Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	bishop_n	lord_n	time_n	2,899	5	3.5723	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A54186	The peoples ancient and just liberties asserted in the tryal of William Penn, and William Mead, at the sessions held at the Old-Baily in London, the first, third, fourth and fifth of Sept. 70. against the most arbitrary procedure of that court.	Penn, William, 1644-1718.; Mead, William, 1628-1713, defendant.	1670 (1670)	Wing P1334B; ESTC R222457	38,197	64

excellent Fundamentals which we have before defined and defended from any just reason of revolution yet God Almighty who is always concerned to avenge the cause of Justice and those excellent good Laws by which it is upheld has by his providence befool'd their contrivances basfled their attempts by bringing their designs to naught and their persons frequently to condign punishment and disgrace their Age no Antiquary living can assure us unless they say As old as Reason it self but our own Authors are not lacking to inform us that the Liberties Properties and Priviledges of the English Nation are very ancient § 10. For Hern in his Mirror of Justice writ in Edward the first 's time Fol. 1. tells us That after God had abated the Nobility of the Britans he did deliver the Realm to men more humble and simple of the Countries adjoyning to wit the Saxons which came from the parts of Almaign to conquer this Land of which men there were forty Soveraigns which did rule as Companions and those Princes did call this Realm England which before was named the greater Britan These after great wars tribulations and pains by long time suffered did chuse a King to raign over them to govern the people of God and to maintain and defend their persons and their good in quiet by the Rules of Right and at the beginning they did cause him to sware to maintain the holy Christian Faith and to guide his people by Right with all his power without respect of persons and to observe the Laws And after when the Kingdom was turned into an Heritage King Alfred that governed this Kingdom about an hundred seventy one years before the Conquest did cause the great men of the Kingdom to assemble at London and there did ordain for a perpetual usage That twice in the year or oftner if need should be in time of Peace they should assemble at London in Parliament for the Government of Gods People that men might live in quiet and receive right by certain usages and holy Judgments In which Parliament saith our Author the Rights and Prerogatives of the Kings and of the Subjects are distinguished and set apart and particularly by him expressed too tedious here to insert amongst which Ordiances we find That no man should be imprisoned but for a capital Offence And if a man should detain another in Prison by colour of right where there was none till the party imprisoned died he that kept him in Prison should be held guilty of murder as you may read pag. 33. And pag. 36. He is declared guilty of Homicide by whom a man shall die in prison whether it be the Judges that shall too long delay to do a man right or by cruelty of Goalers or suffering him to die of Famine or when a man is adjudged to do pennance and shall be surcharged by his Goaler with Irons or other pain whereof he is deprived of his life And p. 149. That by the antient Law of England it was Fellony to detain a man in prison after sufficient Bale offered where the party was plevisable every person was plevisable but he that was appealed of Treason Murder Robbery or Burglary pag. 35. None ought to be put in common Prisons but only such as were ATTAINTED or principally APPEALED or INDICTED of some capital Offence or ATTAINTED of false or wrongfull Imprisonment so tender have the ancient Laws and Constitutions of this Realm been of the Liberty of their Subjects persons that no man ought to be Imprisoned but for a Capital Offence as Treason Murder Robbery or Burglary § 11. Nor is Lambard short in his excellent translation of the Saxon Laws from King Ina's time 712. to Hen. 3. 1100. In describing to us the great Obligation and strong Condition the people were wont to put upon their Kings To observe the ancient fundamental Laws and free Customs of this Land which were handed down from one Age to another And in the 17th Chap. of Edw. the Confessors Laws the mention there made of a Kings duty is very remarkable That if he break his Oath or performed not his Obligation Nec nomen Regis in eo constabit The same Lambard further tells us that however any may affirm William of Normandy to be a Conquerer He was received by the people as Edwards Successor and by solemn Oath taken to maintain unto them the same Laws that his Kinsman Edward the Confessor did this doctrine remained in the general unquestioned to the reign of King John who imperiously thought that Voluntas Regis and not salvus Populi was suprema Lex or the Kings will was the supream Law and not the Peoples preservation till the incensed Barons of that time betook themselves to a vigorous defence of their antient Rights