other ways deftroy'd; nor we will not pass upon him, nor condemn bim, but by lawful judgment of his Peers, &c.

A Free-man fhall not be amerced for a small fault, but after the manner of the fault, and for a great fault, after the greatness thereof; and none of the faid Amer cement fhall be affeffed, but by the Oath of good and lawful Men of the Vicinage.

Firft, It afferts English-men to be free; that's Liberty. Secondly, That they have Free-holds that's Property. Thirdly, That Amercement, or Penalties, fhould be proportioned to the faults committed; which is Equity.

Fourthly, That they thall lofe neither, but when they are adjudged to have forfeited them, in the judgment of their honeft Neighbours, according to the Law of the Land; which is lawful Judgment.

It is eafy to difcern to what pass the Enemies of the Great Charter would bring the People.

Firft, They are now Free-men; but they would have them Slaves.

Secondly, They have now Right unto their Wives, Children, and Eftates, as their undoubted Property; but fuch would rob them of all.

Thirdly, Now no Man is to be amerc'd, or punifh'd, but futably to his fault; whilft they would make it futable to their revengeful minds.

Fourthly, Whereas the Power of Judgment lies in the Breafts and Confciences of twelve honeft Neighbours; they would have it at the discretion of mercenary Judges. To which we cannot chufe but add, That fuch Difcourfes manifeftly strike at this prefent Conflitution of Government; for it being founded upon the Great Charter (which is the Antient Common Law of the Land) as upon its beft Foundation, none can defign the cancelling of the Charter, but they muft neceffarily intend the extirpation of the English Government: For where the Cause is taken away, the Effect muft confequently ceafe. And as the Restora tion of our antient English Laws, by the Great Charter, was the foveraign Balfam which cured our former Breaches, fo doubtless will the continuation of it prove an excellent prevention to any future diftur

bances.

But fome are ready to object, That the Great Charter confifting as well of Religious as Civil Rights; the former having receiv'd an Alteration, there is the fame reason why the latter may have the like.

To which we answer, That the reafon of Alteration cannot be the fame; therefore the Confequence is falfe: The one being Matter of Opinion, about Faith and Religious Worship, which is as various as the unconftant Apprehenfions of Men:

but

but the other is Matter of fo immutable Right and Juftice, that all Generations (however differing in their Religious Opinion) have concenter'd and agreed to the certainty, equity, and indifpenfable neccffity of preferving thefe Fundamental Laws; fo that Magna Charta hath not rifen and fallen with the differing religious Opinions that have been in this Land, but have ever remain'd as the ftable Right of every individual English-man, purely as an English-man. Otherwife, if the Civil Privileges of the People had fallen with the pretended Religious Privileges of the Popish Tyranny, at the firft Reformation (as muft needs be fuggefted by this Objection) our Cafe had ended here, That we had obtain❜d a Spiritual Freedom at the cost of a Civil Bondage; which certainly was far from the intention of the first Reformers, and probably an unfeen Confequence, by the Objectors, to their idle Opinion.

In fhort, there is no time in which any Man may plead the Neceffity of fuch an Action, as is unjuft in its own Nature, which he muft unavoidably be guilty of, that doth deface or cancel that Law by which the Juftice of Liberty and Property is confirm'd and maintain'd to the People. And confequently, that no perfon may legally attempt the Subverfion, or Extenuation of the force of the Great Charter, we fhall proceed to prove from Inftan ces out of both.

ift. Any Judgment given contrary to the faid Charter, is to be undone, and holden for mought. 25 Edw. 1. Chap. 2.

2dly. Any that by Word, Deed, or Counsel, go contrary to the said Charter, are to be Excommunicated by the Bishops: And the Archbishops of Canterbury and York, are bound to compel the other BiShops to denounce Sentence accordingly, in case of their remisness, or neglet; which certainly hath relation to the State, rather than the Church; Since there was never any neceffity of compelling the Bishops to denounce Sentence in their own Cafe, tho frequently in the Peoples. 25 Edw. 1. Chap. 4.

