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act_n power_n spiritual_a temporal_a 2,523 5 9.3508 5 false
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A40936 The liberty of the subject by Magna Charta, or, Several weighty things to be considered of by the jurors and judges, seeing the law of England is said to be a law of mercy and doth take care jurors be of the next neighbourhood ... R. F. (Richard Farnworth), d. 1666. 1664 (1664) Wing F489; ESTC R14907 12,991 26

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THE Liberty of the Subject BY Magna Charta OR Several weighty things to be considered of by the Jurors and Judges seeing the Law of ENGLAND is said to be a Law of Mercy and doth take care that Jurors be of the next Neighbourhood most sufficient Men and Persons that are least suspicious And that Judges and Ministers of Justice are to do even Law and Execution of Right to all Men rich and poor without respect of persons And That MAGNA CHARTA and the Charter of the Forrest are to be allowed in all their points and that if any Judgement be given contrary to the Points of the Charters by any of the Kings Ministers of Justice it is to be undone and holden for naught 25. Ed. 1. c. 1.2 Likewise No man is to be put to answer without presentment before Justices or matter of Record by due process or by Writ Original according to the old Law of the Land and if any thing be done to the contrary it shall be void in Law and holden for errour 42 Ed. 3. cap. 3. Written in the 6th Month 1664. THE Liberty of the Subject BY Magna Charta OR Several serious and weighty confiderations as hereafter followeth 1. Because the Innocent shall not be worn and wasted by long Imprisonment 2. That Prisoners for criminal causes when they are brought to their Tryal be humanely dealt withal 3. The Judge ought to exhort him to answer without fear and that Justice shall be duly administred unto him c. FOrasmuch as the Law of England is said to be a Law of Mercy and that three things are favoured in Law 1. Life 2dly Liberty And 3dly Dowre And That there are two things which the Law delights in First To have things openly and solemnly done Secondly Certainty Cook 2. part Institut fol. 315.316 for Truth is said to be the Mother of Justice and Certainty the Mother of quietness and repose Cook 1. part Institut fol. 224.39 What care therefore ought the Jurors and Judges to have in executing the late Act made for preventing and suppressing seditious Conventicles that they may not do things uncertainly nor unjustly and without mercy nor that they may not seek to suppress the Truth and People of God instead of suppressing Sedition and preventing Insurrection nor that they may not punish the Innocent instead of the Guilty Ought they not in order to the Executing of the said Act to take these things hereafter following into due and serious consideration First That religious and godly Meetings which are only for the Service and Worship of God are neither accounted unlawful Assemblies nor prohibited or punishable by the said Act. But seditious and ungodly Meetings are prohibited and punishable thereby For it is sedition and contriving Insurrection at Meetings under colour of Religious Worship that makes Meetings to be unlawful Assemblies and seditious Conventicles punishable by the said Act and not such godly religious Meetings as are far off and free from Sedition in word or action and also from designing or contriving any Insurrection Secondly That such Meetings upon the account of Religion and Worship of God as are not contrary to the manner allowed by the Liturgy or practice of the Church of England are not prohibited nor punishable by the said Act but ought to be freed from the force of the penalties in that case provided Thirdly That for people to assemble and meet together without any intent either to sowe Sedition or to contrive Insurrection but onely to wait upon the Lord in the way of his Worship and to preach and pray and to perform duty and service to God at any time or in any place according to the gift and requirings or teachings of the Word and Spirit of God is not contrary to what is allowed by the Liturgy of the Church because the Liturgy alloweth the same Fourthly That for persons and people to assemble and meet together under colour of religious Worship with an intent to contrive Insurrection is to meet in other manner then is allowed by the Liturgy or practise of the Church because neither the Liturgy nor practise of the Church alloweth of any such things Fifthly Otherwise ought not the Jurors and Judges to consider whether according to Law and in order to a certain legal determination of the matter in a legal manner it ought not first to be determined by the Spiritual Judges viz. What Meetings upon the account of Religion and Worship of God are allowed by the Liturgy of the Church or contrary to the manner allowed by the Liturgy or practise of the Church before the Jurors or temporal Judges ought to finde a verdict and passe Judgement accordingly to punish the persons and people for such matters and causes seeing it is a spiritual matter and cause being about the Service and Worship of God Sixthly Ought they not to consider whether it belongs unto them to judge and condemn persons for spiritual causes and matters of Conscience in things appertaining to the Worship of God or whether they ought not to disclaim it as not belonging to their jurisdiction because they do not sit and act as Judges in a spiritual capacity but in a temporal for is not the body politick divided into two parts the one part called by the name of spirituality and the other called the temporality and are not their powers distinct the one to hear and determine spiritual matters and causes and the other to hear and determine temporal causes and matters and hath not the body spiritual power when any cause of the Law Divine happens to come in question or of spiritual learning to declare and determine all such doubts and to administer all such offices and duties as to their room spiritual doth appertain and are not the Laws Temporal for tryal of property of Lands and Goods and for the conservation of the people of this Realm in unity and peace without ravine or spoil by the Temporal Judges and the other by the Spiritual Judges 24. H. 8. c. 12. or as by the Statute appeareth see the Statute 24. Hen. 8. cap. 12. Seventhly Ought they not to consider that people are not to be punished by the late Act for the Service and Worship of God but for meeting together to sowe Sedition or to contrive Insurrection under pretence of Religious Worship and must it not be made apparent and evident that they do so viz. sowe Sedition or contrive Insurrection before they can or ought truly according to Law be found guilty or condemned by the late Act so as to suffer the penalties thereof Eighthly ought not they to consider 1. Against what persons and practises the remedies by the said Act are provided 2. Who they are that come within the reason of the Act. 3. For what end the penalties are to be executed And 4. What Meetings are accounted and declared by the said Act to be unlawful Assemblies and punishable thereby that those may not be punished