Assent and Consent to the use of all things contained and prescribed in the Book of Common-Prayer and Administration of the Sacraments and other Rites Ceremonies of the Church according to the use of the Church of England or have not subscribed the Declaration or Acknowledgment contained in a certain Act of Parliament made in the 14 Year of His Majesties Reign and Intituled An Act for the Vniformity of publick Prayers and Administration of Sacraments and other Rites and Ceremonies and for the establishing the Form of making ordaining and consecrating of Bishops Priests and Deacons in the Church of England according to the said Act or any other subsequent Act And whereas they or some of them and diverse other person and persons not ordained according to the Form of the Church of England and as have since the Act of Oblivion taked upon them to preach in unlawful Assemblies Conventicles or Meetings under colour or pretence of Exercise of Religion contrary to the Laws and Statutes of this Kingdom have setled themselves in divers Corporations in England sometimes three or more of them in a place thereby taking an opportunity to distil the poisonous Principles of Schism and Rebellion into the hearts of His Majesties Subjects to the great danger of the Church and Kingdom II. Be it therefore enacted by the Kings most excellent Majesty by and with the Advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same That the said Parsons Vicars Curates Lecturers and other persons in Holy Orders or pretended Holy Orders or pretending to Holy Orders and all Stipendiaries or other persons who have been possessed of any Ecclesiastical or Spiritual Promotion and every of them who have not declared their unfeigned Assent and Consent as aforesaid and subscribed the Declaration aforesaid and shall not take and subcribe the Oath following I A. B. do swear That it is not lawful upon any pretence whatsoever to take Arms against the King and that I do abhor that Traiterous position of taking Arms by his Authority against his Person or against those that are commissioned by him in pursuance of such Commissions and that I will not at any time endeavour any Alteration of Government either in Church or State III. And all such person and persons as shall take upon them to preach in any unlawful Assembly Conventicle or Meeting under colour or pretence of any exercise of Religion contrary to the Laws and Statutes of this Kingdom 2. shall not at any time from and after the 24th day of March which shall be in this present year of our Lord God One thousand six hundred sixty and five unless only in passing upon the Road come or be within five Miles of any City or Town Corporate or Burrough that sends Burgesses to the Parliament within His Majesties Kingdom of England Principality of Wales or of the Town of Berwick upon Tweed 3 or within five Miles of any parish Town or place wherein he or they have since the Act of Oblivion been Parson Vicar Curate Stipendiary or Lecturer or taken upon them to preach in any unlawful Assembly Conventicle or Meeting under colour or pretence of any exercise of Religion contrary to the Laws and Statutes of this Kingdom 4 Before he or they have taken and subscribed the Oath aforesaid before the Justices of the Peace at their Quarter-Sessions to be holden for County Riding or Division next unto the said Corporation City or Burrough Parish place or Town in open Court which said Oath the said Justices are hereby impowered there to administer 5 Upon forfeiture for every such Offence the sum of Forty pounds of lawful English Money the one third part thereof to His Majesty and His Successors the other third part to the use of the poor of the Parish where the Offence shall be committed and the other third part thereof to such person or persons as shall or will sue for the same by Action of Debt Plaint Bill or Information in any Court of Record at Westminster or before any Justices of Assize Oyer and Terminer or Gaol-delivery or before any Justices of the Counties Palatine of Chester Lancaster or Durham or the Justices of the great Sessions in Wales or before any Justices of Peace in their Quarter Sessions wherein no Essoin Protection or wager of Law shall be allowed IV. Provided always and be it further enacted by the Authority aforesaid That it shall not be lawful for any person or persons restrained from coming to any City Town Corporate Burrough Parish Town or place as aforesaid or for any other Person or Persons as shall not first take and subscribe the aforesaid Oath and as shall not frequent Divine Service established by the Laws of this Kingdom and carry him or her self reverently decently and orderly there to teach any publick or private School