and Liberties and learnt him to keep those Laws by a due restraint and timely compulsion which his former invasion of them evidenced to the World he would never have done willingly § 12. The Proposals and Articles of agreement with the Pledges given to the Barons on the behalf of the People by the King were confirm'd in Hen. the 3ds time his Son and Successor When the abused slighted and disregarded Laws by his Father were thought fit to be reduced to record that the people of England might not forever after be to seek for a written recorded Law to their defence and security for Misera servitus est ubi jus est vagum aut incognitum and so we enter upon that grand Carter of Liberty and Priviledge in the Cause Reason and End of it § 1. We shall first rehearse it so far as we are concerned with the formalities of Grant and Curse and shall then say something as to the Cause Reason and End of it A Rehersal of the Material Parts of the Great Charter of England HEnry by the Grace of God King of England c. To all arch-Arch-Bishops or Earls Barons Sheriffs Provosts Officers and to all Bailiffs and our faithfull Subjects who shall see this present Charter greeting Know ye that we unto the honour of Almighty God and for the Salvation of the Souls of our Progenitors and our Successors Kings of England to the advancement of holy Church and amendment of our Realm of our meer and free will have given and granted to all arch-Arch-Bishops c. and to all Free-men of this our Realm these Liberties under-written to be holden and kept in this our Realm of England for evermore We have granted and given to all Free-men of our Realm for us and our Heirs for evermore these Liberties under-written to have and to hold to them and to their Heirs of us and our Heirs fore-nam'd A Free-man shall not be Amerced for a smal fault but after the quantity of the fault And for a great fault after the manner thereof saving to him his Contenements or Free-hold And a Merchant likewise shall be amerced saving to him his Merchandize and none of the said Amercements shall be

assessed but by the Oath of good and honest men of the Vicinage No Free-man shall be taken or imprisoned nor be disseized of his Free-hold or Liberties or free Customs or be Out-lawed or Exiled or any other wayes destroyed nor we shall not pass upon him nor condemn him but by lawfull judgement of his Peers or by the Law of the Land we shall sell to no man we shall deny nor defer to no man either Justice or Right And to all these Customs Liberties aforesaid which we have granted to be holden within this our Realm as much as appertaineth to us and our Heirs we shall observe and all men of this our Realm as well Spiritual as Temporal as much as in them is shall observe the same against all persons in likewise And for this our Gift and Grant of these Liberties and for other contained in our Charter of Liberties of our Forrest the Arch-Bishops Bishops Abots Priors Earls Barons Knights Free-holders and other our Subjects have given unto us the fifteenth pars of all their moveables And we have granted unto them on the other part that neither we nor our Heirs shall procure or do any thing whereby the Liberties in this Charter contained shall be infringed or broken and if any thing be procured by any person contrary to the Premises shall be had of no force nor effect These being Witnesses Boniface Arch-Bishop of Canterbury c. We ratifying and approving those Gifts and Grants aforesaid confirm and make strong all the same for us and our Heirs perpetually and by the Tenor of these Presents do renew the same willingly and granting for us and our Heirs that this Charter in all and singular his Articles for evermore shall be stedfastly firmly and inviolably observed And if any Article in the same Charter contained yet hither to peradventure hath not been observed nor kept we will and by our Authority-Royal command from henceforth firmly they be observed Witness c. The Sentence of Curse given by the Bishops with the Kings consent against the Breakers of the great Charter IN the year of our Lord 1253. the third day of May in the great Hall of the King at Westminster in the presence and by the consent of the Lord Henry by the Grace of God King of England and the Lord Richard Earl of Cornwall his Brother Roger Bigot Earl of Norfolk Marshal of England Humphr● Earl of Hereford Henry Earl of Oxford John Earl Warren and other Estates of the Realm of England We Boniface by the mercy of God Arch-Bishop of Centerbury Primate of England F. of London H. of Ely S. of Worcester E. of Lincoln W. of Norwich P. of Hereford W. of Salesbury W. of Durham R. of Excester M. of Carlile W. of Bath E. of Rochester T. of St Davids Bishops apparelled in Pontificals with Tapers burning against the Breakers of the Churches Liberties and of the Liberties and other Customs of this Realm of England and namely these which are contained in the Charter of the common Liberties of England and Charter of the Forrest have denounced Sentence of Excommunication in this form by the Authority of Almighty