
               as
               being
               of
               the
               same
               Sentiment
               .
               Nay
               ,
               many
               Wise
               and
               Learned
               men
               have
               wondred
               ,
               that
               since
               the
               Law
               has
               conferr'd
               such
               ample
               power
               on
               Jury-men
               ,
               why
               they
               should
               have
               no
               kind
               of
               
                 mark
                 of
                 Honour
              
               or
               Distinction
               ,
               as
               liberty
               to
               Sit
               with
               their
               
                 Hats
                 on
              
               ,
               from
               the
               time
               they
               are
               Sworn
               to
               the
               Delivery
               of
               their
               Verdict
               ,
               or
               the
               like
               ;
               For
               as
               the
               Custom
               is
               now
               a
               dayes
               ,
               they
               sitting
               amongst
               the
               Croud
               with
               their
               
                 Caps
                 off
              
               ,
               as
               well
               as
               the
               worst
               Malefactors
               they
               are
               to
               Trye
               ,
               't
               is
               not
               easie
               knowing
               them
               from
               the
               rest
               of
               the
               Spectators
               .
               But
               this
               Obiter
               ,
               I
               desire
               not
               to
               bring
               in
               Innovations
               ,
               but
               only
               that
               English
               men
               may
               preserve
               their
               ancient
               undoubted
               Priviledges
               ,
               to
               which
               purpose
               it
               will
               concern
               all
               that
               are
               liable
               to
               be
               Summoned
               to
               serve
               on
               Juries
               ,
               heedfully
               to
               Inform
               themselves
               of
               their
               
                 Duty
                 and
                 Office
              
               by
               Law
               ,
               that
               so
               they
               may
               uprightly
               discharge
               the
               same
               to
               God
               and
               the
               King
               ,
               and
               their
               fellow
               Subjects
               .
            
          
           
             
             
               SECT
               .
               III.
               
            
             
               Of
               Grand
               Juries
               ,
               their
               Duty
               ,
               and
               the
               great
               Importance
               of
               their
               Office.
               
            
             
               JUries
               are
               of
               two
               sorts
               .
               1
               ,
               The
               Grand
               Jury
               so
               called
               ,
               both
               because
               it
               consists
               of
               a
               greater
               number
               than
               Twelve
               ,
               as
               commonly
               21
               ,
               19
               ,
               17.
               or
               the
               like
               ,
               [
               but
               note
               they
               can
               make
               no
               Verdict
               
               or
               Presentment
               ,
               unless
               
                 Twelve
                 at
                 least
                 of
                 them
                 agree
                 ,
              
               and
               then
               what
               they
               do
               ,
               is
               Valid
               ,
               thô
               the
               rest
               do
               not
               Consent
               ;
               ]
               as
               also
               because
               generally
               they
               are
               of
               the
               greater
               quality
               ,
               and
               likewise
               in
               respect
               of
               their
               Power
               ,
               because
               the
               extent
               of
               their
               Office
               is
               more
               great
               and
               general
               ,
               as
               extending
               to
               all
               Offences
               throughout
               the
               whole
               County
               for
               which
               they
               serve
               .
               2.
               
               The
               
                 Petty
                 Jury
              
               (
               in
               Cases
               Criminal
               ,
               called
               commonly
               the
               Jury
               
                 of
                 Life
                 and
                 Death
              
               )
               which
               alwaies
               consists
               of
               Twelve
               men
               ,
               neither
               more
               nor
               less
               ,
               who
               must
               every
               Man
               agree
               ,
               or
               else
               it
               is
               no
               Verdict
               .
            
             
               
                 
                   
                     
                       The
                       Oath
                       of
                       a
                       Grand
                       Jury-man
                       ,
                       as
                       I
                       find
                       it
                       Inserted
                       in
                       the
                       Collection
                       ,
                       Intituled
                       
                         The
                         Book
                         of
                         Oaths
                      
                       ,
                       p.
                       206.
                       is
                       as
                       follows
                       .
                    
                     
                       YE
                       shall
                       truly
                       inquire
                       and
                       due
                       presentment
                       make
                       of
                       all
                       such
                       things
                       as
                       you
                       are
                       charged
                       withall
                       on
                       the
                       Kings
                       behalf
                       :
                       The
                       Kings
                       Council
                       ,
                       your
                       own
                       ,
                       and
                       your
                       Fellows
                       ,
                       you
                       shall
                       well
                       and
                       truely
                       keep
                       ,
                       and
                       in
                       all
                       other
                       things
                       the
                       Truth
                       present
                       :
                       So
                       help
                       you
                       God
                       ,
                       and
                       by
                       the
                       Contents
                       of
                       this
                       Book
                       .
                    
                  
                
              
            
             
             
               But
               according
               to
               modern
               practice
               ,
               and
               as
               we
               find
               it
               Published
               in
               the
               account
               of
               the
               late
               Proceedings
               against
               the
               Right
               Honourable
               the
               Earl
               of
               Shaftsbury
               ,
               said
               to
               be
               Publisht
               by
               his
               Majesties
               special
               Command
               ,
               is
               expressed
               somewhat
               more
               largely
               .
            
             
               
                 
                   
                     
                       The
                       Oath
                       Administred
                       to
                       the
                       Grand
                       Jury
                       ,
                       as
                       follows
                       .
                    
                     
                       
                         YOU
                         shall
                         diligently
                         Inquire
                         and
                         true
                         Presentment
                         make
                         of
                         all
                         such
                         matters
                         ,
                         Articles
                         ;
                         and
                         things
                         as
                         shall
                         be
                         given
                         you
                         in
                         charge
                         ,
                         as
                         of
                         all
                         other
                         matters
                         and
                         things
                         as
                         shall
                         come
                         to
                         your
                         knowledge
                         touching
                         this
                         present
                         Service
                         ,
                         the
                         Kings
                         Council
                         ,
                         your
                         Fellows
                         and
                         your
                         own
                         ,
                         you
                         shall
                         keep
                         secret
                         ;
                         you
                         shall
                         present
                         no
                         person
                         for
                         Hatred
                         or
                         Malice
                         ,
                         neither
                         shall
                         you
                         leave
                         any
                         one
                         unpresented
                         for
                         Fear
                         ,
                         Favour
                         or
                         Affection
                         ,
                         for
                         Lucre
                         or
                         Gain
                         ,
                         or
                         any
                         hopes
                         thereof
                         ,
                         but
                         in
                         all
                         things
                         you
                         shall
                         present
                         the
                         truth
                         ,
                         the
                         whole
                         Truth
                         ,
                         and
                         nothing
                         but
                         the
                         Truth
                         ,
                         to
                         the
                         best
                         of
                         your
                         knowledge
                         .
                         So
                         help
                         you
                         God.
                         
                      
                    
                  
                
              
            
             
               The
               Office
               of
               a
               Grand
               Jury
               ,
               or
               
                 Grand
                 Inquest
              
               ,
               (
               for
               by
               both
               those
               Names
               't
               is
               promiscuously
               call'd
               )
               is
               principally
               concern'd
               in
               two
               things
               ,
               Presentments
               and
               Indictments
               ,
               the
               difference
               of
               which
               is
               thus
               :
               The
               First
               is
               when
               the
               Jury
               themselves
               of
               their
               
                 own
                 knowledge
              
               or
               Inquiry
               do
               take
               notice
               of
               some
               Crime
               ,
               Offence
               or
               Nusance
               ,
               to
               the
               injury
               of
               the
               Publick
               ,
               which
               they
               think
               fit
               should
               be
               Punished
               or
               removed
               ;
               and
               in
               Order
               thereunto
               do
               give
               the
               Court
               notice
               thereof
               in
               Writing
               briefly
               and
               without
               Form
               ,
               onely
               the
               Nature
               of
               the
               thing
               ,
               and
               the
               Persons
               Name
               ,
               and
               the
               Place
               .
               And
               this
               is
               call'd
               a
               Presentment
               ,
               being
               the
               matter
               whereon
               to
               form
               an
               Indictment
               ,
               from
               which
               the
               Presentment
               differs
               
               in
               these
               two
               respects
               .
               1.
               
               In
               that
               is
               always
               Originally
               the
               Act
               of
               the
               Grand
               Jury
               .
               And
               ,
               2.
               