or take any Boarders or Tablers that are taught or instructed by him or her self or any other upon pain for every such Offence to forfeit the sum of Forty pounds to be recovered and distributed as aforesaid V. Provided also and be it further enacted by the Authority aforesaid that it shall be lawful for any two Justices of the Peace of the respective County upon Oath to them of any Offence against this Act which Oath they are hereby impowered to administer to commit the Offender for six Months without Bail or Mainprise unless upon or before such Commitment he shall before the said Justices of the Peace swear and subscribe the aforesaid Oath and Declaration VI. Provided always that if any person intended to be restrained by vertue of this Act shall without fraud or Covin be served with any Writ Sub-poena Warranr or other Process whereby his personal appearance is required his Obedience to such Writ Sub-poena or Process shall not be construed an Offence against this Act. Note That as to the Penalty of Forty Pound the party must be tried at the Assises or Sessions before it is forfeited But any two Justices of Peace may commit for six Months unless before them he 'l swear and subscribe the Oath in this Declaration specified the Assent and Consent and the Declaration therein referr'd unto which if he do he puts himself out of their power Now the Assent and Consent he has spoke of is appointed by the Stat. 13 and 14. of Car. 2di chap. 4. as follows I A. B. do here declare my unfeigned Assent Consent to all every thing contained prescribed in by the Book intituled the Book of common Prayer Administration of the Sacraments and other Rites and Ceremonies of the Church according to the use of the Church of England together with the Psalter or Psalms of David pointed as they are to be sung or said in Churches and the form and manner of making ordaining and consecrating of Bishops Priests and Deacons The Declaration is by the Act last mentioned as
Laws of the Kingdom A DIGRESSION touching the Antiquity Vse and Power of PARLIAMENTS and the Qualification of such Gentlemen as are fit to be chosen the Peoples Representatives THe Recital of these several Laws for frequent calling of Parliaments declaring the same to be of such Importance or Necessity to the safety and wel-being of the Nation Invites us to give the vulgar Reader some further Information touching those most Honourable Assemblies which though a digression will I hope be no Transgression for I am willing at any time to go a little out of my way provided I may thereby meet with the Readers profit and Advantage Of the Names and Antiquity of Parliaments THe word PARLIAMENT is French derived from the three words Parler la ment to speak ones mind because every Member of that Court should sincerely and discreetly speak his mind for the general good of the Common-Wealth and this name saith Cook 1 Instit fo 110. was used before William the Conquerer even in the time of Edward the Confessor But most commonly in the Saxons time it was called Michegemote or Witenage Mote that is the Great Mote Meeting or Assembly whence our Ward-Mootes in London receive their name to this day or the Wise-Moote that is the Assembly of the wise men and Sages of the Land But this word Parliament is used in a double sense 1. Strictly as it includes the Legislative Power of England as when we say An Act of Parliament and in this Acceptation it necessarily includes the King the Lords and the Commons each of which have a Negative Voice in making Laws and without their joint Consent no new Laws can pass that be obligatory to the Subject 2. Vulgarly the word is used for the Two Houses the Lords and Commons as when we say the King will call a Parliament his Majesty has Dissolved his Parliament c. The Lords of Parliament are divided into two sorts viz. Spiritual that is to say the Bishops who sit there in respect of their Baronies parcel of their Bishopricks which they hold in their Politick Capacity and Temporal The Commons are likewise divided into three Classes or parts viz Knights or Representatives of the Shires or Counties where note that though the Writ require two Knights to be chosen and that they are called Knights yet there is no necessity that they should actually have the degree of Knighthood provided they be but Gentlemen for the Statute 23 Hen. 6. cap 15 hath these words That the Knights of the Shires for the Parliament hereafter to be Chosen shall be not able Knights of the same Counties for which they shall be chosen OR OTHERWISE such Notable Esquires or Gentlemen born of the same Counties as shall be able to be Knights and no man to be such Knight which standeth in the degree of a Yeoman and under Secondly Citizens