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Premises, let them well know that they incur the aforefaid Sentence ipfo fatto.

A Confirmation of the Charters and Liberties of

England, and of the Forest, made the twenty fifth Year of Edward the First.

Dward, by Grace of God, King of England, Lord of Ire

land, Duke of Guyen ; To all those that these present Letters shall hear or see, greeting. Know ye that we, to the Honour of God, and to the Profit of our Realm, have granted for us, and our Heirs, and the Charter of Liber. ties, and the Charter of Forest, which were made by common Affent 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 Charters Tall be sent under our Seal, as well to our Justices of the Forreft, 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 contain'd, that they cause the afore Said Charters to be publishd, and to declare to the People, that we have confirm’d them in all points: And that our Justices, Sheriffs, Mayors, and other Minifters, which under us have the Laws of our Land to guide, shall allow the same Charters pleaded before them in Judgment, in all their points; that is, to wit, the Great Charter, as the Common Law; and the Charter of our Forest, for the Welch of our Realm.

And we will, that if any Judgment be given from henceforth contrary to the Points of the Charter aforesaid, by the Justices, or by any other of our Ministers that hold Plea before them, against the Points of the Charters, it shall be undone, and holden for nought.

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 cimes by the year.

And that all Archbishops and Bishops shall pronounce the Sentence of Excommunication against all those that by word, deed, or counsel do contrary to the foresaid Charters, thac in any point do break or undo them ; and that the raid Curses be twice a year denounc'd and publish'd by the Prelates aforesaid ; and if the same Prelates, or any of them be remis in the Denunciation of the said Sentences, the Archbishops of Carterbury and York, for the time being, shall compel and distrain them to the Execution of their Duties in form aforesaid.

lates

The Sentence of the Clergy against the Breakers

of the Articles above-mentioned.

N 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 pront of the Realm, bath granted for him, and hu Heirs for ever, these Articles above-written: Robert Archbijl:op of Canterbury, Primate of all England, admoinonishid all his Province once, twice and thrice, because that parties will not suffer so much delay, as to give knowledg to all the people of England of these Presents in writing : We therefore enjoin al Për fans, of what eltate foever they be, that they and every of them, as much bs in them is, Stail uphold and maintain these Articles granted by our Sovereign Lord the King in all points : And all those that in any point do 'rebit, or break, or in any manner hereafter procure, counsel

, er in any wije afsent to, testify, or break those Ordinances, or go about it by word or deed, npenly or privily, by any manner of pretence ! colour ; we, the aforesaid Archbishonp, by our futhority in this writing expresséd, do eauimmunicate and accurle, and from the Body of Lord Jesus Christ, and from all the Company of Heaven, and from all the Sacraments of Holy Church do sequejler and exclude.

We may here see, that in the obscurest times of sottish Popery, they were not left without a sense of Justice, and the necellity of Liberty and Property to be inviolably enjoy'd; which brings us to the Cause of it.

Firft, The Cause of this famous Charter was, as we have already said, the Incroachments that were made by several Ministers of procedent Kings, that almoft became customary, and which had near extinguish'd the free Cuftoms due to 'Engli7-men: How great care it coft our Ancestors, it unbe: comes us to ignore, or by our iilence to neglect. Toke and Muzzle, which fuld not to disable many raging Bears from entring the pleajant l'ireyard of English Freedoms,

otherwise would not have left a fruitful Vine in being. Anon we may give the Reader an account of some, with their Wages as well as Works.

It was that

that

Secondly,

Secondly, The Reason of it is so great, that it seems to be its own. It is the very Image and Expresion of Justice, Liberty, and Property; Points of such eminent Importance, as without which no Government can be said to be Reasonable, but Arbitrary and Tyrannical. It allows every Man that Liberty God and Nature have given him, and the secure Possession of his Property, from the In-road or Invasion of his Neighbour, or any elfe of that Constitution. It justifies no Man in a fault, only it provides equal and just Ways to have the Offender tryd; considering the Malice of many Prosecutors, and the great Value of Liberty and Life,

Thirdly, The End of it was the most noble of any Earthly projection; to wit, The refixing of those shaken Laws, held for many hundred years, by conftant Claim, that they living might be re-instated in their primitive Liberty, and their Poftericy secured in the poffeffion of fo great a happiness.

A mongst those many rich Advantages, that accrew to the free People of England, from this great Charter; and those many confirmatory Statutes of the same, we shall present the Reader with the sight of some few, that may molt properly fall under the Confideration and Inquiry of these present Times, as found in our Common Law-Books.

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First, That every English-man is born free.

Secondly, That ng such Free-man mal be taken, attached, afësed, or imprisoned, by any Petition or Suggestion to the King or bis Council; unless by the Indiet ment or Presentment of good and lawful Men where fuch Deeds be done. 5 Edw.3. Chap.9. 25 Elw. 3. Chap.4. 17 R. 2. Chap. 6. Rot. Parl. 42 Edw.3: Cook 2 Inft. 46.

Thirdly, That no Free-m.in shall be disseiz'd of his Free-hold or Liberties, or free Customs, &c. Hereby is intended, faith Cook, That Lands, Tenements, Goods and Chattels, shall not be seiz'd into the King's hands contrary to this great Charter, doc. 43 Afl. pag.12. 43 Edw. 3. Cook 2. list. 32. Neither shall any fuch Free-man be put from his Livelihood without answer, Cook 2. Inft

. 47. Fourthly, That no Free-m.in full be Out-law'd, unless he proud and hide himself voluntarily from the Justice of the Law, 26 3 Phil.

