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cause_n court_n justice_n law_n 3,065 5 4.7299 4 true
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A37642 Anno Regni Caroli Regis Angliæ, Scotiæ, Franciæ, & Hiberniæ, decimo septimo, at the Parliament begun at Westminster the third day of November, Anno Dom. 1640 in the 16. year of the reign of our Most Gracious Sovereign Lord, Charles, by the grace of God, of England, Scotland, France, and Ireland, King, Defender of the Faith, &c.; Laws, etc. England and Wales.; England and Wales. Parliament.; England and Wales. Sovereign (1625-1649 : Charles I) 1641 (1641) Wing E1246; ESTC R5264 8,420 13

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promotion of any other person whatsoever urge inforce tender give or minister unto any Churchwarden Sideman or other person whatsoever any corporal oath whereby he or she shall or may be charged or obliged to make any presentment of any crime or offence or to confesse or to accuse him or her self of any crime offence delinquencie or misdemeanour or any neglect matter or thing whereby or by reason whereof be or she shall or may be liable or exposed to any censure pain penaltie or punishment whatsoever upon pain and penaltie that everie person who shall offend contrarie to this Statute shall forfeit and pay trebble damages to every person thereby grieved and the sunt of one hundred pounds to him or them who shall first demand and sue for the same which said trebble damages and sum of one hundred pounds shall and may be demanded and recovered by action of debt bill or plaint in any Court of Record wherein no priviledge Essoine protection or wager of Law shall be admitted or allowed to the Defendant And be it further enacted That every person who shall be once convicted of 〈◊〉 or offence prohibited by this Statute shall for such act or offence be 〈◊〉 and after such conviction utterlie disabled to be or continue in any off●●● or imployment in any Court of Iustice whatsoever or to exercise or execute any power authoritie or Iurisdiction by force of any Commission or Letters Pattents of the King his Heirs or Successours And be it further Enacted That from and after the said first day of August no new Court shall be erected ordeined or appointed within this Realm of England or Dominion of Wales which shall or may have the like power Iurisdiction or authoritie as the said high Commission Court now hath or pretendeth to have But that all and every such Letters Pattents Commissions and Grants made or to be made by his Majestie his Heirs or Successors And all powers and authorities granted or pretended or mentioned to be granted thereby and all Acts Sentences and Decrees to be made by vertue or colour thereof 〈◊〉 be utterlie void and of no●● 〈◊〉 ANNO XVII Caroli Regis ¶ An Act for regulating of the Privy Councell and for taking away the Court commonly called the Star-Chamber WHereas by the great Charter many times confirmed in Parliament It is enacted That no Freeman shall be taken or imprisoned or disseised of his Fréehold or Liberties or frée Customes or be Outlawed or exiled or otherwise destroyed and that the King will not passe upon him or condemn him but by lawful Iudgment of his Péers or by the Law of the Land And by another Statute made in the fifth yéer of the Reign of King Edward the third It is Enacted That no Man shall be attached by any accusation nor fore-judged of life or lim nor his Lands Tenements Goods nor Chattels seised into the Kings hands against the form of the great Charter and the Law of the Land And by another Statute made in the five and twentieth yéer of the Reign of the same King Edward the third It is accorded assented and established that none shall be taken by petition or suggestion made to the King or to His Councell unlesse it be by Indictment or Presentment of good and lawfull people of the same neighbourhood where such de●●● be done in due manner or by Processe made by Writ Original at the common Law and that none be put out of his Franchise or Frée-hold unlesse he be duly brought in to answer and fore-judged of the same by the course of the Law and if any thing be done against the same it shall be redressed and holden for none And by another Statute made in the eight and twentieth yéer of the Reign of the same King Edward the third It is amongst other things Enacted that no man of what estate or condition soever he be shall be put out of his Lands or Tenements nor taken nor imprisoned nor disinherited without being brought in to answer by due Processe of Law And by another Statute made in the two fourtieth yéer of the Reign of the said King Edward the third It is Enacted that no man be put to answer without presentment before Iustices or matter of Record or by due Processe and Writ original according to the old Law of the Land and if any 〈…〉 be done to the contrary it shall be void in Law and holden for 〈…〉 by another Statute made in the six and thirtieth yéer of the sa●● 〈◊〉 Edward the third It is amongst other things Enacted That all 〈◊〉 which shall be pleaded in any Courts before any the Kings Iustices or in His other places or before any of His other Ministers or in the Courts and places of any other Lords within the Realm shall be entred and enrolled in Latine And whereas by the Statute made in the third yéer of King Henry the seventh power is given to the Chancellour the Lord Treasurer of England for the time being and