chosen to Represent Cities Thirdly Burgesses that is to say those that are chosen out of Boroughs Note that the difference between a City and a Borough is this a City is a Borough Incorporate which is or has within time of Memory been an Episcopal See or had a Bishop and this althô the Bishoprick be Dissolved as West minster having heretofore a Bishop though none now still remains a City Cook 1. Instit Sect 164. Boroughs are Towns Incorporated but such as never had any Bishops Of the Three Estates in Parliament THere has been a great debate about the Three Estates some zealously pleading That the Bishops are one of the three Estates of the Realm and the Lords Temporal a Second and the Commons-house the Third and the King over all as a Transcendent by himself Others as stifly deny this and assign the King as he his the Head of the Common Wealth to be the first Estate the Lords as well Spiritual as Temporal jointly to be the Second and the Commons-House the Third Non opis est nostrae tant as Componere Lites We shall not presume to undertake a decision of this arduous Controversy but in our poor opinion the matter seems to appear more difficult than really it is by means that the contending Parties do not first plainly set down what it is they severally mean by the word Estate Which may be taken 1. For a rank degree or Condition of Persons considered by themselves different in some notable Respects from others wherewith they may be compared And in this respect my Lords the Bishops may very properly be said to be an Estate or one of the Estates of the Realm for then there will be several Estates above the number of three for so in the House of Commons there may be said to be three Estates viz. Knights Citizens and Burgesses And heretofore in the days of Popery when there were 26 Abbots and Priors that held per Baroniam too as well as the Bishops called to the Parliament and sat in the Lords House see Fullers Church History Lib. 6. 292. Whether they being Religious and Monastical Persons whereas the Bishops were Seculars no small difference in their account might not as well claim to be a distinct Estate by themselves as now the Bishops do may be a question But secondly When we spake of three Estates in the Constitution of our English Government 't is most natural to mean and intend such a poize in the Ballance or such an Order or State as hath a Negative Voice in the Legislative Power For as the King and Commons excluding the Lords so neither the King and Lords excluding the Commons much less the Lords and Commons excluding the King can make any Law but this glorious Triplicity must be in mutual Conjunction and then from their united Influences spring our happy Laws But in this sence the Lords Spiritual by themselves have no pretence to be a distinct Estate That is they have by themselves no Negative Voice which I conceive the proper Characteristick or essential Mark of each of the three Estates For suppose a Bill pass the Commons and being brought into the Lords House all the 26 Bishops should be against it and some of the Temporal Lords yet if the other Temporal Lords be more in number than the Bishops and those that side with them the Bill shall pass as the Act of the whole house and if his Majesty please to give it his Royal Assent is undoubted Law Which demonstrates the Bishops have of themselves no Negative Voice and consequently are none of the three Estates of the Realm But if any will have them called an Estate and mean something else be it if he please to explain his Notion 't is like I shall not contend with him about a fiddle faddle word Touching the Power of the Parliament THe Jurisdiction of this Court saith Cook 1 Instit Sect. 164. is so Transcendent that it maketh Inlargeth Diminisheth Abrogateth Repealeth and reviveth Laws Statutes Acts and Ordinances concerning matters Ecclesiastical Civil Martial Marine Capital Criminal and common And 4 Instit Fol. 36.
own Bond to pay the Charges of carrying back the Prisoner if he shall be Remanded by the Court or Judge to which he shall be brought according to the true intent of this present Act and that he will not make any Escape by the way make Return of such Writ 3 And bring or cause to be brought the Body of the party so Committed or Restrained unto or before the Lord Chancellor or Lord Keeper of the Great Seal of England for the time being or the Judges or Barons of the said Court from whence the said Writ shall Issue or unto and before such other person or persons before whom the said Writ is made returnable according to the Command thereof 4 And shall then likewise certifie the true Causes of his Detainer or Imprisonment unless the Commitment of the said party be in any place