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act_n law_n parliament_n repeal_v 2,928 5 12.0628 5 false
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A90228 An arrow against all tyrants and tyrany, shot from the prison of New-gate into the prerogative bowels of the arbitrary House of Lords, and all other usurpers and tyrants whatsoever. wherein the originall rise, extent, and end of magisteriall power, the naturall and nationall rights, freedomes and properties of mankind are discovered, and undeniably maintained; ... the late Presbyterian ordinance (invented and contrived by the diviners, and by the motion of Mr. Bacon and Mr. Taet read in the House of Commons) examined, refuted, and exploaded, as most inhumaine, tyranicall and barbarous. / By Richard Overton prerogative archer to the arbitrary House of Lords, their prisoner in New-gate, ... sent by way of a letter from him, to Mr Henry Martin, a Member of the House of Commons. Imprimatur rectat justitia. Overton, Richard, fl. 1646. 1646 (1646) Wing O622; Thomason E356_14; ESTC R201139 14,134 20

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to protect safegard and defend them from all such unnaturall monsters vipers and pests bred of corruption or which are intrusted amongst them as much as in them lies to prevent all such for the future And to that end you have been assisted with our lives and fortunes most liberally and freely with most victorious and happy successe whereby your Armes are strengthned with our might that now you may make us all happy within the confines of this Nation if you please and therfore Sir in reason equity and justice we deserve no lesle at your hands and Sir let it not seem strange unto you that we are thus bold with you for our own For by nature we are the sons of Adam and from him have legitimatly derived a naturall propriety right and freedome which only we require and how in equity you can deny us we cannot see It is but the just rights and prerogative of mankind whereunto the people of England are heires apparent as well as other Nations which we desire and sure you will not deny it us that we may be men and live like men if you doe it will be as little safe for your selfes and posterity as for us and our posterity for Sir look what bondage thraldome or tyrany soever you settle upon us you certainly or your posterity will tast of the dregs if by your present policy and abused might you chance to award it from your selves in particular yet your posterity doe what you can will be liable to the hazard thereof And therefore Sir we desire your help for your own sakes as well as for our selves chiefly for the removall of two most insufferable evils daylie encroaching and encreasing upon us portending and threatning inevitable destiuction and coufusion of your selves of us and of all our posterities namely the encroashments and usurpations of the House of LORDS over the Commons liberties and freedomes together with the barberous inhumaine blood-thirsty desires and endevours of of the Presbyterian Clergy For the first namely the exhorbitances of the LORDS they are to such an hight aspired that contrary to all presidents the free Cōmoners of England are imprisoned fined condemned by them their incomputent illegall unequall improper judges against the expresse letter of Magna char chap. 29. so often urged and used that no free man of England shall be passed upon tryed or condemned but by the lawfull judgement of his equals or by the Law of the Land which as saith Sir Edw. Cooke in his exposition of Mag. chap. 28. last li. is Per pares by his peeres that is by his equals And page 46. branch 1. 2. 5. in these words 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 doe referre to all the pretended matters in this chapter and this hath the first place because the liberty of a mans person is more precious to him then all therest 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 seison or dispossessed of his free-hold that is lands or livelyhood or of his liberties or free customes that is of such franchises and freedomes and free customes as belong to him by his free birthright unlesse it be by the lawfull judgement 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 processes of Law 3. No man shall be in any sort destroyed destruere 1. quod prius structum factum suit penitus evertere dimere unlesse it be by the verdict of his equals or according to the Law of the land And chapter 29. of Magna Charta it is said secundum legem consuetudinem Angliae after the Law and custome of England non Regis Angliae not of the King of England lest it might be thought to bind the King only nec populi Angliae nor of the People of England but that the Law might tend to all it is said per legem terrae by the Law of the Land Magna chapta 29. Against this ancient and fundamentall Law and in the very face thereof saith Sir Edward Cooke he found an Act of the Parliament made in the 11. of Hen. the 7. chap. 3. that as well justices of Peace without any finding or presentment by the verdict of 12. men upon the bare information for the King before them should have full power and authority by their discretions to hear and determine all offences and contempts committed or done by any person or persons against the forme ordinance and effect of any Statute made and not repealed by colour of which Act shaking this fundamentall Law it is not credible saith he what horrible oppressions and exactions to the undoing of infinite numbers of people were committed by Sir Richard Empson Knight and Edmund Dudly being Justices of the Peace through England and upon this unjust and injurious act as commonly in the like cases it falleth out a new Office was errected and they made masters of the Kings Forfitures But at the Parliament holden in the 1. of Hen. 8. chap. 6. this Act of Hen. 7. is receited made void and Repealed and the reason thereof is yeelded for that by force of the said Act it was manifestly known that many sinister crafty and forged informations had been pursued against divers of the Kings Subjects to their great damage and unspeakable vexation a thing most frequent and usuall at this day and in these times the ill successe whereof together with the most fearfull end of these great Oppressors should deterre others from committing the like and should admonish Parliaments in the future that in stead of this ordinary and precious try all Per legem Terrae they bring not in an absolute and parciall tryall by discretion Cooke 2. institute folio 51. And to this end the Judgement upon Symond de Berefrrd a Commoner in the 4. yeare of Edw. 3. is an excellent precident for these times as is to be seen upon record in the Tower in the second Roll of Parliament held the same yeare of the said King and delivered into the Chancery by Henry de Edenston Clerk of the Parliament for that the said Simon de Bereford having counselled aided and assisted Roger de M●●timer to the murther of the Father of the said King the King commanded the Earles and Barons in the said Parliament Assembled to give right and lawfull judgement unto the said Symon de Bereford But the Earles Barons and Peers came before the Lord the King in the same Parliament and said with one voice that the aforesaid Simon was not their Peer or equall wherefore they were not bound to judge