God the Father the Son and the Holy Ghost c. of the bl●ssed apostl●s Peter and Paul and of all Apostles and of all Martyrs of bl●ssed Edw. King of England and of all the Saints of Heaven We Excommunicate and Accurse and from the benefits of our holy Mother the Church we sequester all those that hereafter willingly and maliciously deprive or spoil the Church of her Right and all those that by any craft or willingness do violate break diminish or change the Churches Liberties and free Customs contained in the Charters of the common Liberties and of the Forrest granted by our Lord the King to arch-Arch-Bishops Bishops and other Prelates of England and likewise to the Earls Barons Knights and other Free-holders of the Realm and all that secretly and openly by deed word or counsel do make Statutes or observe them being made and that bring in Customs to keep them when they be brought in against the said Liberties or any of them and all those that shall presume to judge against them and all and every such person before mentioned that ●iningly shall commit any thing of the premises let them well know that they incur the aforesaid Sentence ipso facto A Confirmation of the Charters and Liberties of England and of the Forrest made the twenty fifth year of Edward the first EDward by the Grace of God King of England Lord of Ireland Duke of Guyan to all those that these present Letters shall hear or see greeting Know ye that we to the honour of God and to the profit of our Realm have granted for us and our Heirs and the Charter of Liberties and the Charter of Forrest which were made by common assent of all the Realm in the time of King Henry our Father shall be kept in every point without breach and we will that the same Charters shall be sent under our Seal as well to our Justices of the Forrest as to others and to all Sheriffs of Shires and to all our other Officers and to all our Cities throughout the Realm together with our Writs in the which it shall be contained that they cause the aforesaid Charters to be published and to declare to the People that we have confirmed them in all points and that our Justices Sheriffs Mayors and other Ministers which under us have the Laws of our Land to guide shall allow the same Charters pleaded before them in Judgment in all their points that is to wit the great Charter as the Common Law and the Charter of our Forrest for the Welch of our Realm And we will that if any judgment be given from henceforth contrary to the points of the Charter aforesaid by the Justices or by any other of our Ministers that hold Plea before them against the points of the Charters it shall be undone and holden for naught And we will that the same Charters shall be sent under our Seal to Cathedral Churches throughout our Realm there to remain and shall be read before the people two times by the year And that all Arch-bishops and Bishops shall pronounce the Sentence of Excommunication against all those that by word deed or counsel do contrary to the foresaid Charters or that in any point do break or undo them And that the said Curses be twice a year denounced and published by the Prelates aforesaid and if the same Prelates or any of them be remiss in the denunciation of the said Sentences the Arch-bishops of Canterbury and York for the time being shall compel and distrain them to the execution of their duties in form aforesaid The Sentence of the Clergy against the Breakers of the Articles above-mentioned IN the Name of the Father the Son and the Holy Ghost Amen Whereas our Soveraign Lord the King to the honour of God and of holy Church

and for the common profit of the Realm hath granted for him and his Heirs for ever these Articles above written Robert Arch-Bishop of Canterbury Primate of all England admonished all his Province once twice and thrice because that shortness will not suffer so much delay as to give knowledge to all the People of England of these presents in writing We therefore enjoyn all Persons of what estate soever they be that they and every of them as much as in them is shall uphold and maintain these Articles granted by our Soveraign Lord the King in all points And all those that in any point do resist or break or in any manner hereafter Procure Counsel or in any wise Assent to Testifie or Break those Ordinances or go about it by word or deed openly or privily by any manner of pretence or colour we the aforesaid Arch Bishop by our Authority in this Writing expressed do Excommunicate and Accurse and from the Body of our Lord Jesus Christ and from all the Company of Heaven and from all the Sacraments of Holy Church do sequester and exclude We may here see that in the obscurest Times of sottish Popery they were not left without a sence of Justice and the necessity of Liberty and Property to be inviolably enjoy'd which brings us to the cause of it 1st The cause of this famous Charter was as we have already said the Incroachments that were made by several Ministers of precedent Kings that almost became Customary and which had neer extinguisht the free