beyond the distance of twenty Miles from the place or places where such Court or Person is or shall be Residing and if beyond the distance of twenty Miles and not above one hundred Miles than within the space of twenty days after such the delivery aforesaid and not longer III. And to the Intent that no Sheriff Goaler or other Officer may pretend ignorance of the import of any such Writ 2 Be it Enacted by the Authority aforesaid That all such Writs shall be marked in this manner Perstatutum Tricesimo primo Caroli Secundi Regis and shall be signed by the person that Awards the same 3 And if any person or persons shall be or stand Committed or Detained as aforesaid for any Crime unless for Felâ—ny or Treason plainly expressed in the Warrant of Commitment in the Vacation time and out of Term it shall and may be lawful to and for the person or persons so Committed or Detained other than persons Convict or in Execution by Legal Process or any one on his or their behalf to Appeal or complain to the Lord Chancellor or Lord Keeper or any one of His Majesties Justices either of the one Bench or of the other or the Barons of the Exchequer of the degree of the Coif 3 And the said Lord Chancellor Lord Keeper Instices or Barons or any of them upon view of the Copy or Copies of the Warrant or Warrants of Commitment and Detainer or otherwise upon Oath made that such Copy or Copies were denied to be given by such person or persons or any on his her or their behalf attested and subscribed by two Witnesses who were present at the delivery of the same to award and grant an Habeas Corpus under the Seal of such Court whereof he shall then be one of the Judges 5 To be directed to the Officer or Officers in whose Custody the party so Committed or Detained shall be returnable immediately before the said Lord Chancellor or Lord Keeper or such Justice Baron or any other Justice or Baron of the Degree of the Coif of any of the said Courts 6 And upon service thereof as aforesaid the Officer or Officers his or their under Officer or under Officers under Keeper or under Keepers or Deputy to whose Custody the party is so Committed or Detained shall within the times respectively before limited bring such Prisoner or Prisoners before the said Lord Chancellor or Lord Keeper or such Justices Barons or one of them before whom the said Writ is made Return able and in case of his absence before any other of them with the Return of such Writ and the true Causes of the Commitment and Detainer 7 And thereupon within two days after the party shall be brought before them the said Lord Chancellor or Lord Keeper or such Justice or Baron before whom the Prisoner shall be brought as aforesaid shall discharge the said Prisoner from his Imprisonment taking his or their Recognizance with one or more surety or sureties in any sum according to their discretion having regard to the Quality of the Prisoner and Nature of the Offence for his or their appearance in the Court of Kings Bench the Term following or at the next Assizes Sessions or General Goal-delivery of and for such County City or Place where the Commitment was or where the Offence was Committed or in such other Court where the said Offence is properly Recognizable as the Case shall require and then shall Certifie the said Writ with the Return thereof and the said Recognizance or Recognizances into the said Court where such appearance is to be made 6 Unless it shall appear unto the said Lord Chancellor or Lord Keeper or Justice or Justices Baron or Barons that the party so Committed is Detained upon a Legal Process Order or Warrant out of some Court that hath Jurisdiction of Criminal matters or by some Warrant Signed and Sealed with the Hand and Seal of any of the said Justices or Barons or some Justice or Justices of the Peace for such matters or offences for the which by the Law the Prisoner is not Bailable IV. Provided always and be it Enacted That if any person shall have wilfully neglected by the space of two whole Terms after his Imprisonment to pray a Habeas Corpus for his Enlargement such person so wilfully neglecting shall not have any Habeas Corpus to be granted in Vacation time in pursuance of this Act. V. Be it further Enacted by the Authority aforesaid That if any Officer or Officers his or their Under-Officer Under-Officers Under-Keeper or Under-Keepers or Deputy shall neglect or Refuse to make the Returns aforesaid or to Bring the Body or Bodies of the Prisoner or Prisoners according to the Command of the said Writ within the Respective times aforesaid or upon demand made by the Prisoner or Person in his Behalf shall Resuse to deliver or within the space of six hours after demand shall not deliver to the Person so demanding