               That
               is
               not
               yet
               drawn
               up
               
                 in
                 Form
              
               ;
               whereas
               Indictments
               are
               commonly
               drawn
               up
               either
               by
               the
               Order
               of
               the
               Court
               ,
               or
               at
               the
               Instance
               of
               some
               Prosecutor
               ,
               and
               are
               brought
               before
               ,
               and
               delivered
               unto
               the
               Grand
               Jury
               ,
               and
               the
               Witnesses
               Sworn
               attend
               them
               ,
               who
               Examine
               the
               said
               Witnesses
               ,
               and
               as
               they
               think
               fit
               ,
               Return
               the
               Indictments
               indors'd
               either
               
                 Billa
                 Vera
              
               ,
               [
               that
               is
               a
               true
               Bill
               ,
               ]
               or
               
                 Ignoramus
                 ,
                 [
                 We
                 are
                 Ignorant
                 ]
              
               that
               is
               ,
               we
               do
               not
               find
               the
               matter
               ,
               or
               there
               does
               not
               appear
               to
               us
               such
               sufficient
               Grounds
               for
               the
               Accusation
               ,
               that
               the
               Persons
               Life
               and
               Reputation
               should
               be
               brought
               into
               question
               .
            
             
               From
               whence
               it
               appears
               that
               the
               end
               of
               their
               Office
               is
               likewise
               two-fold
               .
               1.
               
               To
               inquire
               after
               ,
               and
               give
               notice
               of
               all
               Crimes
               ,
               Offences
               ,
               Nusances
               ,
               &c.
               in
               the
               County
               for
               which
               they
               Serve
               ,
               which
               by
               reason
               of
               their
               Inhabitancy
               and
               Estates
               therein
               they
               are
               presumed
               to
               have
               best
               opportunity
               to
               discover
               ,
               and
               to
               find
               Bills
               against
               Malefactors
               where
               there
               are
               good
               Grounds
               for
               the
               same
               ,
               that
               so
               they
               may
               be
               brought
               to
               Trial
               if
               they
               are
               forth-coming
               ,
               or
               may
               be
               proceeded
               against
               to
               the
               Outlawry
               if
               they
               are
               fled
               ,
               for
               their
               said
               Offences
               .
               2.
               
               To
               preserve
               the
               Innocent
               from
               the
               disgrace
               and
               hazards
               which
               ill
               men
               may
               design
               to
               bring
               them
               to
               ,
               out
               of
               malice
               ,
               or
               through
               subornation
               or
               other
               sinister
               ends
               ;
               for
               so
               tender
               is
               the
               Law
               of
               the
               Reputation
               and
               Life
               of
               a
               man
               ,
               that
               it
               will
               not
               suffer
               the
               one
               to
               be
               sullied
               ,
               by
               the
               Parties
               holding
               up
               his
               hand
               at
               the
               Barr
               ,
               and
               the
               other
               endanger'd
               by
               a
               Trial
               ,
               untill
               first
               the
               Matter
               and
               Evidence
               against
               him
               have
               been
               scann'd
               ,
               examined
               ,
               and
               found
               by
               a
               Grand
               Jury
               upon
               their
               Oaths
               against
               him
               .
               Therefore
               you
               see
               by
               their
               Oaths
               ,
               They
               are
               sworn
               not
               only
               to
               Inquire
               ,
               but
               
               diligently
               to
               inquire
               ,
               not
               to
               be
               negligent
               or
               slothful
               ,
               nor
               to
               take
               things
               upon
               trust
               or
               hurry
               them
               over
               carelesly
               ,
               but
               to
               weigh
               the
               Circumstances
               and
               sift
               the
               Witnesses
               ,
               and
               search
               out
               the
               Truth
               of
               such
               Informations
               as
               come
               before
               them
               ,
               and
               to
               reject
               the
               Indictment
               if
               it
               be
               not
               sufficiently
               proved
               ;
               and
               if
               they
               have
               reasonable
               Suspicion
               of
               Malice
               ,
               Subornation
               or
               wicked
               Designs
               against
               any
               mans
               Life
               or
               Estate
               in
               such
               as
               offer
               or
               come
               to
               Swear
               to
               the
               Bill
               of
               Indictment
               ,
               they
               are
               bound
               by
               Law
               as
               well
               as
               in
               Conscience
               to
               use
               all
               diligence
               to
               discover
               the
               Villany
               ;
               and
               if
               it
               appear
               to
               them
               (
               whereof
               they
               are
               the
               Legal
               Judges
               )
               to
               be
               a
               Conspiracy
               or
               malicious
               Conspiracy
               against
               the
               Accused
               ,
               they
               are
               bound
               not
               only
               to
               reject
               such
               Bill
               of
               Indictment
               ,
               but
               forthwith
               to
               Indict
               all
               the
               Conspirators
               with
               their
               Associates
               and
               Abettors
               ;
               and
               that
               this
               is
               a
               main
               part
               of
               the
               Grand
               Juries
               Office
               ,
               appears
               not
               only
               from
               Legal
               reason
               ,
               but
               by
               an
               express
               Statute
               ,
               
                 viz.
                 25
                 Edw.
              
               3
               ,
               4.
               and
               42
               Edw.
               3
               ,
               3.
               which
               sayes
               ,
               
                 That
                 for
                 preventing
                 Mischiefs
                 done
                 by
                 FALSE
                 ACCVSERS
                 ,
                 none
                 should
                 be
                 put
                 to
                 answer
                 ,
                 unless
                 it
                 be
                 by
                 Indictment
                 or
                 Presentment
                 of
                 good
                 and
                 lawful
                 People
                 of
                 the
                 same
                 Neighbourhood
                 where
                 such
                 Deeds
                 be
                 done
                 ,
              
               that
               is
               to
               say
               ,
               by
               a
               Grand
               Jury
               .
            
             
               The
               Grounds
               upon
               which
               Grand
               Juries
               are
               to
               proceed
               in
               giving
               their
               Verdicts
               ,
               are
               either
               ,
            
             
               1.
               
               From
               their
               
                 own
                 knowledge
              
               ,
               and
               so
               they
               may
               find
               an
               Indictment
               against
               a
               person
               thô
               there
               be
               
                 never
                 a
                 Witness
                 at
                 all
              
               to
               it
               ,
               and
               a
               Petty
               Jury
               may
               in
               like
               manner
               find
               a
               person
               Guilty
               of
               a
               Felony
               or
               Murder
               whereof
               he
               stands
               Indicted
               ,
               thô
               
                 no
                 Witnesses
              
               appear
               against
               him
               to
               prove
               it
               ,
               and
               the
               reason
               thereof
               is
               ,
               because
               the
               Juries
               being
               always
               of
               the
               Vicinage
               ,
               the
               Law
               supposes
               they
               may
               know
               the
               matter
               of
               their
               own
               knowledge
               ,
               and
               therefore
               in
               all
               such
               Cases
               when
               a
               Jury
               is
               charged
               with
               a
               
               Prisoner
               ,
               and
               after
               the
               Indictment
               read
               ,
               Witnesses
               fail
               to
               appear
               ,
               the
               Court
               always
               speaks
               thus
               to
               the
               Jury
               :
               
                 Gentlemen
                 ,
                 here
                 is
              
               A.
               B.
               
                 stands
                 Indicted
                 of
                 such
                 a
                 Crime
                 ,
                 but
                 here
                 's
                 no
                 Witnesses
                 come
                 against
                 him
                 ,
                 so
                 that
                 unless
                 on
                 your
                 own
                 knowledge
                 you
                 know
                 him
                 Guilty
                 ,
                 you
                 must
                 Acquit
                 him
              
               ;
               and
               certainly
               if
               the
               Juries
               knowledge
               of
               a
               mans
               Guilt
               ,
               is
               enough
               to
               Condemn
               him
               ,
               I
               see
               not
               why
               their
               personal
               knowledge
               of
               a
               Prisoners
               Innocency
               ,
               or
               of
               the
               Witnesses
               Swearing
               falsely
               ,
               should
               not
               be
               sufficient
               to
               Acquit
               him
               .
            
             
               2.
               