Customs due to Englishmen How great care it cost our Ancestors it unbecomes us to ignore or by our silence to neglect It was that Yoak and Muzzle which failed not to dis-able many rageing Bears from entring the pleasant Vineyard of English-Freedoms that otherwise would not have left a fruitful Vine in being Anon we may give the Reader an account of some with their Wages as well as Works 2d The Reason of it is so great that it seems to be its own It is the very Image and Expression of Justice Liberty and Property Points of such eminent importance as without which no Goverment can be said to be reasonable but arbitrary and tyrannical It allows every man that liberty God and nature have given him and the secure possession of his property from the In-road or Invasion of his Neighbour or any else of that constitution It justifies no man in a fault only it provides equal and just ways to have the Offender tryed considering the malice of many Prosecutors and the great value of Liberty and Life 3d The End of it was the most noble of any earthly projection to wit The refixing of those shaken Laws held for many hundred years by constant claim that they living might be re-enstated in their primitive liberty and their posterity secured in the possession of so great a happiness Amongst those many rich Advantages that accrew to the free People of England from this great Charter and those many confirmatory Statutes of the same we shall present the Reader with the sight of some few that may most properly fall under the consideration and inquiry of these present times as found in our Common Law Books 1st That every English-man is born free 2d That no such Free-man shall be taken attached assessed or imprisoned by any Petition or Suggestion to the King or his Counsel unless by the indictment or presentment of good and lawful men where such deeds be done 5 Edw. 3. Chap. 9. 25 Edw. 3. Chap. 4. 17 R. 2. Chap. 6 Rot. Parl. 42 Edw. 3. Cook 2 Inst 46. 3d That no Free-man shall be diseized of his Free-hold or Liberties or free Customs c. Hereby is intended saith Cook That Lands Tenements Goods and Chattels shall not be seised into the Kings hands contrary to this great Charter c. 43. Ass pag. 12. 43 Edw. 3. Cook 2 Inst 32. Neither shall any such Free-man be put from his Livelyhood without answer Cook 2. Inst 47. 4ly That no Free-man shall be out-lawed unless he shroud and hide himself voluntarily from the Justice of the Law 2 3 Phil. Mar. Dier 114. 145. 5ly No Free-man shall be exiled Cook says there are but two Grounds upon which any man may be exiled One by Act of Parliament supposing it not contrary to the great Charter The other in case of abjuration for Fellony by the Common Law c. Cook 2. Inst 47. 6ly No Free-man shall be destroyed that is he shall not be fore-judged of Life Limb Dis-herited or put to Torture or Death every oppression against Law by colour of any usurped Authority is a kind of Destruction and t is the worst Oppression that is done by colour of Justice Cook Institu 2. 48. 7th That no Free-man shall be thus taken or imprisoned diseized out-lawed exiled or destroyed of his Liberties Free-holds and free Customs but BY THE LAWFUL JUDGMENT OF HIS PEERS vulgarly called Jury So that the Judgment of any fact or person is by this fundamental Law referred to the Brests and Consciences of the Jury It s rendred in Latine PER LEGALE JUDICIUM that is Lawful Judgment from whence it is to be observed that the Judgment must have Law in it and be according to Law which cannot be where they are not Judges how far the fact is legal or the contrary Judicium quasi Juris Dictum The Voice of Law and Right And therefore is their Verdict not to be rejected because it is supposed to be the Truth according to their Consciences For Ver dictis from vere dictum is quasi dictum veritatis or a true saying or judgment 9 Hen. 3. 29. Cook Inst 1. 39. Iust 4. 207. Cook says that by the word LEGALE three things are implyed 1st That this was by Law before the Statute and therefore this Statute but declaratory of the antient Law 2d That their Verdict must be legally given wherein is to be observed 1st The Jury ought to hear no Evidence but in the hearing and presence of the Prisoner 2d That they cannot send to ask any Question in Law of the Judges but in the presence of the Prisoner for de facto Jus oritur 3d The Evidence produced by the Kings Counsel being given the Judges cannot collect the Evidence nor urge it by way of charge to the Jury nor yet confer with the Jury about the Evidence but in the presence of the Prisoner Cook Inst 2. 49. 8th Or by the Law of the Land It is a Synonimous expression importing no more then by a Tryal of Peers or a Jury for it is sometimes rendred not or disjunctively but and which is connectively however it can never signifie any thing contrary to the old way of trying by Peers for then it would be connected to a contradiction Besides Cook well observes that in the 4th Chap. of the 25th Edw. 3 Per Legem Terrae imports no more then a Tryal by due process and writ Original at Common Law