a true Copy of the Warrant or Warrants of Commitment and detainer of such Prisoner which he or they are hereby Required to deliver accordingly all and every the Head Gaolers and Keepers of such Prisons and such other Person in whose Custody the Prisoner shall be detained shall for the first Offence forfeit to the Prisoner or Party Grieved the sum of one hundred pounds 2. And for the second Offence the sum of two hundred pounds and shall and is hereby made Incapable to Hold or Execute his said Office 3. the said penalties to be Recovered by the Prisoner or Party grieved his Executors or Administrators against such Offenders his Executors or Administrators by any Action of Debt Suit Bill plaint or Information in any of the King's Courts at Westmin wherein no Essoign Protection priviledge Injunction Wager of Law or stay of Prosecution by Non vult ulterius prosequi or otherwise shall be Admitted or Allowed or any more than one Imparlance 4. And any Recovery or Judgment at the Suit of any Party Grieved shall be a sufficient Conviction for the first Offence and any after Recovery or Judgment at the suit of a Party Grieved for
in custody to procure their Liberty But before this statute was Rendred far less useful than it ought to be partly by the Judges pretending a power to Grant or deny the said Writ at their pleasure in many cases and Especially by the Ill practises of Sheriffs and Gaolers by putting the prisoner to the charge and trouble of an Alias and pluries that is a second and third Writ before they would obey the first for there was no penalty till the Third and then at last the Judges would oft-times Alleadge That they could not take Bail because the party was a prisoner of State c. Therefore to Remedy all those mischiefs This most wholsome Law was provided Which we shall briefly Endeavour to Divide into its several Branches and Explain it to the meanest Capacities since no Man is sure but one time or other he may have occasion to make use of it This Act concerneth either first persons committed for some other Criminal or supposedCriminal matter besides Treason or Felony and these are to have an Habeas Corpus Immediately 2ly such who in their Mittimus are charged with Treason or Felony these shall have the benefit of the said Writ after the time herein Limited 1st If any Gaoler or Under-Keeper shall not deliver a trueCopy of the Mittimus within 6 hours after the prisoner demands it the Head-Gaoler or Keeper forfeits to the prisoner for the first Offence 100l for the second Offence 200l and loses his place Nor is there any Fee to be paid for the same the Turn-key must deliver it at his peril And note if the prisoner should be lockt up or none suffered to come at him any friend of his may demand the same on his behalf 2. Whatever the Criminal matter be If Treason or Felony be not Expresly charged any person on the prisoners behalf carrying such true Copy of the Commitment to the Lord Chancellor or any one of the Judges or Barons of the Exchequer or upon Oath made that a Copy was demanded and denied he shall Grant an Habeas Corpus or forfeit 500l to the prisoner But note the Request must be made to such Judge in Writing and Attested by two witnesses 3. If the Sheriff or Gaoler do not carry up the prisoner and Return the true causes of his detainour within three days If under twenty miles distance or within ten daies if above twenty and under an hundred miles or within twenty daies if above an hundred miles he forfeits 500l to the prisoner Note the prisoner must pay the Charges of his carrying up and the Judge when he Grants the Writ may order how much but it must not be above 12 d. a mile If upon the Return of such Habeas Corpus it appear the prisoner is not charged with Treason or Felony specially and plainly Expressed or for such matters as by Law are not Bailable the Judge shall discharge the prisoner upon Bail 4. If a person once so Bailed out shall again be Imprisoned for the same Offence those that do it forfeit 500 l. 5. If there be High Treason or Felony plainly and specially Expressed That is not only Generally for Treason or Felony but Treason in conspiring to kill the King or in Counterfeiting the King's Coin or Felony for stealing the goods of such an one to such a value c. Then the Prisoner cannot have his Habeas Corpus till first he has on the first week of the Term or first day of Sessions of Oyer and Terminer or General Gaol-delivery petitioned in open Court to be brought to his Tryal and then if he be not brought to Tryal the next Term or Sessions following on the last day thereof he shall be Bailed and if not Indicted the second Term or Sessions shall be discharged 6. This Act extends to all places within England and