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A40936 The liberty of the subject by Magna Charta, or, Several weighty things to be considered of by the jurors and judges, seeing the law of England is said to be a law of mercy and doth take care jurors be of the next neighbourhood ... R. F. (Richard Farnworth), d. 1666. 1664 (1664) Wing F489; ESTC R14907 12,991 26

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process of Law according to the former Statutes of the old Law of the Land be in Law taken and deemed to be the first offence and the other be void in Law seeing the Law takes care and provides that all men shall have even Law and execution of right without respect of persons and if they have not where is the fault in the Law or in the executors thereof who are commanded and sworn to do even Law and Execution of Right to all men rich and poor without respect of persons 20. Ed. 3. c. 1 or shewing favour to one more then unto another they are not to with-hold Law and Right from men for differences in judgement in matters of Religion but they are to let them have even Law and right as well as others see Magna Charta cap. 29. And see the Statute 20 Edw. 3. ch 1. and 25. Edw. 3.4 and 5. Edw. 3.9 and 28. Edw. 3. cap. 3. and 42. Edw. 3. cap. 3. The Law takes care and provides that Jurors be of the next neighbourhood most sufficient men and persons that are lest suspicious as by the Statute appears 28. Edward 1. cap. 9. And no man is prohibited but allowed by the Law of the Land to have Counsel of Pleaders of learned men in the Law for his fee or of his next friends so that a man may plead for his friend see the Statute 28 Edward 1. cap. 11. The Laws and Customs of England shall be pleaded shewed and defended answered debated and judged in the English tongue in all Courts within this Realme and are onely to be entred and enrolled in Latine see the Statute for that 36. Edw. 3. cap. 15. Is it not the duty of a Judge to discern what is just by the rule of the Law and so to make the Law his rule his line his measure his weight his yard and ballance which is called right it self and common Law because it judgeth common right by a right line which is the judge of it self and its oblique saith Cook in his second part Institut 1. Are not the Judges to do justice and right according to the rule of the Law and Custome of England Cook 2. pt Instit fol. 56. 2. They are not to sell deny or delay Justice and Right neither the end which is justice nor the means whereby the end may be obtained which is the Law saith Cook in his 2. part Instit fol. 56. 3. The Court ought to be of councel with the Prisoner to see that nothing be urged against him contrary to Law and Right saith Cook 3. part Instit fol 29. 4. The Judge ought to exhort the Prisoner to answer without fear and that Justice shall be duly administred unto him saith Cook in his 2. part Institutes fol. 316. 5. The Judges of the Court who ever are to be of councel with the Prisoner to give him Law and Justice ex ossicio ought to enquire whether he be the same person and of all other pleas which he might have pleaded c. saith Cook in his 2. part Institut fol. 178. Nay saith he any learned man that is in the Court may inform the Court for the benefit of the Prisoner of any thing that may make the proceedings erroneous Cook 3 part Instit fol. 29. Also saith he It is lawful for any man that is in the Court to inform the Court lest the Court should erre and the Prisoner be unjustly proceeded with see Cook 3. part Instit fol. 137. 6. The Judges and Ministers of Justice are to allow the great Charters of the Liberties of England in all their points for by a Statute made for the confirmation of the Charters 25 Edw. 1. cap 1. It is enacted that all Majors Sheriffs Justices 25 Ed 1. c. 1. and other Ministers which have the Laws of the Land to guide them shall allow the said Charters pleaded before them in judgment in all points see the Statute it self 25. Edw. 1. cap. 1. 7. The Judges and Ministers of Justice are not to give Judgement against the great Charters for whatsoever judgement is given against the Statute of Magna Charta or of the Charter of the Forrest is made void by the Statute 25 Edw. 1. cap. 2. because saith Cook the judgement is given against the Law and the Statute it self saith If any Judgement be given from henceforth contrary to the points of the Charters aforesaid Cook 2 part Instit fol. 226 227 by the Justices or by any other our Ministers that hold Plea before them against the points of the Charters it shall be undone and holden for naught Statute 25. Edw. 1. cap. 2. And by a Statute made the 42d year of the Reign of King Edward the third it is assented and accorded that the great Charter and the Charter of the Forrest be holden and kept in all points 42 Ed. 3. cap. 1. and if any Statute be made to the contrary that shall be holden for none see the Statute it self 42 Edward 3. cap. 1. The great Charters are to be read four times a Year in the Counties and twice a Year in the Cathedrals that the people may know they are confirmed and are to be kept in all points 25 Edw. 1. c. 1 2 3. see the Statute 25 Edw. 1. cap. 1.2 3. And it is enacted by the Statute of the 25 Edw. 1. cap. 4. that all Archbishops and Bishops shall pronounce the sentence of excommunication against all those that by word deed or Council do contrary to the aforesaid Charters or that in any point do break or undo them and that the said curses be twice a year denounced and published see the Statute 25. Edw. 1 cap. 4. All men are enjoyned to uphold and maintain the great Charters see the sentence of the Clergy given against the breakers thereof In the name of the Father the Son and the Holy Ghost Amen Whereas our Sovereign Lord the King to the honour of God and the Holy Church and for the common profit of the Realm hath granted for him and his heirs for ever those Articles above written Robert Arch-bishop of Canterbury Primate of all England admonished all his Province once twice and thrice because 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 State soever they be that they and every of them as much as in them is shall uphold and maintain these Articles granted by our Sovereign 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 any wise assent to resist 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 Archbishop by our Authority in this Writing expressed do Excommunicate and Accurse and from the Body of our Lord Jesus Christ and from all the