the Kéeper of the Kings Privy Seal or two of them calling unto them a Bishop and Temporal Lord of the Kings most honourable Councel and the two chief Iustices of the Kings Bench and common Pleas for the time being or other two Iustices in their absence to procéed as in that Act is expressed for the punishment of some particular offences therein mentioned And by the Statute made in the one and twentieth yéer of King Henry the eighth The President of the Councell is associated to joyn with the Lord Chancellour and other Iudges in the said Statute of the third of Henry the seventh mentioned But the said Iudges have not kept themselves to the points limited by the said Statute but have undertaken to punish where no Law doth warrant and to make Decrees for things having no such authoritie and to inflict heavier punishments than by any Law is warranted And forasmuch as all matters examinable or determinable before the said Iudges or in the Court commonly called the Star-chamber may have their proper remedy and redresse and their due punishment and correction by the common Law of the Land and in the ordinary course of Iustice elsewhere And forasmuch as the reasons and motives inducing the erection and continuance of that Court do now cease and the procéedings Censures and Decrées of that Court have by experience béen found to be an intollerable burthen to the Subject and the means to introduce an arbitrarie power and Government And forasmuch as the Councel-Table hath of late times assumed unto it self a power to intermeddle in Civil causes and matters only of private interest betwéen party and partie and have adventured to determine of the Estates and Liberties of the Subject contrarie to the Law of the Land and the rights and priviledges of the Subject by which great and manifold mischiefs and inconveniences have arisen and happened and much incertaintie by means of such procéedings hath béen conceived cencerning mens rights and estates
libertie or suffering imprisonment upon demand or motion made by his Counsel or other imployed by him for that purpose unto the Iudges of the Court of Kings Bench or Common Pleas. in open Court shall without delaie upon any pretence whatsoever for the ordinary Fées usually paid for the same have forthwith granted unto him a Writ of Habeas Corpus to be directed generally unto all and everie Sheriffs Goaler Minister Officer or other person in whose custodie the partie committed or restrained shall be and the Sheriffs Goaler Minister Officer or other person in whose custody the partie so committed or restrained shall be shall at the return of the said Writ and according to the Command thereof upon due and convenient notice thereof given unto him at the charge of the partie who requireth or procureth such Writ and upon securitie by his own bond given to pay the charge of carrying back the Prisoner if he shall be remanded by the Court to which he shall be brought as in like cases hath béen used such Charges of bringing up and carrying back the Prisoner to be alwaies ordered by the Court if any difference shall arise thereabout bring or cause to be brought the bodie of the said partie so committed or restrained unto and bafore the Iudges or Iustices of the said Court from whence the same Writ shall issue in open Court and shall then likewise certifie the true cause of such his deteinour or imprisonment and thereupon the Court within thrée Court-daies after such return made and delivered in open Court shall procéed to examine and determine whether the cause of such Commitment appearing upon the said return be just and legal or not and shall thereupon do what to justice shall appertain either by delivering bailing or remanding the Prisoner And if any thing shall be otherwise wilfullie done or omitted to be done by any Iudge Iustice Officer or other person afore-mentioned contrarie to the direction and true meaning hereof That then such person so offending shall forfeit to the partie grieved his trebble damages to be recovered by such means and in such manner as is formerlie in this Act limited and appointed for the like penaltie to be sued for and recovered Provided alwaies and be it enacted That this Act and the several Clauses therein contained shall be taken and expounded to extend only to the Court of Star-Chamber and to the said Courts holden before the President and Councel in the Marches of Wales and before the President and Councel in the Northern Parts And also to the Court commonly called the Court of the Dutchy of Lancaster holden before the Chancellour and Councel of that Court And also in the Court of Exchequer of the County Palatine of Chester held before the Chamberlain and Councel of that Court. And to all Courts of like Iurisdiction to be hareafter erected ordained constituted or appointed as aforesaid And to the Warrants and Directions of the Councel-board and to the Commitments restraints and imprisonments of any person or persons made commanded or awarded by the Kings Majesty his Heirs or Successours in their own person or by the Lords and others of the Privy-Councel and every one of them And lastly provided and be it enacted That no person or persons shall be sued impleaded molested or troubled for any offence against this present Act unlesse the party supposed to have so offended shall be sued or impleaded for the same within two yéers at the most after such time wherein the said offence shall be committed