Wales the Tower cannot be supposed to be exempted nor Windsor Castle nor any such Royal Forts for the words are general And besides there is a special Act of Parliament that unites the King's Castles to the Counties wherein they stand there having been it seems some pretensions and ill practices to hold them district that therein they might detain men prisoners against Law and not admit any Writ to enlarge them For Remedy whereof it was thus Enacted Anno 13. Rich. Secundi Item It is Ordained and Assented That the King's Castles and Gaols which were wont to be Joyned to the Bodies of the Counties and be now Severed shall be Rejoyned to the same Counties Lastly No person shall be sent Prisoner out of England or Wales into Scotland Ireland Jersey Guernsey Tangier or any other place beyond the Seas The Proviso's and other Clauses of this Act may be easily apprehended by the meanest capacities AND As the Law provides thus for our Liberty so it takes care that those that are in Custody shall not be abused or oppressed to which purpose I shall here insert so much as is material necessary to be known by all persons who are so unhappy as to be prisoners out of the Statute of the 22d and 23d Car. 2. Cap. 20. The words wereof are as follows WHEREAS Persons that are under Arrests or committed to the custody of Sheriffs Bailiffs Gaolers Keepers of Prisons or Gaols are much abused and wronged by Extorting of great Fees Rewards and other Exactions and put to great Expences under pretences of favour or otherwise whereby they are greatly Oppressed and many times Ruined in their Estates 2. For Remedy thereof Be it Enacted by the Authority aforesaid That if any Under-Sheriff Bailiff Serjeant at Mace or other Officer or minister whatsoever shall at any time or times hereafter have in his or their Custody any person or persons by vertue or colour of any Writ Process or other Warrant whatsoever it shall not be lawful for such Officer or Officers to convey or carry or cause to be conveyed or carried the said person or persons to any Tavern Ale-House or other publick Victualling or Drinking-house without the free and voluntary consent of the said person or persons so as to charge such Prisoner with any sum of Money for any Wine Beer Ale Victuals Tobacco or any other things whatsoever but what the said person or persons shall call for of his her or their own accord 3 And shall not demand take or receive or cause to be demanded taken or received directly or indirectly any other or greater Sum or Sums than what by Law ought to be taken or demanded for such Arrest taking or waiting until such person or persons shall have procured an Appearance found Bail agreed with his or their Adversaries or be sent to the proper Gaol belonging to the County City Town or Place where such Arrest or taking shall be 4. Nor take and Exact any other Reward or Gratuity for so keeping the said person or persons out of the Gaol or Prison than what he she or they shall or will of his her or their own
accord voluntarily and freely give 5 Nor take nor receive any other or greater Sum or Sums for each nights Lodging or other Expences than what is reasonable and fitting in such cases or shall be so adjudged by the next Justice of the Peace or at the next Quarter-Sessions 6. And shall not cause or procure the said person or persons to pay for any other Wine Beer Ale Victuals Tobacco or other things than what the said person or persons shall voluntarily freely and particularly call for And that every Under-Sheriff Gaoler Keeper of Prison or Gaol and every person or persons whatsoever to whose Custody any person or persons shall be delivered or commited by virtue of any Writ of Process or any pretence whatsoever shall permit and suffer the said person or persons at his and their will and pleasure to send for and have any Beer Ale Victuals and other necessary Food where and from whence they please and also to have and use such Bedding Linnen and other things as the said person or persons shall think fit without any purloyning detaining or paying for the same or any part thereof nor shall demand take or receive of the said person or persons any other or greater Fee or Fees whatsoever for his her or their Commitment Release or Discharge or for his her or their Chamber-Rent than what is allowable by Law untill the same shall be settled by three Justices of the Peace whereof one to be of the Quorum of each particular County City and Town Corporate in their several Precincts and for the City of London and Counties of Middlesex and Surrey the two Lord Chief Justices of the Kings's-Bench and Common-Pleas and the Lord Chief Baron or any two of them and the Justices of the Peace of the same in their several