               The
               other
               ground
               upon
               which
               the
               Grand
               Juries
               are
               to
               Proceed
               ,
               is
               
                 Testimony
                 of
                 Witnesses
              
               ,
               and
               this
               is
               call'd
               EVIDENCE
               ,
               because
               it
               ought
               to
               be
               such
               as
               may
               make
               the
               matter
               clear
               ,
               manifest
               ,
               plain
               and
               evident
               to
               the
               Jury
               ;
               and
               of
               this
               Evidence
               the
               Jury
               are
               the
               proper
               and
               only
               Judges
               ,
               therefore
               they
               ought
               (
               according
               to
               their
               Oath
               )
               
                 diligently
                 Inquire
              
               into
               the
               Quality
               ,
               Repute
               ,
               and
               Circumstances
               of
               the
               Witnesses
               ,
               the
               likelyhood
               of
               what
               they
               Depose
               ,
               and
               whether
               they
               do
               not
               Swear
               out
               of
               Malice
               ,
               Subornation
               ,
               Self-Interest
               ,
               Combination
               ,
               or
               some
               ill
               design
               ;
               which
               to
               Discover
               ,
               they
               will
               do
               well
               to
               Examine
               them
               apart
               ,
               to
               note
               their
               Variations
               and
               Contradictions
               ,
               to
               ask
               them
               sudden
               questions
               ,
               and
               what
               questions
               are
               pertinent
               ,
               not
               the
               Judges
               ,
               but
               the
               Jury
               only
               can
               determine
               ;
               for
               they
               may
               know
               how
               to
               make
               use
               of
               them
               towards
               Discovery
               of
               the
               Truth
               ,
               thô
               the
               Judge
               does
               not
               ,
               and
               't
               is
               They
               are
               upon
               their
               Oaths
               ,
               not
               he
               ,
               't
               is
               they
               must
               satisfy
               their
               own
               Consciences
               ,
               the
               Judge
               has
               nothing
               to
               do
               to
               Intermeddle
               ,
               he
               is
               bound
               by
               their
               Verdict
               :
               Let
               Witnesses
               be
               never
               so
               rampantly
               positive
               ,
               yet
               if
               the
               Jurors
               have
               good
               and
               reasonable
               grounds
               not
               to
               believe
               them
               ,
               they
               will
               ,
               they
               must
               remain
               as
               Ignorant
               to
               the
               parties
               Crime
               as
               before
               :
               we
               find
               this
               expresly
               asserted
               for
               Law
               in
               our
               Books
               ,
               as
               Stiles's
               
               Reports
               ,
               L.
               11.
               thô
               there
               be
               Witnesses
               who
               prove
               the
               Bill
               ,
               yet
               the
               Grand
               Inquest
               is
               not
               bound
               to
               find
               it
               ,
               if
               they
               see
               cause
               to
               the
               contrary
               ,
               so
               
                 Coke
                 L.
              
               6.
               
               The
               Judges
               use
               to
               determine
               who
               shall
               be
               Sworn
               ,
               and
               what
               shall
               be
               produced
               as
               Evidence
               to
               the
               Jury
               ,
               but
               the
               Jury
               are
               to
               consider
               what
               Credit
               or
               Authority
               the
               same
               is
               worthy
               of
               .
               If
               a
               Grand
               Jury
               are
               not
               Judges
               of
               Evidence
               ,
               they
               signifie
               nothing
               .
               If
               (
               as
               some
               would
               perswade
               us
               )
               because
               People
               Swear
               desperately
               ,
               thô
               they
               do
               not
               believe
               them
               ,
               they
               shall
               be
               bound
               to
               find
               the
               Bill
               ,
               then
               they
               signifie
               nothing
               ,
               and
               are
               no
               security
               to
               preserve
               Innocency
               .
               A
               lewd
               Woman
               once
               resolv'd
               to
               Indict
               the
               then
               Arch-bishop
               of
               Canterbury
               for
               a
               Rape
               ,
               she
               Swore
               it
               no
               doubt
               very
               heartily
               ,
               according
               to
               this
               new
               Doctrine
               of
               going
               according
               to
               Evidence
               ,
               the
               Jury
               must
               presently
               have
               found
               the
               Bill
               ,
               the
               Arch-bishop
               must
               have
               been
               Committed
               to
               Prison
               ,
               Suspended
               from
               Ecclesiastical
               Jurisdiction
               ,
               his
               Goods
               and
               Chattels
               throughout
               England
               Inventoried
               by
               the
               Sheriffs
               ;
               would
               it
               ,
               think
               you
               ,
               in
               that
               Case
               have
               been
               a
               good
               Excuse
               for
               the
               Grand
               Jury
               ,
               to
               have
               said
               ,
               that
               thô
               they
               believ'd
               in
               their
               Conscience
               the
               Baggage
               swore
               false
               ,
               yet
               she
               Swearing
               it
               positively
               ,
               they
               as
               so
               many
               Parish
               Clerks
               were
               but
               to
               say
               Amen
               to
               her
               Oath
               of
               the
               Fact
               ,
               and
               to
               find
               
                 Billa
                 Vera
              
               against
               that
               eminent
               Prelate
               ?
               And
               if
               the
               Jury
               be
               Judges
               of
               the
               Credibility
               of
               Evidence
               in
               this
               Case
               ,
               and
               may
               go
               contrary
               to
               it
               ,
               why
               I
               pray
               may
               they
               not
               have
               the
               same
               Liberty
               where
               they
               find
               good
               Cause
               in
               others
               ?
            
             
               If
               an
               Indictment
               be
               laid
               against
               a
               man
               for
               Criminal
               words
               ,
               said
               to
               be
               utter'd
               in
               a
               Colloquium
               ,
               or
               Discourse
               ,
               thô
               the
               Witnesses
               roundly
               Swear
               all
               the
               express
               words
               in
               the
               Indictment
               ,
               yet
               unless
               they
               will
               Relate
               and
               set
               forth
               the
               Substance
               of
               the
               
                 whole
                 talk
              
               ,
               't
               is
               impossible
               the
               Jury
               should
               Judge
               
               of
               the
               matter
               ;
               for
               the
               
                 foregoing
                 and
                 subsequent
              
               words
               may
               render
               Expressions
               that
               are
               Innocent
               and
               Loyal
               ,
               which
               taken
               to
               halfs
               ,
               may
               be
               rank
               Treason
               ;
               as
               if
               one
               should
               say
               ,
               
                 To
                 affirm
                 the
                 King
                 has
                 no
                 more
                 Right
                 to
                 the
                 Crown
                 of
              
               England
               
                 than
                 I
                 have
                 ,
                 (
                 which
                 is
                 the
                 Opinion
                 of
                 the
                 Jesuits
                 ,
                 of
                 his
                 Majesty
                 ,
                 if
                 once
                 Excommunicated
                 by
                 the
                 Pope
                 )
                 is
                 detestable
                 Treason
                 :
              
               And
               two
               men
               at
               some
               distance
               ,
               not
               well
               Hearing
               or
               Remembring
               ,
               or
               Maliciously
               designing
               against
               his
               Life
               ,
               should
               Swear
               —
               That
               he
               said
               ,
               
                 The
                 King
                 had
                 no
                 more
                 Right
                 to
                 the
                 Crown
                 than
                 he
                 had
                 :
              
               Now
               that
               the
               Man
               did
               utter
               these
               very
               words
               is
               true
               ,
               but
               if
               you
               ask
               the
               Evidence
               the
               rest
               of
               the
               Colloquium
               ,
               they
               shall
               tell
               you
               there
               was
               much
               more
               Discourse
               ,
               but
               they
               cannot
               remember
               it
               ;
               what
               satisfaction
               is
               this
               to
               a
               Jury
               ?
               or
               would
               it
               not
               be
               hard
               for
               a
               Man
               to
               be
               put
               to
               hold
               up
               his
               Hand
               at
               the
               Bar
               under
               the
               frightful
               Charge
               of
               Treason
               in
               this
               Case
               ?
               Or
               if
               a
               Minister
               in
               his
               Sermon
               should
               Recite
               that
               of
               the
               
                 Psalms
                 ,
                 The
                 Fool
                 hath
                 said
                 in
                 his
                 Heart
                 there
                 is
                 no
                 God
                 :
              
               Jesuited
               Evidence
               now
               may
               come
               and
               Charge
               him
               with
               Blasphemy
               ,
               and
               Swear
               that
               he
               said
               ,
               
                 There
                 was
                 no
                 God
              
               :
               and
               ask
               them
               what
               Expressions
               besides
               he
               used
               ,
               may
               excuse
               themselves
               and
               say
               ,
               'T
               is
               a
               great
               while
               agoe
               ,
               we
               cannot
               remember
               a
               whole
               Sermon
               ,
               but
               this
               we
               all
               positively
               Swear
               ,
               
                 He
                 said
                 there
                 was
                 no
                 God.
                 
