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act_n king_n parliament_n repeal_v 4,000 5 12.1621 5 true
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A49316 The prerogative of the monarchs of Great Brittain asserted according to the antient laws of England. Also, A confutation of that false maxim, that royal authority is originally and radically in the people. By Bartholomew Lane, Esq; Lane, Bartholomew. 1684 (1684) Wing L330; ESTC R222011 59,818 160

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resolv'd by the Statute of the 25 Ed. 3. c. 4. where per legem terrae is expounded to be by due Process of the Law For thus the words run Whereas it is contained in the Great Charter c. that no Man shall be imprison'd c. It is accorded assented and stablish'd That no Man shall be taken by Petition or Suggestion to our Lord the King or his Council unless it be by Indictment or Presentment of his 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 Nor that none be outed of his Franchise or his Freehold unless he be duly brought in answer and forejudg'd of the same by the Course of the Law And if any thing be done against the same it shall be redress'd and holden for none Upon which words the Lord Cook observes that Process of Law is twofold By the Kings Writ or by due proceeding and Warrant either in Deed or in Law without Writ Which latter way of Proceeding is against Criminals where there is good Witness against the Offender And Evidence must proceed from persons of good Fame Credit and Honesty not from debauch'd malevolent and scandalous Informers And therefore the Law requires that they who grant any such Warrant have lawful Authority that the Warrant be lawful and under Hand and Seal that the Cause be specify'd in the Warrant and lastly that the intent of the Warrant be Legal for the safe Custody of the Party till he be deliver'd by due course of Law Which is plain from the Stile of our Habeas Corpus's Vt Justiciarii nostri visa causa fieri faciant quod de Jure secundum Legem Consuctudinem Regni Nostri Angliae foret faciendum In farther proof of which Exposition we sind it Enacted in the 27 of Ed. 3. c. 3. That no Man of what Estate or Condition that he be shall be put out of Land or Tenement nor taken nor imprison'd nor disherited nor put to death without being brought to answer by due Process of the Law Which last words expounding and fully answering the doubt upon per Legem terrae plainly evince the Law of the Land to be such that no Man ought to receive detriment either in Person or Estate before legal Trial and due proof of the Offence True it is that the Lord Cook brings an Instance of an Act of Parliament made in the face of this Fundamental Law of Magna Charta in the 11th year of Hen. 7. That as well Justices of Assize as Justices of the Peace without any finding or Presentment of Twelve Men upon a bare Information for the King before them made should have full Power and Authority by their discretions to hear and determine all Offences and Contempts committed or done against the form of any Statute in force and not repeal'd But the Fence of Common Justice being thus broken what ensu'd By this Act shaking the Fundamental Law of Magna Charta it is not credible saith He what Oppressions and Extortions to the Ruine of infinite numbers of People were committed by Empson and Dudley Therefore in th first year of Hen. 8. that Act was repeal'd and made void and the reason is given For that by force of the said Act many sinister crafty feigned and forg'd Informations had bin pursu'd against divers of of the Kings Subjects to their great Damage and wrongful vexation So that even Acts of Parliament themselves if they entrench upon the Subjects Liberty grounded upon the sacred meaning and intent of this Fundamental Law of Magna Charta are as liable to be put to death as any that offend against the justest Ordinances of the Realm Neither was this a thing that scap'd the consideration of former Princes And therefore to prevent so foul a miscarriage by the best means that could be It was Enacted at Westminster in the Third year of Ed. 1. That because all Elections ought to be free no Man should under grievous forfeiture by force malice or menaces disturb any to make free Election It being the ancient maxime of the Law Fiant Electiones Rite libere sine aliqua interruptione Let all Elections be due and Free By the 1 Hen. 5.1 it is ordained and Established That the Citizens and Burgesses of the Cities and Boroughs be chosen of Men Citizens and Burgesses Resiant and dwelling and free in the same Cities and Boroughs and no otherwise The like provision is also made by the 23 of Hen. 6. c 15. Nor was there less care taken to commit the charge of Elections to Men of Substance and Estate besides that all Sheriffs and Mayors and others concern'd are lyable to great Fines and Actions of the parties injur'd for undue Returns For it might be well thought that Persons of Credit and Reputation in the places of their Birth or long habitation and where their Fortunes lye will be more tender of the Common Good and welfare of their Friends Relations and Neighbours with whom they have daily Converse then Strangers creeping in at the back dores of vast Expence and Purchase to gratifie their own Ambition Which sort of Ambitus by the Culpurnian Law among the Romans was punish'd by heavy Fine on the Canvasser beside that he was afterwards render'd uncapable of being Elected into a Senators place And the same Law was also after that ratify'd by the Senate in the Consulship of Tullius and Antonius And by the Tullian Law the Commonalty themselves offending in that point were also most severely punish'd beside that the Canvassers were to suffer ten years Exilement And thus we may see how vigilant even our Princes themselves have bin to set strong Watch and Ward about the Election of our Law-makers and Preservers But if needy Corporations will sell their Rights and surrender the Fortress of wholsome Statutes to Philip of Macedon's laden Mules they must not blame the steady Ordinances of the Realm and the just Provisions of their most Noble Princes but their own Edomite Hunger after the Amiable Pottage There is a second Question which may be propounded by some Where the Remedy lies if a Man be wrong'd or injur'd contrary to the Law of the Land To which the Lord Cook himself replies That every Act of Parliament made against any Injury Mischief or Grievance either expresly or impliedly give a remedy to the party wrong'd which also is done by many Chapters of the Great Charter and therefore he may have an Action grounded upon the Charter it self And that moreover it is provided by the 36 Ed. 3. That if any Man feeleth himself griev'd contrary to any Article in any Statute he shall have his present Redress in Chancery that is by Original Writ by force of the said Articles and Statutes That Nation would enjoy a most perfect Happiness indeed that were not sometimes liable to the incroaching Distempers and Corruptions of a sickly Government The most healthy person