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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

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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-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
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-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-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