              
            
             
               The
               Inquiry
               of
               a
               Grand
               Jury
               should
               be
               suitable
               to
               their
               Title
               ,
               a
               
                 Grand
                 Inquiry
              
               ;
               else
               instead
               of
               serving
               their
               Countrey
               ,
               and
               presenting
               real
               Crimes
               ,
               they
               may
               Oppress
               the
               Innocent
               ,
               as
               in
               the
               Case
               of
               
                 Samuel
                 Wright
              
               and
               
                 John
                 Good
              
               ,
               at
               a
               Sessions
               in
               the
               
                 Old
                 Baily
              
               ,
               about
               
                 December
                 1681.
                 
                 Good
              
               Indicts
               Wright
               for
               Treasonable
               words
               ,
               and
               Swore
               the
               words
               positively
               ;
               but
               after
               a
               Grand
               Enquiry
               ,
               the
               Grand
               Jury
               found
               that
               Wright
               only
               spoke
               the
               words
               as
               of
               others
               ,
               thus
               ,
               
                 They
                 say
                 so
                 and
                 so
              
               —
               and
               concluded
               with
               this
               —
               
                 They
                 
                 are
                 Regnes
                 for
                 saying
                 it
              
               ;
               and
               also
               Good
               at
               last
               Confessed
               that
               Wright
               was
               his
               Master
               ,
               and
               Corrected
               him
               for
               Misdemeanours
               ,
               and
               then
               to
               be
               Reveng'd
               he
               comes
               and
               Swears
               against
               him
               ,
               which
               he
               Confessed
               he
               was
               Instigated
               to
               by
               one
               Powel
               ;
               so
               the
               Grand
               Jury
               finding
               it
               to
               be
               but
               Malice
               ,
               Return'd
               the
               Bill
               Ignoramus
               :
               whereas
               if
               they
               had
               not
               Examin'd
               him
               strictly
               ,
               they
               had
               never
               discover'd
               the
               Intreigue
               ,
               and
               the
               Master
               had
               Causelesly
               been
               brought
               to
               great
               Charge
               ,
               Ignominy
               and
               Hazard
               .
            
             
               The
               Judicious
               
                 Dalton
                 ,
                 p.
              
               539
               says
               well
               ,
               
                 No
                 less
                 care
                 or
                 Concern
                 at
                 all
                 lies
                 on
                 the
                 Grand
                 Jury
                 ,
                 than
                 does
                 on
                 the
                 Petty
                 Jury
                 :
              
               People
               may
               tell
               you
               ,
               
                 That
                 you
                 ought
                 to
                 find
                 a
                 Bill
                 upon
                 any
                 probable
                 Evidence
                 ,
                 for
                 't
                 is
                 but
                 matter
                 of
                 Course
                 ,
                 a
                 Ceremony
                 ,
                 a
                 Business
                 of
                 Form
                 ,
                 only
                 an
                 Accusation
                 ,
                 the
                 party
                 is
                 to
                 come
                 before
                 another
                 Jury
                 ,
                 and
                 there
                 may
                 make
                 his
                 Defence
                 :
              
               But
               if
               this
               were
               all
               ,
               to
               what
               purpose
               have
               we
               
                 Grand
                 Juries
              
               at
               all
               ?
               why
               are
               the
               wisest
               ,
               best
               men
               in
               a
               County
               (
               for
               such
               they
               are
               or
               should
               be
               )
               troubled
               ?
               why
               are
               they
               so
               strictly
               Sworn
               ?
               Do
               not
               Flatter
               your selves
               ,
               you
               of
               the
               Grand
               Jury
               are
               as
               much
               upon
               your
               Oaths
               as
               the
               Petty
               Jury
               ,
               and
               the
               Life
               of
               the
               man
               against
               whom
               the
               Bill
               is
               brought
               ,
               is
               in
               your
               Hands
               :
               The
               Lord
               
                 Cook
                 3.
                 
                 Iustit
              
               .
               33.
               plainly
               calls
               the
               Grand
               Jury-men
               all
               wilfully
               forsworn
               and
               Perjured
               ,
               if
               they
               wrongfully
               find
               an
               Indictment
               ;
               and
               if
               in
               such
               a
               Case
               the
               other
               Jury
               thro
               Ignorance
               ,
               &c.
               should
               find
               the
               person
               Guilty
               too
               ,
               you
               are
               Guilty
               of
               his
               Blood
               as
               well
               as
               they
               :
               but
               suppose
               he
               get
               off
               there
               ,
               do
               you
               think
               it
               nothing
               to
               Accuse
               a
               man
               upon
               your
               Oaths
               ,
               of
               horrid
               Crimes
               ,
               your
               very
               doing
               of
               which
               puts
               him
               ,
               thô
               never
               so
               Innocent
               ,
               to
               Disgrace
               ,
               Trouble
               ,
               Damage
               ,
               danger
               of
               Life
               ,
               and
               makes
               him
               liable
               to
               Outlawry
               ,
               Imprisonment
               ,
               and
               every
               thing
               but
               Death
               it self
               ,
               and
               that
               too
               for
               ought
               you
               know
               may
               wrongfully
               be
               occasion'd
               by
               it
               ,
               your
               rash
               Verdict
               gaining
               Credit
               ,
               and
               giving
               Authority
               to
               
               another
               Jury
               to
               find
               him
               Guilty
               :
               for
               if
               the
               Petty
               Jury
               find
               a
               man
               Guilty
               never
               so
               unjustly
               ,
               the
               Law
               suffers
               no
               Attaint
               or
               other
               Punishment
               to
               lie
               against
               them
               ,
               for
               this
               very
               reason
               ,
               because
               another
               Jury
               ,
               viz.
               the
               Grand
               Inquest
               as
               well
               as
               they
               ,
               have
               found
               him
               Guilty
               .
               If
               a
               Grand
               Jary
               find
               a
               Bill
               wrongfully
               against
               a
               person
               ,
               and
               it
               prove
               never
               so
               much
               to
               his
               damage
               ,
               he
               has
               no
               Remedy
               :
               for
               being
               upon
               their
               Oaths
               ,
               the
               Law
               will
               not
               suppose
               any
               malice
               .
               One
               of
               the
               Grand
               Jury
               cannot
               afterwards
               be
               of
               the
               petty
               Jury
               ,
               and
               why
               ?
               Because
               ,
               says
               the
               Law
               ,
               he
               has
               once
               already
               found
               the
               party
               Guilty
               ,
               and
               if
               he
               should
               not
               again
               ,
               he
               must
               perjure
               himself
               .
               From
               all
               which
               it
               appears
               ,
               what
               a
               weigh
               and
               stress
               the
               Law
               puts
               upon
               the
               Verdict
               of
               a
               Grand
               Jury
               ;
               and
               't
               is
               remarkable
               too
               ,
               that
               the
               Law
               directs
               them
               only
               to
               say
               ,
               either
               ,
               
                 Billa
                 vera
                 ,
                 It
                 is
                 true
                 ,
              
               Or
               ,
               
                 Ignoramus
                 ,
                 We
                 know
                 not
              
               ;
               and
               never
               ,
               
                 That
                 it
                 is
                 not
                 true
              
               :
               Which
               shews
               ,
               That
               if
               they
               be
               doubtfull
               ,
               or
               not
               fully
               satisfied
               ,
               The
               Indictment
               must
               be
               Endorsed
               not
               
                 Billa
                 Vera
              
               ,
               We
               know
               't
               is
               true
               ,
               but
               Ignoramus
               ,
               We
               doubt
               it
               ,
               We
               do
               not
               know
               it
               ,
               We
               are
               not
               certain
               it
               be
               true
               .
               If
               they
               find
               a
               Bill
               where
               they
               ought
               not
               ,
               they
               wound
               their
               own
               Consciences
               ,
               and
               do
               an
               irreparable
               damage
               to
               the
               party
               ;
               but
               where
               they
               do
               not
               find
               the
               Bill
               ,
               there
               is
               no
               harm
               done
               to
               any
               body
               ,
               for
               another
               Indictment
               may
               be
               brought
               when
               there
               is
               better
               Evidence
               .
            
