fame Laws, that his Kinfman Edward the Confeffor did. This Doctrine remain'd in the general unquestion'd, to the Reign of King John, who imperiously thought that Voluntas Regis, and not Salus Populi, was Suprema Lex; or the King's. Will was the Supreme Law, and not the People's Preferva-, tion: till the incens'd Barons of that time betook themselves to a vigorous Defence of their antient Rights and Liberties, and learnt him to keep thofe Laws by a due Reftraint and timely Compulfion, which his former Invafion of them evidenc'd to the World he would never have done willingly.

Sect. 12. The Proposals and Articles of Agreement, with the Pledges given to the Barons, on the behalf of the People by the King, were confirm'd in Henry III's time, his Son and Succeffor; when the abused, flighted, and difregarded Laws by his Father, were thought fit to be reduc'd to Record, that the People of England might not for ever after be to seek for a written recorded Law to their Defence and Security: for, Mifera Servitus eft ubi Jus eft vagum aut incognitum. And fo we enter upon that Grand Charter of Liberty and Privilege, in the Cause, Reason, and End of it.

Sect. 1. We fhall firft rehearse it, fo far as we are concern'd, (with the Formalities of Grant and Curfe) and fhall then fay fomething as to the Caufe, Reafon, and End of it.

A Rehearsal of the Material Parts of the Great Charter of England.

9 H. 3. confirm'd 28 E.3.

HENRY, by the Grace of God, King of England, &c. To all Archbishops, or Earls, Barons, Sheriffs, Provofts, Omcers, and to all Bailiffs, and our faithful Subjects, who fhall fee this prefent Charter, Greeting. Know ye that we, unto the Honour of Almighty God, and for the Salvation of the Souls of our Progenitors, and our Succeffors, Kings of England, to the Advancement of Holy Church, and Amendment of our Realm, of our mere and free Will have given and granted to all Archbishops, &c. and to all Freemen of this our Realm, thefe Liberties under-written, to be holden and kept in this our Realm of England for evermore.

Chap.1. The

Form of antient Acts, &c. Coke 2. Inft.

fol. 2.

We have granted and given to all Freemen of our Realm, for us and our Heirs for evermore, theje Liberties underwritten, to have and to hold, to them and to their Heirs, of us and our Heirs forenam'd.

A

A Freeman fhall not be amerced for a fmall Chap. 14. Fault, but after the quantity of the Fault.

And for a great Fault, after the manner thereof, faving to him his Contenements or Free-hold. And a Merchant likewife fhall be amerced, faving to him his Merchandize; and none of the faid Amercements fhall be affefs'd, but by the Oath of good and honeft men of the Vicinage.

No Freeman fhall be taken or imprifoned, nor Chap. 29. be diffeized of his Freehold, or Liberties, or

free Cuftoms, or be outlaw'd, or exil'd, or any other ways deftroy'd; nor we fhall not pafs upon him, nor condemn him, but by lawful Judgment of his Peers, or by the Law of the Land. We fhall fell to no man, we fhall deny nor defer to no Man either Juftice or Right.

And to all thefe Cuftoms, Liberties aforefaid, which we have granted to be holden within this our Realm, as much as appertaineth to us and our Heirs, we fhall obferve; and all Men of this our Realm, as well Spiritual as Temporal (as much as in them is) fhall obferve the fame against all Perfons in likewife. And for this our Gift, and Grant of thefe Li berties, and for other contain'd in our Charter of Liberties of our Fort, the Archbishops, Bifhops, Abbots, Priors, Earls, Barons, Knights, Freeholders, and other our Subjects, have given unto us the fifteenth parts of all their Movables: And we have granted unto them on the other part, That neither We, nor our Heirs fhill procure or do any thing whereby the Liberties in this Charter contain'd fhall be infring'd or bre ken; and if any thing be procur'd by any Perfon contrary to the Premifes, fhall be had of no force or effect. There being Witneffs, Boniface Archbishop of Canterbury, &c. We ratifying, and approving thofe Gifts and Grants aforesaid, confirm and make firong all the fame, for us and our Heirs perpetually, and by the Tenor of thefe Prefents do renew the fame willingly; and granting for us and our Heirs, that this Charter, in all and fingular its Articles, for evermore shall be ftedfaftly, firmly, and inviolably obferv'd. And if any Article in the fame Charter contain'd, yet hitherto peradventure hath not been obferv'd nor kept, we will, and by our Authority Royal command, from henceforth firmly they be obferv'd. Witness, &c.

The Sentence of Curfe given by the Bishops, with the King's Confent, against the Breakers of the Great Charter.

