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A44149 A brief collection of certain instances of Holy Scripture, and ancient laws of England concurring against persecution, oppression and injustice, recomended to the serious consideration of all sincere friends to the King and kingdom / by William Holgate. Holgate, William, fl. 1683-1686. 1686 (1686) Wing H2415; ESTC R858 11,163 18

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accusation nor fore-judged of Life or Limb nor his Lands or Tennements Goods or Chattels seised into the Kings hands against the form of the great Charter and the Law of the Land Stat. 28. Ed. 3.3 None shall be put from his Lands or Tennement Imprisoned Disinherited or put to Death without being brought to answer by due process of Law And Nicedemus said doth our Law judge any man before it hear him and know what he doth John 7.51 Acts 25.5 7 8 10 16. Festus told the Jews that it was contrary to the Roman Laws to condemn any man before he that was accused had the accusers face to face and had license to answer for himself concerning the Crime laid against him One Witness shall not rise up against a man for any Iniquity or for any Sin in any Sin that he sinneth At the mouth of two Witnesses or at the mouth of three Witnesses shall the matter be established Deut. 19.15 In the mouth of two or three Witnesses everword may be established Matt. 18.16 Stat. 4. Hen. 7.12 The King commandeth all Justices of Peace diligently to exercise their Office to the end that his people by that means living in peace and enjoying their own Husbandry may flourish he also chargeth all both Poor and Rich that shall suffer any grievance from others wherein a Justice of Peace may intermedle that they forth with make complaint thereof to the next Justice of Peace c. Open thy Mouth for the Dumb in the case of all such as are appointed to Destruction Open thy Mouth judge righteously and plead the Cause of the Poor and Needy Prov. 31.8 9. Blessed are the Peace makers for they shall be called the Children of God Matt. 5.9 Then Disturbers and false accusing Destroyers of their peaceable Neighbours shall not be so called Magna Charta chap. 14. 9 Hen. 3. A free man shall not be amerced for a small fault but according to the manner thereof and for a great offence according to the quantity thereof saving to him his conteniment and Marchant saving his Merchandize c. The elemency of English Natures hath resolved into an Axiom that Penal Laws are to be taken in Mitiori Sensu in the more mild and favourable Sence and that Amerciaments should have Misericordia mercy in them Horn Mirror of Just title Abuses of Common Law It is an abuse to judge a man to divers Punishments for one Trespass as to a Corporal Punishment and to a Ransom since Ransom is but a redemption from corporal punishment by a Fine It is the Kings interest to have his Subjects pacified force is an enemy to the Law Magna Charta chap. 14. Mirrour tit Disseirin Reddisseirin chap. 2. § 25. If one Distrain me so outragiously that I cannot Manure Plow or use my Land duly in which case it makes one an outragious Distrainer the reason given by Chief Justice Cook is for Trade and Traffick is the livelihood and the life of the Common-Wealth wherein the King and every Subject hath an Interest whence it follows that they who destroy Trade by their excessive distresses and spoil on the Subjects Goods and Merchandize c. do act against the Interest both of King and Kingdom Wo is pronounced by the Prophet against them that put far from them the evil day causes the date of violence to come near Amos 6.5 He that hath not oppressed any but hath restored to the Debtor his Pledge hath spoiled none by Violence hath given his Bread to the Hungry and hath covered the Naked with a Garment hath executed true Judgement betwixt man and man He is just he shall surely live saith the Lord Ezekiel 18.7 8 9. Do Violence to no man neither accuse any falsely and be content with your wages Luke 3.14 The Prophet having a sight and sence of Gospel times saith wasting violence and destroying shall not bear rule but be abhored of all that shall know the Lord Isa 11. The Lamb and the Wolf shall feed together and the Lyon shall eat straw like the Bullock and dust shall be the Serpents food they shall not hurt nor destroy in all my holy Mountain saith the Lord Isa 65.25 If ye fulfill the Royal Law according to the Scriptures thou shalt love thy Neighbour as thy self ye do well James 2.8 It is very apparent that the Fundamental Laws of England are consonant with the Royal Law of God written in the heart of man by his holy Spirit so let all who have the least spark of reason left in them Judge whether it is not high presumption against God and his unlimitted Prerogative Law written in the hearts of his people Jer. 31.33 to set up mans Law above it and force the execution thereof against it Oh that all that are in Authority would Read Meditate and seriously Consider the Testimony recorded Isaiah 59. that so they may never cause the cry of Oppression to be laid at their Doors I could give a large account out of Cook Shepherd Fortescue Watterhouse Keeble and others who have written in the praise of English Laws and of the great care the makers thereof had for the preservation of Husbandry and Trade and that such as were imployed there in might be preserved from Rapin Wrong or other Injuries or be vext or injuriously punished by Ill Loose Vicious Coveteous Poor and Beggerly Persons for the Law 's Wisdom is apparent in that it has excluded necessitous persons and such as have accustomed themselves to shift and shark from all Credit as Witnesses and also all such persons as may or doth expect any reward or profit by the recovery had by their Testimony I do not read of any Statute Law or Decree that is in force in England that appoints a punishment for any man or men that worships God in Spirit and in Truth neither doth any English Law I know of appoint a punishment for any that meets together upon a Religious accompt simply and barely but punisheth all such as makes Religion a Cloak for their evil Intentions who meeting obscurely something that is evil in it self either in words or actions at such Meetings being said or done For the Liturgy of the Church of England hath this precept That it is very meet right and our bounden duty that we should at all times and in all places give thanks unto thee O Lord Holy Father Almighty Everlasting God c. I will therefore that men pray every where lifting up holy hands without wrath and doubting 1 Tim. 2.8 Upon the first day of the week when the Disciples were come together to break Bread Paul Preached to them ready to depart on the morow and continued his speech until midnight And there were many lights in the upper Chamber where they were gathered together Acts 20.7 8. And Paul welt two whole years in his own hired house and received all that came in unto him Preaching the Kingdom of God and teaching those things which concerning the Lord