          
           
             
               SECT
               .
               IV.
               
            
             
               That
               Juries
               are
               Judges
               of
               Law
               in
               some
               respects
               as
               well
               as
               Fact.
               
            
             
               AMongst
               other
               devices
               to
               undermine
               the
               Rights
               and
               Power
               of
               Juries
               ,
               and
               render
               them
               Insignificant
               ,
               there
               has
               an
               opinion
               been
               
               advanced
               ,
               That
               they
               are
               only
               Judges
               of
               Fact
               ,
               and
               are
               not
               at
               all
               to
               Consider
               the
               Law
               ;
               so
               that
               if
               a
               Person
               be
               Indicted
               for
               a
               Fact
               which
               really
               is
               no
               Crime
               in
               it self
               by
               Law
               ,
               but
               is
               workt
               up
               by
               Words
               of
               form
               ,
               as
               
                 Treasonably
                 ,
                 Seditiously
                 ,
                 &c.
              
               if
               the
               Fact
               be
               but
               proved
               to
               be
               done
               ,
               though
               the
               said
               wicked
               Circumstances
               do
               not
               appear
               ,
               they
               shall
               be
               supplied
               by
               the
               Law
               ,
               which
               you
               are
               not
               to
               take
               notice
               of
               ,
               but
               find
               the
               Bill
               ,
               or
               bring
               in
               the
               Person
               Guilty
               ,
               and
               leave
               the
               Consideration
               of
               the
               Case
               in
               Law
               to
               the
               Judges
               ,
               whose
               business
               it
               is
               —
               Thus
               some
               people
               argue
               ,
               but
               this
               is
               an
               apparent
               Trapp
               ,
               at
               once
               to
               Perjure
               Ignorant
               Juries
               ,
               and
               render
               them
               so
               far
               from
               being
               of
               good
               use
               ,
               as
               to
               be
               only
               Tools
               of
               Oppression
               ,
               to
               Ruine
               and
               Murder
               their
               Innocent
               Neighbours
               with
               the
               greater
               Formality
               :
               For
               though
               it
               be
               true
               ,
               that
               matter
               of
               Fact
               is
               the
               most
               common
               and
               proper
               Object
               of
               a
               Juries
               determination
               ,
               and
               matter
               of
               Law
               that
               of
               the
               Judges
               ,
               yet
               as
               Law
               arises
               out
               of
               ,
               and
               is
               complicated
               with
               Fact
               ,
               it
               cannot
               but
               fall
               under
               the
               Juries
               Consideration
               .
               
                 Littleton
                 ,
                 Sect.
              
               368.
               teaches
               us
               ,
               That
               the
               Jury
               may
               at
               their
               Election
               either
               take
               upon
               them
               the
               Knowledge
               of
               the
               Law
               ,
               and
               Determine
               both
               the
               Fact
               and
               Law
               themselves
               ,
               or
               else
               find
               the
               matter
               specially
               ,
               and
               leave
               it
               to
               the
               Judges
               :
               'T
               is
               by
               applying
               matter
               of
               Fact
               and
               Law
               together
               ,
               and
               from
               their
               due
               Consideration
               of
               ,
               and
               right
               Judgment
               upon
               both
               ,
               that
               a
               Jury
               brings
               forth
               their
               Verdict
               .
               Do
               we
               not
               see
               in
               most
               General
               Issues
               ,
               as
               upon
               Not
               Guilty
               pleaded
               in
               Trespass
               ,
               breach
               of
               the
               Peace
               ,
               or
               Felony
               ,
               though
               it
               be
               matter
               in
               Law
               ,
               whether
               the
               party
               be
               a
               Trespasser
               ,
               a
               breaker
               of
               the
               Peace
               ,
               or
               a
               Felon
               ,
               yet
               the
               Jury
               do
               not
               find
               the
               Fact
               of
               the
               Case
               by
               it self
               ,
               leaving
               the
               Law
               to
               the
               Court
               ,
               but
               find
               the
               party
               Guilty
               or
               Not
               Guilty
               generally
               ;
               so
               that
               though
               they
               Answer
               not
               to
               the
               Question
               singly
               ,
               what
               is
               Law
               ,
               yet
               they
               determine
               the
               Law
               in
               all
               matters
               where
               Issue
               is
               Joined
               .
               Is
               it
               not
               every
               dayes
               practice
               ,
               
               when
               persons
               are
               Indicted
               for
               Murther
               ,
               the
               Jury
               does
               not
               only
               find
               them
               Guilty
               or
               Not
               Guilty
               ,
               but
               many
               times
               upon
               hearing
               and
               weighing
               of
               Circumstances
               ,
               brings
               them
               in
               either
               Guilty
               of
               the
               Murder
               ,
               or
               else
               only
               of
               Man-slaughter
               ,
               per
               misadventure
               ,
               or
               
                 se
                 defendendo
              
               ,
               as
               they
               see
               Cause
               ?
               Besides
               ,
               as
               Juries
               have
               ever
               been
               vested
               with
               such
               Power
               by
               Law
               ,
               so
               to
               exclude
               them
               from
               ,
               or
               Disseize
               of
               the
               same
               ,
               were
               utterly
               to
               Defeat
               the
               End
               of
               their
               Institution
               .
               For
               then
               if
               a
               person
               should
               be
               Indicted
               for
               doing
               any
               Common
               Innocent
               Act
               ,
               if
               it
               be
               but
               Cloathed
               and
               disguised
               in
               the
               Indictment
               with
               the
               name
               of
               Treason
               ,
               or
               some
               other
               High
               Crime
               ,
               and
               proved
               by
               Witnesses
               to
               have
               been
               done
               by
               him
               ,
               the
               Jury
               though
               satisfied
               in
               Conscience
               ,
               that
               the
               Fact
               is
               not
               any
               such
               offence
               as
               't
               is
               called
               ,
               yet
               because
               (
               according
               to
               this
               fond
               Opinion
               )
               they
               have
               no
               power
               to
               Judge
               of
               Law
               ,
               and
               the
               Fact
               charged
               is
               fully
               proved
               ,
               they
               should
               at
               this
               Rate
               be
               bound
               to
               find
               him
               Guilty
               :
               And
               being
               so
               found
               ,
               the
               Judge
               may
               pronounce
               Sentence
               against
               him
               ,
               for
               he
               finds
               him
               a
               Convicted
               Traitor
               ,
               &c.
               by
               his
               Peers
               :
               And
               so
               Juries
               should
               be
               made
               meer
               Properties
               to
               do
               the
               Drudgery
               and
               bear
               the
               blame
               of
               unreasonable
               Prosecutions
               .
               But
               all
               this
               is
               absur'd
               ,
               and
               abhorr'd
               by
               the
               Wisdom
               ,
               Justice
               and
               Mercy
               of
               our
               Laws
               .
            
             
               In
               every
               Indictment
               ,
               Information
               ,
               &c.
               there
               are
               certain
               words
               of
               Course
               ,
               called
               matter
               of
               form
               ,
               as
               
                 Maliciously
                 ,
                 Seditiously
                 ,
                 with
                 such
                 and
                 such
                 an
                 Intention
                 ,
              
               &c.
               
