have any part or profit thereof There shall be no disturbance of free Elections by face of Arms Malice or otherwise By the Statute called Articuli Super Chartas made in the 28 th year of the Reign of the aforesaid King There shall be chosen in every Shire by the Commonalty of the same Shire Three substantial men Knights or other lawful wise and well-disposed Persons who shall be Justices Sworn and Assigned by the Kings Letters Patents under the great Seal to hear and determine where before no remedy was at the Common Law such plaints as shall be made upon all those that do Commit or Offend against any point contained in the great Charter or Charter of the Forrest which were ordained to be proclaimed at four several quarters of the year in full County in every year in every County and to hear the Plaints as well within the Franchises as without and from day to day without allowing any the delays which be allowed by the Common Law and to punish by Imprisonment Ransom or Amercement according to the Trespass No Common Pleas shall be holden in the Exchequer contrary to the form of the great Charter the Marshal of the King's House shall not hold Plea of Free-hold Debt Covenant or Contract made betwixt the King's People but only of Trespasses done within the Verge and Contracts made by one Servant of the house with another The Chancellor and Justices of the King's Bench shall follow the King so that he may at all times have near unto him some that be Learned in the Laws which be able duly to order all such matters as shall come unto the Court at all times when need shall require No Writ that toucheth the Common Law shall go forth under any of the Petit Seals By an Act of Parliament made in the 34 th year of the Reign of the aforesaid King Nothing shall be purveyed to the King without the Owners assent By an Act of Parliament made in the Reign of the said King No Tallage or Aids shall be taken or levyed by the King or his Heirs within the Realm without the good will and assent of the Arch-Bishops Bishops Earls Barons Knights Burgesses and other Freemen of the Land By an Act of Parliament made in the first year of the Reign of King Edward the Third Aids granted to the King shall be taxed after the old manner By an Act of Parliament made in the second year of the Reign of the aforesaid King No Commandment under the King's Seal shall disturb or delay Justice No Bishops Temporalty shall be seized without good Cause Justices of Assize shall in their Sessions enquire of the Demeanour of Sheriffs Escheators Bailiffs and other Officers and punish the Offenders No Person shall be pardoned for an Utlary after Judgment without Agreement with the Plaintiff or Outlawed before Judgment until he do yield his Body to Prison By an Act of Parliament made in the 14 th year of the said King It was assented established and order'd that Delays and Errors in Judgments in other Courts shall be Redressed in Parliament by a Prelate 2 Earls and 2 Barons who by good advice of the Chancellor Treasurer and Justices of the one Bench and the other and of the King's Council as they shall think convenient shall proceed to make a good accord and Judgment And that the Chancellor Treasurer Keeper of the Privy Seal Justices of the one Bench and the other Chancellor and Barons of the Exchequer and Justices assigned and all that shall intermeddle in the said places under them shall by the advice of the said Arch-Bishop Earls and Barons make an Oath well and truly to serve the King and his People and by the advice of the said Prelate Earls and Barons to increase or diminish when need shall be the number of the said Ministers and from time to time when Officers shall be newly put in cause them to be sworn in like manner A Declaration by Act of Parliament made in the 25 th year of the said King's Reign What Offences shall be adjudged Treason and if any other Case supposed Treason not therein specified shall happen before any Justices they shall tarry without going to Judgment of the Person until the Cause be shewed and declared before the King and his Parliament whether it ought to be Judged Treason or other Felony By an Act of Parliament made in the same year No person shall be compelled to make any Loans to the King or charged with any benevolence None shall be Condemned upon Suggestion Imprisoned nor put out of his Free-hold nor his Franchises without Presentment but by the Law of the Land or by Process made by Writ Original at the Common Law nor that none shall be sent out of the Franchise or Free-hold unless he be duly brought to answer and fore-judged by Course of the Law and any thing done to the contrary shall be holden for none By an Act of Parliament made in the 5 th year of the Reign of King Richard the Second None shall enter into Lands where it is not lawful or with force under the pain of Imprisonment and Ransom at the King 's Will. A Penalty is to be inflicted upon a Clerk of the Exchequer which maketh out Process for a Debt discharged By the Statutes of the Fifth and Fifteenth of King Richard the Second where Lands or Tenements are entred and deteined by force the next Justice of the Peace is Impow'red to view the force and by the Power of the Sheriff and County to remove it and Imprison the Offenders and by the Statute of 8 th of H. 6. whether it be entred by force or it be continued and not entred by force may by a Jury impannel'd and their Verdict if the Deteiner hath not been Three years before in quiet possession reseise the said Lands and Tenements and put the party ejected into his former possession A man Impleaded in the Exchequer shall be received by himself or any other to plead his Discharge By an Act of Parliament made in the 12 th year of the aforesaid King The Chancellor Treasurer Keeper of the Privy Seal Steward of the King's House the King's Chamberlain Clerk of the Rolls Justices of the one Bench and the other Barons of the Exchequer and all that shall be called to ordain or make Justices of Peace Sheriffs Escheators Customers Comptrollers or any other Officer or Minister of the King shall be firmly sworn that they shall not make Justices of Peace Sheriffs Escheators Customers Comptroller or any other Officer or Minister of the King for any gift or brocage favour or affection By an Act of Parliament made in the 13 th year of the said King's Reign He that will that Swear he oweth nothing to the King shall be discharged no Bonds or Recognizances shall be taken for the King's Debts By an Act of Parliament made in