3dly, That the Great Charter, and Charter of Foreft, be holden and kept in all Points; and if any Statute be made to the contrary, that it shall be holden for nought. 42 Edw. 3. 1. Upon which Cook, that famous English Lawyer, faid, That albeit Judgments in the King's Court are of high regard in Law, and Judicia are accounted as Juris Dicta: Yet it is provided by Act of Parliament, That if any Judgment be given contrary to any of the Points of the Great Charter, it fhall be bolden for nought.

He further faith, That upon the Statute of the 25th Edw. 1. Chap. 1. That this Great Charter, and the Charter of Foreft, are properly the Common Law of this Land, or the Law is Common to all the People thereof.

4thly, Another Statute runs thus: If any force come to disturb the Execution of the Common Law, ye shall cause their Bodies to be arrefted, and put in Prison: Te fhall deny no Man right by the King's Letters, nor counfel the King any thing that may turn to his damage, or difberifon, 18 Edw. 3. Chap. 7. Neither to delay Right by the great and little Seal. This is the Judg's Charge and Oath. 2 Edw.3. Chap. 8. 14 Edw. 3. 14. 11 R. 2. Chap. 10.

5thly, Such care hath been taken, for the prefervation of this Great Charter, that in the 25th of Edw. 1. it was enacted, That Commiffioners fhould iffue forth, that there should be chosen in every Shire-Court, by the Commonalty of the fame Shire, three fubftantial Men, Knights, or other lawful, wife, and well-difpos'd Perfons, to be Juftices; which shall be aligned by the King's Letters Patents, under the Great Seal, to hear and determine (without any other Writ, but only their Commifion) fuch Plaints as fhall be made upon all thofe that commit, or offend against any Point, contain'd in the aforesaid Charters. 28 Edn. 1. Chap. 1.

6thly, The Neceffity of preferving thefe Charters hath appear'd in nothing more, than in the care they have taken to Confirm them; which, as, Cook obferves, hath been by Thirtytwo Parliaments confirm'd, eftablish'd, and commanded to be put is execution, with the condign Punishment they had inflicted up on the Offenders. Cook's Proem to the fecond Book of his Inftitut.

7thly, That in the notable Petition of Right, many of thefe great Privileges, and free Cuftoms, contain'd in the aforefaid Charters, and other good Laws, are recited and confirmed, 3 Car. I.

Sthly, The late King, in his Declaration at New-Market, 1541. acknowledged the Law to be the Rule of his Power: By which he doubtless intended Fundamental Laws, fince it may be the great Advantage of Countries, fometimes to fufpend the execution of Temporary Laws.

Having fo manifeftly evidenc'd that venerable Efteem our Anceftors had of that Golden Rule (the Great Charter) with their deep Solicitude to preferve it from the defacing of Ufurpa tion and Faction; we fhall proceed to give an account of their juft Refentment and carneft Profecution against fome of thole, who in any Age have adventured to undermine that antient Foundation, by introducing an Arbitrary way of Government.

First, As Judicious Lambard reports in his Saxon Transla tion; That the Kings, in those days, were by their Coronation-Oaths obliged to keep the antient Fundamental Laws and Customs of this Land, (of which this Great Charter is but declaratory) so did King Alfred (reputed the moft famous Compiler of Laws amongf

them)

them) give this difcovery of his Indignation against his own Judges, for Allions contrary to thofe Fundamental Laws, that he commanded the execution of forty of them; which may be a feasonable Caveat to Judges of our Times.

Secondly, Hubert de Burgo, once Chief Juftice of England, (having advifed Edw. 1. in the 11th Year of his Reign, in his Council holden at Oxford, to cancel this Great Charter, and that of the Foreft) was justly fentenced according to Law, by his Peers, in open Parliament. When the Statute call'd CONFIRMATIONES CHARTARUM was made; in the first Chapter whereof, Magna Charta is peculiarly call'd the Common Law, 25 Edw. 1. Chap. 2.

Thirdly, The Spencers (both Father and Son) for their ar bitrary Domination, and rafh and evil Counsel to Edward the Second (by which he was feduced to break the Great Charter) were banish'd for their pains, as Cook relates.

Fourthly, The fame Fate attended Trefilian and Belknap for their illegal Proceedings.