               And
               these
               sometimes
               are
               raised
               by
               a
               Just
               and
               reasonable
               Implication
               in
               Law
               ,
               and
               sometimes
               are
               thrust
               in
               meerly
               to
               raise
               a
               pretence
               or
               Colour
               of
               Crime
               where
               there
               is
               really
               none
               .
               So
               that
               every
               Jury-man
               ought
               well
               to
               understand
               this
               Distinction
               ,
               where
               the
               Act
               or
               
               naked
               matter
               of
               Fact
               charged
               ,
               is
               in
               it self
               a
               Crime
               or
               offence
               against
               Law
               ;
               as
               killing
               of
               a
               Man
               ,
               Levying
               of
               War
               against
               the
               King
               ,
               &c.
               there
               the
               Law
               does
               in
               pleadings
               require
               ,
               and
               will
               supply
               those
               words
               ;
               and
               if
               the
               Jury
               do
               find
               ,
               and
               are
               satisfied
               ,
               That
               the
               substance
               of
               the
               Charge
               is
               such
               a
               Crime
               ,
               and
               the
               person
               Guilty
               thereof
               ,
               they
               are
               bound
               to
               find
               it
               ,
               though
               no
               direct
               proof
               be
               made
               of
               those
               Circumstantials
               .
               But
               where
               the
               Act
               or
               matter
               of
               Fact
               is
               in
               it self
               Innocent
               or
               Indifferent
               ,
               there
               the
               purport
               of
               these
               Words
               (
               as
               that
               it
               was
               done
               maliciously
               ,
               or
               with
               such
               or
               
                 such
                 a
                 design
              
               )
               is
               necessary
               to
               be
               proved
               :
               For
               else
               there
               is
               no
               Crime
               ,
               and
               consequently
               no
               fit
               matter
               to
               be
               put
               to
               Trial.
               In
               which
               Case
               ,
               the
               Grand
               Jury
               is
               bound
               in
               Conscience
               and
               Law
               to
               return
               an
               Ignoramus
               ,
               and
               a
               Petty
               Jury
               
                 Not
                 Guilty
              
               .
            
          
           
             
               SECT
               .
               V.
               
            
             
               That
               Juries
               are
               not
               finable
               ,
               or
               any
               way
               to
               be
               punisht
               under
               pretence
               of
               going
               contrary
               to
               Evidence
               ,
               or
               against
               the
               Judges
               Directions
               .
            
             
               MUch
               of
               what
               we
               have
               said
               of
               Grand
               Juries
               ,
               is
               also
               applicable
               to
               Petty
               Juries
               ,
               so
               that
               we
               need
               not
               repeat
               it
               ,
               only
               must
               Answer
               one
               Objection
               .
               Some
               Jury-men
               may
               be
               apt
               to
               say
               ,
               —
               If
               we
               do
               not
               find
               according
               to
               Evidence
               ,
               though
               we
               have
               reason
               to
               suspect
               the
               truth
               of
               what
               they
               Swear
               ,
               or
               if
               we
               do
               not
               find
               as
               the
               Judge
               directs
               ,
               we
               may
               come
               into
               trouble
               ,
               the
               Judge
               may
               Fine
               us
               ,
               &c.
               —
               I
               Answer
               ,
               this
               is
               a
               
                 vain
                 fear
              
               :
               No
               
               Judge
               dare
               offer
               any
               such
               thing
               :
               you
               are
               the
               proper
               Judges
               of
               the
               matters
               before
               you
               ,
               and
               your
               Souls
               are
               at
               stake
               ,
               you
               ought
               to
               Act
               freely
               ,
               and
               are
               not
               bound
               ,
               though
               the
               Court
               demand
               it
               ,
               to
               give
               the
               Reasons
               why
               you
               bring
               it
               in
               thus
               ,
               or
               thus
               ;
               for
               you
               of
               the
               Grand-Jury
               are
               sworn
               to
               the
               Contrary
               ,
               viz.
               
                 To
                 keep
                 secret
                 your
                 fellows
                 Counsel
                 and
                 your
                 own
              
               ;
               and
               you
               of
               the
               Petty
               Jury
               are
               no
               way
               obliged
               to
               declare
               your
               motives
               ,
               it
               may
               not
               be
               convenient
               .
               T
               is
               a
               notable
               Case
               before
               the
               Chief
               Justice
               Anderson
               in
               Q.
               Eliz.
               daves
               .
               A
               Man
               was
               Arraigned
               for
               murder
               ,
               the
               Evidence
               was
               so
               strong
               that
               11.
               of
               the
               Jury
               were
               presently
               for
               finding
               him
               Guilty
               ,
               the
               12th
               man
               refused
               ,
               and
               kept
               them
               so
               long
               that
               they
               were
               ready
               to
               starve
               ,
               and
               at
               last
               made
               them
               comply
               with
               him
               ,
               and
               bring
               in
               the
               Prisoner
               not
               Guilty
               :
               The
               Judge
               ,
               who
               had
               several
               times
               admonisht
               this
               Jury-man
               to
               join
               with
               his
               Fellows
               ,
               being
               surprized
               ,
               sent
               for
               him
               ,
               discoursed
               him
               privately
               ;
               to
               whom
               upon
               promise
               of
               Indempnity
               ,
               he
               at
               last
               own'd
               that
               he
               himself
               was
               the
               man
               that
               did
               the
               Murder
               ,
               and
               the
               Prisoner
               was
               Innocent
               ,
               and
               that
               he
               was
               resolv'd
               not
               to
               adde
               Perjury
               and
               a
               second
               Murder
               to
               the
               first
               .
               —
               But
               to
               satisfie
               you
               that
               a
               Jury
               is
               no
               way
               punishable
               for
               going
               according
               to
               their
               Conscience
               ,
               though
               against
               seeming
               Evidence
               ,
               and
               the
               Reasons
               why
               they
               are
               and
               ought
               not
               to
               be
               question'd
               for
               the
               same
               ,
               I
               shall
               here
               Recite
               an
               Adjudged
               Case
               ,
               that
               of
               Bushel
               ,
               in
               the
               two
               and
               twentieth
               year
               of
               His
               Majesty
               ,
               Reported
               by
               the
               Learned
               Sir
               
                 John
                 Vaughan
              
               ,
               whose
               Book
               is
               Licensed
               by
               the
               present
               Lord
               Chancellor
               ,
               the
               Lord
               Chief
               Justice
               North
               ,
               and
               all
               the
               Judges
               then
               in
               England
               :
               the
               said
               Case
               begins
               fol.
               135.
               and
               continues
               150.
               
               The
               whole
               well
               worth
               Reading
               :
               but
               I
               shall
               only
               Select
               Certain
               Passages
               .
               —
            
             
               The
               Case
               was
               this
               :
            
             
               BUshel
               
                 and
                 others
                 of
                 a
                 Jury
                 having
                 at
                 a
                 Sessions
                 not
                 found
              
               Pen
               and
               Mead
               
                 (
                 Two
                 Quakers
                 )
                 Guilty
                 of
                 a
                 Trespass
                 ,
                 Contempt
                 ,
                 Vnlawful
                 Assembly
                 and
                 Tumult
                 ,
                 whereof
                 
                 they
                 had
                 been
                 Indicted
                 ,
                 were
                 fined
                 forty
                 pound
                 a
                 man
                 ,
                 and
                 Committed
                 till
                 they
                 should
                 pay
                 it
                 .
              
               Bushel
               
                 brings
                 his
              
               Habeas
               Corpus
               ,
               
                 and
                 upon
                 the
                 Return
                 it
                 appeared
                 he
                 was
                 Committed
                 ,
                 —
                 For
                 that
                 contrary
                 to
                 Law
                 ,
                 and
                 against
                 full
                 and
                 Clear
                 Evidence
                 openly
                 given
                 in
                 Court
                 ,
                 and
                 against
                 the
                 Directions
                 of
                 the
                 Court
                 in
                 matter
                 of
                 Law
                 ,
                 they
                 had
                 Acquitted
                 the
                 said
              
               W.
               P.
               and
               W.
               M.
               
                 to
                 the
                 great
                 Obstruction
                 of
                 Justice
                 ,
              
               &c.
               
               
                 Which
                 upon
                 solemn
                 Argument
                 was
                 by
                 the
                 Judges
                 Resolved
                 ,
                 to
                 be
                 an
                 Insufficient
                 Cause
                 of
                 fining
                 and
                 committing
                 them
                 ,
                 and
                 they
                 were
                 discharged
                 ,
                 and
                 afterwards
                 brought
                 Actions
                 for
                 their
                 Dammage
                 .
              
               The
               Reasons
               of
               which
               Judgment
               are
               reported
               by
               Judge
               Vaughan
               ,
               and
               amongst
               them
               he
               Useth
               these
               that
               follow
               ,
               which
               I
               shall
               give
               you
               in
               his
               own
               words
               .
            
             
               Fol.
               140.
               