I

N the Year of our Lord 1253. the third day of May, in the great Hall of the King at Westminster, in the prefence, and by the Confent 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, Marfhal of England; Humphry Earl of Hereford; Henry Earl of Oxford; John Earl Warren; and other Eftates of the Realm of England: We Boniface, by the mercy of God, Archbishop of Canterbury, Primate of England, F. of London, H. of Ely, S. of Worcester, E. of Lincoln, W. of Norwich, P. of Hereford, W. of Salisbury, W. of Durbam, R. of Excefter, M. of Carlisle, W. of Bath, E. of Rochefter, T. of St. Davids; Bifhops, apparel'd in Pontificals, with Tapers burning, againft the Breakers of the Church's Liberties, and of the Liberties and other Cuftoms of this Realm of England; and namely thefe which are contain'd in the Charter of the common Liberties of England, and Charter of the Foreft, have denounc'd Sentence of Excommunication in this form, by the Authority of Almighty God, the Father, the Son, and the Holy Ghoft, c. of the bleffed Apoftles Peter and Paul, and of all Apoftles, and of all Martyrs, of bleffed Edward King of England, and of all the Saints of Heaven; We excommunicate and accurse, and from the Benefits of our holy Mother the Church we fequefter all thofe that hereafter willingly and maliciously deprive or fpoil the Church of her Right; and all thofe that by any craft or willingness, do violate, break, diminish, or change the Church's Liberties, and free Cuftoms contain'd in the Charters of the common Liberties, and of the Foreft, granted by our Lord the King to Archbishops, Bishops, and other Prelates of England, and likewife to the Earls, Barons, Knights, and other Freeholders of the Realm. And all that fecretly and openly, by deed, word, or couhfel do make Statutes, or obferve them being made, and that bring in Cuftoms to keep them, when they be brought in, against the faid Liberties, or any of them, and all thofe that fhall prefume to judg against them; and all and every fuch Perfon, beforemention'd, that wittingly fhall commit any thing of the Premifes

Premifes, let them well know that they incur the aforefaid Sentence ipfo fa&io.

A Confirmation of the Charters and Liberties of England, and of the Foreft, made the twenty fifth Year of Edward the First.

Edward,

Dward, by Grace of God, King of England, Lord of Ireland, Duke of Guyen; To all thofe that these present Letters thall hear or fee, 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 Foreft, which were made by common-Affent of all the Realm, in the time of King Henry our Father, fhall be kept in every point without breach. And we will that the fame Charters fhall be fent under our Seal, as well to our Juftices of the Forreft, as to others, and to all Sheriffs of Shires, and to all our other Officers, and to all eur Cities throughout the Realm, together with our Writs; in the which it fhall be contain'd, that they cause the aforefaid Charters to be publish'd, and to declare to the People, that we have confirm'd them in all points: And that our Juftices, Sheriffs, Mayors, and other Minifters, which under us have the Laws of our Land to guide, fhall allow the fame 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 Foreft, for the Welch of our Realm.

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

And we will that the fame Charters fhall be sent under our Seal to Cathedral Churches throughout our Realm, there to remain; and fhall be read before the People two times by the year.

And that all Archbishops and Bishops fhall pronounce the Sentence of Excommunication against all thofe that by word, deed, or counsel do contrary to the forefaid Charters, or that in any point do break or undo them; and that the faid Curfes be twice a year denounc'd and publish'd by the Pre

lates

lates aforefaid; and if the fame Prelates, or any of them be remi's in the Denunciation of the faid Sentences, the Archbishops of Canterbury and York, for the time being, fhall compel and diftrain them to the Execution of their Duties in form aforefaid.

The Sentence of the Clergy against the Breakers of the Articles above-mentioned.

I

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 ef Holy Church, and for the common profit of the Realm, hath granted for him, and his Heirs for ever, thefe Articles above-written: Robert Archbishop of Canterbury, Primate of all England, admomonifh'd all his Province once, twice and thrice, because that shortness will not suffer fo much delay, as to give knowledg to all the People of England of thefe Prefents in writing: We therefore enjoin all Perfons, of what eftate foever they be, that they and every of them, as much us in them is, fhall uphold and maintain thefe Articles granted by our Sovereign Lord the King in all points: And all those that in any point do refift, or break, or in any manner hereafter procure, counsel, or in any wife affent to, testify, or break those Ordinances, or go about it by word or deed, openly or privily, by any manner of pretence er colour; we, the aforesaid Archbishop, by our Authority in this writing expreffed, do excommunicate and accurse, and from the Body of our Lord Jefus Chrift, and from all the Company of Heaven, and from all the Sacraments of Holy Church do fequefler and exclude.

We may here fee, that in the obfcureft times of fottish Popery, they were not left without a fenfe of Juftice, and the necellity of Liberty and Property to be inviolably enjoy'd; which brings us to the Cause of it.

Firft, The Caufe of this famous Charter was, as we have already faid, the Incroachments that were made by several Ministers of precedent Kings, that almoft became cuftomary, and which had near extinguifh'd the free Cuftoms due to English-men: How great care it coft our Ancestors, it unbecomes us to ignore, or by our filence to neglect. It was that Toke and Muzzle, which fail'd not to difable many raging Bears from entring the pleajant Vineyard of English Freedoms, that otherwife would not have left a fruitful Vine in being. we may give the Reader an account of fome, with their Wages as well as Works.

Anda

Secondly,