Jurisdictions And likewise that the said Lord Chief Justice Lord Chief Baron and Justices of the Peace in their several Jurisdictions and all Commissioners for Charitable Uses do their best Endeavours and Diligence to Examine and finde out the several Legacies Gifts and Bequests bestowed and given for the Benefit and Advantage of the Poor Prisoners for Debt in the several Gaols and Prisons in this Kingdom and to send for any Deeds Wills Writings and Books of Accompts whatsoever and any person or persons concerned therein and to Examine them upon Oath to make true discovery thereof which they have full Power and Authority hereby to do and the same so found out and ascertained to order and settle in some manner and way that the Prisoners hereafter may not be defrauded but Receive the full benefit thereof according to the true intent of the Donors And that these Accounts of the several Legacies Gifts and Bequests given and bestowed upon the several Prisoners for Debt within this Kingdom and the several Rates of Fees and the future Government of Prisons be signed and confirmed by the Lord Chief Justices and Lord Chief Baron or any two of them for the time being and the Justices of the Peace in London Middlesex and Surrey and by the Judges for the several Circuits and Justices of the Peace for the time being in their several Precincts and fairly written and hung up in a Table in every Gaol and Prison before the first day of November 1671. and likewise be Registred by each and every Clerk of the Peace within his or their particular Jurisdiction And after such Establishment no other or greater Fee or Fees than shall be so Established shall be Demanded or Received And whereas it is become the common practice of Gaolers and Keepers of Newgate the Gate-house at Westminster and sundry other Gaols and Prisons to Lodge together in one Room or Chamber and Bed Prisoners for Debt and Felons whereby many times honest Gentlemen Trades-men and others Prisoners for Debt are disturbed and hindered in the night-time from their natural Rest by reason of their Fetters and Irons and otherwise much offended and troubled by their lewd and prophane Language and Discourses with most horrid Cursing and Swearing much accustomed to such persons 2. Be it Enacted by the Authority aforesaid that it shall not be lawful hereafter for any Sheriff Gaoler or Keeper of any Gaol or Prison to put keep or Lodge Prisoners for Debt and Felons together in one Room or Chamber but that they shall be put kept and Lodged separate and apart one from another in distinct Rooms 3. Upon pain that he she or they which shall offend against this Act or the true Intent and meaning thereof or any part thereof shall forfeit and lose his or her Office Place or Imployment and shall forfeit treble damages to the party grieved to be Recovered by vertue of this Act any Law Statute Usage or Custom to the contrary in any wise notwithstanding And to the End that English-men may more entirely enjoy their due Freedoms the prudence of our Legislators have thought fit from time to time to Remove Encroachments thereupon though under pretence of Jurisdictions and Courts of Justice and to prohibit any Exorbitant Arbitrary Power for the future but that all things may be left to the calm and equal proceedings of Law and that most excellent Method of Trial by Juries one of the principal Bulwarks of England's Liberties For an Instance hereof take the Act following An Act for Regulating of the Privy Council and for taking away the Court commonly called the Star-Chamber VVHereas by the Great Charter many times confirmed in Parliament it is Enacted That no Freeman shall be taken or Imprisoned or Disseized of his Freehold or Liberties or Free Customs or be Outlawed or Exiled or otherwise destroyed and that the King will not pass upon him or condemn him but by lawful Judgment of his Peers or by the Law of the Land 2. And by another Statute made in the fifth year of the Reign of King Edward it is Enacted That no man shall be Attached by any Accusation nor fore-judged of Life or Limb nor his Lands Tenements Goods nor Chattels seized into the King's Hands against the Form of the Great Charter and the Law of the Land 3. And by another Statute made in the five and twentieth year 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 Council unless it be by Indictment or Presentment of 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 and that none be put out of his Franchise or Freehold unless 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 Redressad and holden for none 4. And by another Statute made in the eight and twentieth year of the Reign of the same King Edward the Third it is amongst other things Enacted That