               
                 One
                 fault
                 in
                 the
                 Return
                 is
                 ,
                 That
                 the
                 Jurors
                 are
                 not
                 said
                 to
                 have
                 Acquitted
                 the
                 persons
                 Indicted
                 ,
                 against
                 full
                 and
                 manifest
                 Evidence
                 ,
              
               Corruptly
               ,
               and
               Knowing
               the
               said
               Evidence
               to
               be
               full
               and
               manifest
               against
               the
               Persons
               Indicted
               ;
               
                 For
                 how
                 manifest
                 soever
                 the
                 Evidence
                 was
                 ,
                 if
                 it
                 were
                 not
                 manifest
                 to
                 them
                 ,
                 and
                 that
                 they
                 Believed
                 it
                 such
                 ,
                 it
                 was
                 not
              
               a
               Finable
               fault
               ,
               nor
               Deserving
               Imprisonment
               ;
               
                 Vpon
                 which
                 Difference
                 the
                 Law
                 of
                 punishing
                 Jurors
                 for
                 false
                 Verdicts
                 ,
                 principally
                 Depends
                 ,
              
            
             
               And
               Fol.
               141.
               
               
                 I
                 would
                 know
                 ,
                 whether
                 any
                 thing
                 be
                 more
                 Common
                 ,
                 than
                 for
                 two
                 men
                 ,
                 Students
                 ,
                 Barristers
                 ,
                 or
                 Judges
                 ,
                 to
                 deduce
                 Contrary
                 and
                 opposite
                 Conclusions
                 out
                 of
                 the
                 same
                 Case
                 in
                 Law
                 ?
                 And
                 is
                 there
                 any
                 Difference
                 that
                 two
                 men
                 should
                 Infer
                 distinct
                 Conclusions
                 from
                 the
                 same
                 Testimony
                 ?
                 is
                 any
                 thing
                 more
                 known
                 ,
                 than
                 that
                 the
                 same
                 Author
                 and
                 place
                 in
                 that
                 Author
                 ,
                 is
                 forceably
                 urg'd
                 to
                 maintain
                 contrary
                 Conclusions
                 ,
                 and
                 the
                 Decision
                 hard
                 which
                 is
                 in
                 the
                 Right
                 ?
                 is
                 any
                 thing
                 more
                 frequent
                 in
                 the
                 controversies
                 of
                 Religion
                 ,
                 than
                 to
                 press
                 the
                 same
                 Texts
                 for
                 Opposite
                 Tenets
                 ?
                 How
                 then
                 comes
                 it
                 to
                 pass
                 ,
                 that
                 two
                 persons
                 may
                 not
                 apprehend
                 with
                 Reason
                 and
                 Honesty
                 ,
                 what
                 a
                 Witness
                 ,
                 or
                 many
                 say
                 ,
                 to
                 prove
                 in
                 the
                 Vnderstanding
                 of
                 one
                 plainly
                 one
                 thing
                 ,
                 but
                 in
                 the
                 Apprehension
                 of
                 the
                 other
                 clearly
                 the
                 contrary
                 thing
                 ?
                 must
                 therefore
                 one
                 of
                 these
                 Merit
              
               
               Fine
               and
               Imprisonment
               ,
               
                 because
                 he
                 doth
                 that
                 which
                 he
                 cannot
                 otherwise
                 do
                 ,
                 preserving
                 his
                 Oath
                 and
                 Integrity
                 ?
                 And
                 this
                 is
                 often
                 the
                 Case
                 of
                 the
                 Judge
                 and
                 the
                 Jury
                 .
              
            
             
               And
               Fol.
               142.
               
               
                 I
                 conclude
                 therefore
                 ,
                 That
                 this
                 Return
                 ,
                 charging
                 the
                 Prisoners
                 to
                 have
                 Acquitted
              
               P.
               and
               M.
               
                 against
                 full
                 and
                 manifest
                 Evidence
                 first
                 ,
                 and
                 next
                 without
                 saying
                 that
                 they
                 did
              
               know
               and
               Believe
               that
               Evidence
               to
               be
               full
               and
               Manifest
               
                 against
                 the
                 Indicted
                 persons
                 ,
                 is
                 no
              
               Cause
               of
               Fine
               and
               Imprisonment
               .
            
             
               In
               the
               Margent
               of
               that
               Fol.
               142.
               it
               is
               thus
               Noted
               :
               
                 Of
                 this
                 Mind
                 were
                 ten
                 Judges
                 of
                 Eleven
                 ;
                 the
                 Chief
                 Baron
              
               Turner
               
                 gave
                 no
                 Opinion
                 ,
                 because
                 not
                 at
                 the
                 Argument
                 .
              
            
             
               
                 And
                 in
                 the
                 same
              
               fol.
               142.
               
                 he
                 saith
              
               ,
               The
               Verdict
               of
               a
               Jury
               ,
               and
               Evidence
               of
               a
               Witness
               ,
               
                 are
                 very
              
               Different
               
                 things
                 ,
                 in
                 the
                 Truth
                 and
                 Falshood
                 of
                 them
                 :
                 a
                 Witness
                 swears
                 but
                 to
                 what
                 he
                 hath
              
               heard
               or
               seen
               
                 generally
                 ,
                 or
                 more
                 largely
                 ,
                 to
                 what
                 hath
                 fallen
                 under
                 his
                 Senses
                 :
                 But
                 a
              
               Jury-man
               
                 swears
                 to
                 what
                 he
                 can
                 Inferr
                 and
                 conclude
                 from
                 the
                 Testimony
                 of
                 such
              
               Witnesses
               ,
               
                 by
                 the
                 Act
                 and
                 force
                 of
                 his
              
               Understanding
               ,
               
                 to
                 be
                 the
                 Fact
                 Inquired
                 after
                 ;
                 which
                 differs
                 nothing
                 in
                 Reason
                 ,
                 though
                 much
                 in
                 the
              
               Punishment
               ,
               
                 from
                 what
                 a
                 Judge
                 ,
                 out
                 of
                 Various
                 Cases
                 consider'd
                 by
                 him
                 ,
                 Infers
                 to
                 be
                 the
                 Law
                 in
                 the
                 question
                 before
                 him
                 .
              
            
             
               
                 If
                 the
                 meaning
                 of
                 these
                 Words
                 ,
              
               finding
               against
               the
               Direction
               of
               the
               Court
               ,
               
                 in
                 matter
                 of
                 Law
                 ,
                 be
                 ,
                 That
                 if
                 the
                 Judge
                 having
                 heard
                 the
                 Evidence
                 given
                 in
                 Court
                 (
                 for
                 he
                 knows
                 no
                 other
                 )
                 shall
                 tell
                 the
              
               Jury
               
                 upon
                 this
                 Evidence
                 ,
                 the
                 Law
                 is
                 for
                 the
                 Plaintiff
                 ,
                 or
                 for
                 the
                 Defendant
                 ,
                 and
                 you
                 are
                 under
                 the
                 pain
                 of
                 Fine
                 and
                 Imprisonment
                 to
                 find
                 accordingly
                 ;
                 and
                 the
                 Jury
                 ought
                 of
                 duty
                 so
                 to
                 do
                 ;
                 then
                 every
                 man
                 sees
                 ,
                 that
                 the
                 Jury
                 is
                 but
                 a
                 troublesome
                 delay
                 ,
                 great
                 Charge
                 ,
                 and
                 no
                 use
                 in
                 determining
                 Right
                 and
                 Wrong
                 ;
                 and
                 therefore
                 the
                 Tryals
                 by
                 them
                 may
                 be
                 better
                 Abolished
                 than
                 continued
                 :
                 which
                 were
                 a
              
               strange
               new
               found
               Conclusion
               ,
               
                 after
                 a
              
               Tryal
               so
               Celebrated
               for
               many
               hundred
               Years
               .
            
             
               
                 It
                 is
                 true
                 ,
                 if
                 the
                 Jury
                 were
                 to
                 have
                 no
                 other
                 Evidence
                 for
                 the
                 Fact
                 ,
                 but
                 what
                 is
                 Deposed
                 in
                 Court
                 ,
                 the
                 
                 Judge
                 might
                 know
                 their
                 Evidence
                 ,
                 and
                 the
                 Fact
                 from
                 it
                 ,
                 equally
                 as
                 they
                 ,
                 and
                 so
                 direct
                 what
                 the
                 Law
                 were
                 in
                 the
                 Case
                 ;
                 though
                 even
                 then
                 the
              
               Judge
               and
               Jury
               
                 might
                 honestly
                 differ
                 in
                 the
                 Result
                 from
                 the
                 Evidence
                 ,
                 as
                 well
                 as
                 two
                 Judges
                 may
                 ,
                 which
                 often
                 happens
                 ;
                 but
                 the
                 Evidence
                 which
                 the
                 Jury
                 have
                 of
                 the
                 Fact
                 ,
                 is
                 much
                 otherwise
                 than
                 that
                 .
                 For
                 ,
              
            
             
               1.
               