3 do Mar. Dier. 114. 145;

Fifthly, No Free-man shall be exil'd. Coole says there are but two Grounds upon which any Man may be exild. One by A& of Parliament ( supposing it not contrary to the great Charter.) --The other in case of Abjuration, for Felony by the Common Law, &c. Cook 2. Inft. 47,

Sixthly, No Free-man shall be destroy'd; that is, he shall not be fore-judg’d of Life, Limb, Disinherited, or put to Torture, or Death. Every Oppression against Law, by colour of any usurp'd Au

thority

thority, is a kind of Deftru&tion, and 'tis the worst Oppreffiori that is done by colour of Justice. Cook Instit. 2. 48.

Seventhly. That no Free-man shall be thus taken, or imprison'd, dif Jeiz'd, Out-law'd, exil'd, or destray'd of his Liberties, Free-holds, and free cuftoins, but BI THE LAWFUL JUDGMENT OF HIS PEERS, (vulgarly callid Jury.) So that the Judgment of any Fact or Person is, by this Fundamental Law, refer'd to the Breasts and Consciences of the Jury: it's rendred in Latin PER LEGALE JUDICIUM; that is, Lawful Judgment. From whence it is to be observ'd, that the Judgment must have Law in it, and be according to Law, which cannot be where they are not Judges, how far the Fact is legal, or the contrary; Judicium quasi Juris Di&tum, The Voice of Law and Rigbi. And therefore is their Verdict not to be rejected, because it is suppos’d to be the Truth, according to their Consciences: For Ver di&tis from vere di&tum is, quafi di&tum veritatis, or a true Saying or Judgment, 9 Hen. 3. 29. Cook Inft. 1. 39. Inft. 4. 207. cook fays, that by the word LEGALE, three Things are inply'd.

Firft, That this was by Law before the Statute; and therefore tbs Statute but Declaratory of the antient Law.

2dly, That their Verdict must be legally given. Wherein is to be observ'd, (ift.) Tbe Jury ought to hear no Evidence, but in the hearing and presence of the Prisoner. (2dly.) That they cannot send to ask any Question in Law of the Judges, but in the presence of the Prisoner : for, de facto Jus oritur.

3dly, The Evidence produc'd by the King's Counsel, being given, the Judges cannot colle&t the Evidence, nor urge it by way of Charge to the Jury; nor yet confer with the Jury about tbe évidence, but in the presence of the Prisoner. Cook Inft. 2. 49.

Eighthly, Or by tbe Law of the Land. It is a Synonimous Express fion, importing no more than by a Tryal of Peers, or a Fury: For it is sometimes rendred not cor) disjunctively, but (and) which is connectively, however, it can never fignify any thing contrary to the Old way of Trying by Peers, for then it would be connected to a contradiction.

Besides, cook well observes, that in the 4th Chapter of the 25th Edw. 3. Per Legem Terra, imports no more than a Tryal by due Process, and Writ Original at Common Law, which cannot be without a Jury; therefore, Per Judicium Parum, do por Legem Terra, signify the same Privilege unto the People. Cool Inft. 2. pag. go.

Thus Thus have we presented you with some of those Maxims of Law, dearer to our Ancestors than Life ; Because they are the Defence of the Lives and Liberties of the People of England: It is from this 29th Chapter of the Great Charter, (Great, not for its Bulk, but the Privileges in it) as froin a spacious Root, that so many fruitful Branches of the Law of England springs, if Cook may be credited. But how facred foever they have been efteem'd, and still are by noble and juft Minds; yet so degenerate are some in their Proceedings, that conscious to them. selves of their baseness, they will not dare stand the Touch of this Great Charter, and those just Laws grounded upon it; of which number we may truly rank the Mayor and Recorder of London, with the rest of their wise Companions, in their late Sessions at the Old-Baily, upon the occasion of the Priso'ners.

First, The Prisoners were taken, and imprison'd without Presentment of good and lawful Men of the Vicinage, or the Neighbourhood, but after a military and tumultuous manner, contrary to the Grand Charter.

2dly, They refused to produce the Law upon which they proceeded; leaving thereby the Prisoners, Jury, and whole Asseinbly in the dark.

3dly, They refused the Prisoners to plead, and directly withftood that great Privilege, mention'd in the first Chapter, 35 Edw. I. Where all Justices, Mayors, Sheriffs, and other Ministers, that have the Laws of the Land to guide them, are required to allow the said Charter to be pleaded in all its Points, and in all Causes tbat Mall come before them in Judgment. For no sooner did William Penn, or his Fellow Prisoner, urge upon them the great Charter, and other good Laws, but the Recorder cry'd, Take him away, take him away, put him into the Bale-dock or Hole: From which the Recorder can never deliver himself, unless it be by avowing, the Laws are not his Guide, and therefore does not suffer them to be pleaded before him in Judgment.

4thly, They gave the Jury their Charge in the Prisoner's absence, endeavouring highly to incense the fury against them.

Sthly, The Verdict being given, which is in Law DICTUM VERITATIS, The Voice of Truth her Self, because not sutable to their humour) They did five times reject it, with many abusive, imperious and menacing Expresions to the Jury, (such as no Precedent can afford us) as if they were not the only conftituted Judges by the Fundamental Laws of the Land, but mere Cyphers only, to Signify something behind their Figures.

6thly, Tho the Prisoners were clear'd by their Jury, yet were they continued for the non-payment of their Fines laid upon them, for not pulling off their Hats; in which the Law i notorioully broken.

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(ift.)

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