Fifthly, The Breach of this Great Charter was the ground of that exemplary Justice, done upon Empfon and Dudley, whofe Cafe is very memorable in this Point: For tho they gratified Henry the Seventh in what they did, and had an A&t of Parliament for their Warrant, made the 11th of his Reign; yet met they with their due Reward from the hands of Justice, that All being against Equity and Common Reason, and fo no justifiable Ground or Apology for thofe frequent Abufes and Oppreffions of the People they were found guilty of. Hear what the Lord Cook further faith concerning the Matter: "There was an Act of Parliament made in the 11th Year of "King Henry the Seventh, which had a fair flattering Preamble, pretending to avoid divers mifchiefs, which were (1ft) The "high Displeasure of Almighty God. (2d) The great Let of the Com' mon Law. And (3d) The great Let of the Wealth of this Land. "And the Parvien of that A&, tended in the Execution contrary, EX DIAMETRO, viz. To the high Displeasure of Al"mighty God, and the great Let, nay the utter Subverfion of the Common Law, and the great Let of the Wealth of this Land, as hereafter shall appear: The fubftance of which A, follows in thefe words:

cr

το

That from thenceforth, as well Justices of Afize, as Juftices of the Peace, in every County, upon Information for the King before them made, without any Finding or Prefentment by Twelve Men, Shall have full Power and Authority, by their discretion, to hear and determine all Offences, as Riots, unlawful Affemblies, &c. committed and done against any All or Statute made, and not repeal'd, &c. (a Cafe that very much resembles this of our own Times.)

"By pretext of this Law, Empson and Dudley did commit "upon the Subjects unfufferable Preffure and Oppreffions; " and therefore this Statute was justly, foon after the decease of "Hen. 7. repealed, at the next Parliament after his decease, by "the Statute of 1 Hen. 8. Chap. 6.

"A good Caveat to Parliaments, to leave all Causes to be measur'd "by the Golden and Streight Metwand of the Law, and not to the "uncertain and crooked Cord of Difcretion.

"It is almoft incredible to forefee, when any Maxim or Fun"damental Law of this Realm is alter'd (as elsewhere hath been "obferv'd) what dangerous inconveniences do follow; which moft "exprefly appeareth by this moft unjuft and ftrange Act of "the 11th of Hen. 7. For hereby, not only Empfon and Dudley "themselves, but fuch Juftices of Peace (corrupt Men) as "they caufed to be authoriz'd, committed moft grievous and "heavy Oppreffions and Exactions; grinding the Faces of the "poor Subjects by Penal Laws (be they never fo obfolete, or "unfit for the time) by Information only, without any Pre"fentment or Tryal by Jury, being the antient Birth-right "of the Subject; but to hear and determine the fame, by their "difcretions; inflicting fuch Penalty, as the Statute not re"pealed, impos'd. Thefe and other like Oppreffions and Ex"actions by, or by the means of Empfon and Dudley, and their "Inftruments, brought infinite Treafure to the King's Cof"fers; whereof the King himself, at the end, with great "grief and compunction, repented, as in another place we "have obferv'd.

"This Statute of the 11th of Hen. 7. we have recited, and "fhewed the juft inconveniences thereof; to the end, that the "like fhould never hereafter be attempted in any Court of "Parliament; and that others might avoid the fearful End of "thofe two Time-fervers, Empfon and Dudley, Qui eorum nequitiu "infiftunt, corum exitus perhorrefcant.

"See the Statute of 8 Edw. 4. Chap. 2. A Statute of Live"ries, an Information, &c. By the difcretion of the Judges, "to ftand as an Original, &c. This Act is defervedly repeal'd, ❝vide 12 R. 2. Chap. 13. Punishment by Difcretion, c. "vide 5th of Hen. 4. Chap. 6, 8. See the Commiffion of "Sewers: Difcretion ought to be thus defcrib'd; Discretio eft difcernere per Legem, quid fit juftum. From whence three Things "feem molt remarkable.

Firft, The great Equity and Juftice of the Great Charter, with the high Value our Anceitors have moft deservedly fet upon it.

Secondly, The dreadful Maledictions, or Curfe, they have denounc d upon the Breakers of it; with thofe exemplary

Punish