               
                 Being
                 Returned
                 of
                 the
                 Vicinage
                 where
                 the
                 Cause
                 of
                 Action
                 ariseth
                 ,
                 the
                 Law
                 supposeth
                 them
                 thence
                 to
                 have
                 sufficient
                 Knowledge
                 to
                 Try
                 the
                 matter
                 in
                 Issue
                 (
                 and
                 so
                 they
                 must
                 )
                 though
                 no
                 Evidence
                 were
                 given
                 on
                 either
                 side
                 in
                 Court
                 ;
                 but
                 to
                 this
                 Evidence
                 the
                 Judge
                 is
                 a
                 stranger
                 .
              
            
             
               2.
               
               
                 They
                 may
                 have
                 Evidence
                 from
                 their
                 own
                 Personal
                 Knowledge
                 ,
                 by
                 which
                 they
                 may
                 be
                 assured
                 ,
                 and
                 sometimes
                 are
                 ,
                 that
                 what
                 is
                 deposed
                 in
                 Court
                 is
                 absolutely
                 false
                 :
                 but
                 to
                 this
                 the
                 Judge
                 is
                 a
                 stranger
                 ,
                 and
                 he
                 knows
                 no
                 more
                 of
                 the
                 Fact
                 than
                 he
                 hath
                 Learned
                 in
                 Court
                 ,
                 and
                 perhaps
                 by
                 false
                 Depositions
                 ,
                 and
                 consequently
                 knows
                 nothing
                 .
              
            
             
               3.
               
               
                 The
                 Jury
                 may
                 know
                 the
                 Witnesses
                 to
                 be
              
               Stigmatized
               ,
               and
               Infamous
               ,
               
                 which
                 may
                 be
                 unknown
                 to
                 the
                 parties
                 ,
                 and
                 consequently
                 to
                 the
                 Court.
                 
              
            
             
               Fol.
               148.
               
               
                 To
                 what
                 end
                 is
                 the
                 Jury
                 to
                 be
                 Returned
                 out
                 of
                 the
                 Vicinage
                 ,
                 where
                 the
                 Cause
                 of
                 Action
                 ariseth
                 ?
                 to
                 what
                 end
                 must
                 Hundredors
                 be
                 of
                 the
                 Jury
                 ,
                 whom
                 the
                 Law
                 supposeth
                 to
                 have
                 nearer
                 knowledge
                 of
                 the
                 Fact
                 ,
                 than
                 those
                 of
                 the
                 Vicinage
                 in
                 General
                 ?
                 to
                 what
                 end
                 are
                 they
                 Challenged
                 so
                 scrupulously
                 to
                 the
                 Array
                 and
                 Poll
                 ?
                 to
                 what
                 end
                 must
                 they
                 have
                 such
                 a
                 certain
                 Free-hold
                 ,
                 and
                 be
              
               Probi
               &
               Legales
               homines
               ,
               
                 and
                 not
                 of
                 Affinity
                 with
                 the
                 party
                 concern'd
                 ?
                 to
                 what
                 end
                 must
                 they
                 have
                 in
                 many
                 Cases
                 the
                 View
                 for
                 Exacter
                 Information
                 chiefly
                 ?
                 to
                 what
                 end
                 must
                 they
                 undergo
                 the
                 Punishment
                 of
                 the
                 Villanous
                 Judgment
                 ,
                 if
                 after
                 all
                 this
                 they
                 Implicitly
                 must
                 give
                 a
                 Verdict
                 by
                 the
                 Dictates
                 and
                 Authority
                 of
                 another
                 Man
                 ,
                 under
                 Pains
                 of
                 Fines
                 and
                 Imprisonment
                 ,
                 when
                 Sworn
                 to
                 do
                 it
                 according
                 to
                 the
                 best
                 of
                 their
                 own
                 Knowledge
                 ?
              
            
             
               
                 A
                 man
                 cannot
                 see
                 by
                 anothers
                 Eye
                 ,
                 nor
                 hear
                 by
                 anothers
                 Ear
                 ;
                 no
                 more
                 can
                 a
                 man
                 conclude
                 or
                 Infer
                 the
                 thing
                 
                 to
                 be
                 Resolved
                 by
                 anothers
                 Vnderstanding
                 or
                 Reasoning
                 ;
                 and
                 though
                 the
                 Verdict
                 be
                 right
                 the
                 Jury
                 give
                 ,
                 yet
                 they
                 being
                 not
                 assured
                 that
                 it
                 is
                 so
                 from
                 their
                 own
                 Vnderstanding
                 ,
                 are
                 Forsworn
                 ,
                 at
                 least
                 in
              
               foro
               Conscientiae
               .
            
             
               Fol.
               149.
               
               
                 And
                 it
                 is
                 Absurd
                 to
                 Fine
                 a
                 Jury
                 for
                 finding
                 against
                 their
                 Evidence
                 ,
                 when
                 the
                 Judge
                 knows
                 but
                 part
                 of
                 it
                 ;
                 for
                 the
                 better
                 and
                 greater
                 part
                 of
                 the
                 Evidence
                 may
                 be
                 wholly
                 unknown
                 to
                 him
                 ,
                 and
                 this
                 may
                 happen
                 in
                 most
                 Cases
                 ,
                 and
                 often
                 doth
                 .
              
            
             
               Thus
               far
               Judge
               Vaughan
               ,
               whose
               words
               I
               have
               faithfully
               Recited
               ,
               and
               with
               it
               shall
               conclude
               this
               Subject
               ;
               Recommending
               those
               that
               would
               be
               further
               satisfied
               in
               the
               Law
               touching
               the
               Power
               and
               Duty
               of
               Juries
               ,
               to
               those
               two
               Excellent
               ,
               Learned
               Treatises
               lately
               published
               ,
               the
               one
               Intituled
               ,
               
                 A
                 Guide
                 to
                 English
                 Juries
              
               ,
               &c.
               to
               be
               Sold
               by
               Mr.
               Cockeril
               at
               the
               Three
               Legs
               over
               against
               the
               Stocks-Market
               ;
               the
               other
               ,
               
                 The
                 Security
                 of
                 English-mens
                 Lives
                 ,
                 or
                 the
                 Trust
                 ,
                 Power
                 and
                 Duty
                 of
                 the
                 Grand
                 Juries
                 of
              
               England
               ,
               Printed
               for
               
                 Benj.
                 Alsop
              
               in
               the
               Poultrey
               ;
               both
               which
               are
               extreamly
               well
               worthy
               of
               every
               English
               mans
               Perusal
               ,
               that
               is
               liable
               to
               be
               call'd
               to
               that
               Office.
               
            
             
               And
               now
               I
               shall
               take
               Leave
               of
               the
               Reader
               ,
               who
               I
               hope
               will
               join
               with
               me
               and
               all
               English
               Protestants
               in
               this
               Prayer
               :
            
             
               
                 THat
                 Almighty
                 God
                 would
                 preserve
                 our
                 Religion
                 ,
                 put
                 a
                 stop
                 to
                 the
                 Growth
                 of
                 Popery
                 ,
                 Confound
                 all
                 their
                 Plots
                 ,
                 Protect
                 our
                 present
                 Gracious
                 King
                 ,
                 Defend
                 us
                 both
                 from
                 a
                 Forreign
                 Yoak
                 and
                 Domestick
                 Slavery
                 ,
                 but
                 continue
                 to
                 us
                 the
                 Enjoyment
                 of
                 our
              
               good
               old
               Laws
               ,
               
                 Liberties
                 and
                 Priviledges
                 ,
                 and
                 bring
                 all
                 those
                 to
                 exemplary
                 Justice
                 that
                 have
                 or
                 shall
                 dare
                 attempt
                 to
                 Subvert
                 ,
                 Diminish
                 or
                 Vndermine
                 them
                 .
              
            
             
               Amen
               .
            
          
        
         
           FINIS
           .
        
         
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A33823-e2830
           
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             ☞