have in the making of other Laws from time to time been careful upon all occasions to erect and build to help to guard and protect their Liberties Rights and Priviledges together with the very great care which the Judges restraining all non obstantes of Acts of Parliament and Regal Dispensations unto what the Law allows or to the King 's particular Concernments do take in all their Judgments and Decisions Expositions Applications and Interpretations of Laws to assist and support the just Rights and Proprieties of the Subjects in their Lands and Estates and not in the least to prejudice them in their Common Assurances by Fines and Common Recoveries The Severity used by divers of our Kings in the Punishment of Briberies Extortions or Byassed and Illegal flattering Opinions of Judges The Oaths of the Lords and others of the King 's Privy Council who are usually the Greatest Noble and most concerned Men of Estate and Interest of the Nation Oath of the Lord Chancellor or Lord Keeper of the Great Seal of England well and truly to serve the King and his People and to do right to all manner of People according to the Law and Usages of the Realm Oaths of the Judges to do equal Law and execution of Right to all the King's Subjects rich and poor without having regard to any Person to deny no man Common Right by the King's Letters nor none other Mans nor for none other Cause Oaths of the King's Serjeants at Law well and truly to serve him and his People and as duly and hastily speed such Matters as any Man shall have against the King in the Law as they may lawfully do without delay or tarrying the Party for his lawful Process The Oaths of other Serjeants at Law well and truly to serve the King and his People and truly Counsel them Oaths of the Justices of Peace to do equal right to the Poor as to the Rich after the Laws and Customs of the Realm and Statutes thereof made Oaths of the Sheriffs to do right to Poor as well as Rich in all that belongeth to their Office to disturb no Man's Right nor to do wrong to any Man And the Oaths of the Escheators Clerks of the Chancery and Coroners with the Oaths of the Officers of Courts Under-Sheriffs and Bailiffs well and to execute Justice All which several Degrees of Men in the Nation would be as unwilling as any others to have the Lives Liberties and Estates of themselves and their Posterities or dearest Relations sacrificed to a lawless and unlimitted Power of their Kings and Princes And the Oaths of our Kings at their several Coronations to conserve the Liberties of the People and observe all the good Laws made by their Royal Progenitors and Predecessors with the Impossibility that ever the Lords and Commons in Parliament Assembled will consent to the abrogating of any of the aforesaid Laws and reasonable Customs be felones de se or deliver up themselves and their Posterities to the absolute Will and Pleasure of their Succeeding Kings and Princes may abundantly evidence how safely and securely the Property and Liberties of the People until Rebellion foolishly fancied Fears and Jealousies with their Discords distrust and plundering of one another shall put them under such another yoke as Oliver Cromwell had cheated them into may rest and are like inviolably to continue for ever protected against any the Incroachments of Arbitrary Power whilst they live under their King 's ancient Government Of which His late Majesty was so careful and so willing to dislodge all manner of Jealousies out of the Minds of his Subjects as he did in the Third year of his Reign give his Royal Assent as they call'd it unto their Petition of Right and made it an Act of Parliament wherein he not only Confirmed their Magna Charta and Charta Forestoe but the Act of Parliament assented unto by King Edward the First De Tallagio non Concedendo The Act of Parliament made in the First year of the Reign of King Edward the Third cap. 6. The Act of Parliament made in the 25 th year of the Reign of the aforesaid King That no Man should be compelled to make any Loans to the King against his will The Statutes of the 28 E. 3. ca. 3. 37 E. 3. ca. 18. 38 E. 3. ca. 9. 42 E. 3. ca. 3. 11 R. 2. ca. 9. 17 R. 2. ca. 6. and 1 R. 3. ca. 2. Charged all his Officers and Ministers to serve him according to the Laws and Statutes of the Realm as they tendered the Honour of his Majesty and the Prosperity of the Kingdom Banished as he hoped for ever all their Fears of the Infringing of their Liberties and given cause of Content to them and that Parliament to such a satiety such a fulness and nè plus ultra as unless they would have been Consortes Imperii and require to have a share in his Regality and Government there was no more to be asked or requested of him or granted by him Imprisoned shortly after in the Tower of London John Earl of Clare and the greatly Learned Selden for but having Copies in their Custody of some Florentine and Foreign Laws and Customs proposed by Sir Robert Dudley a Titular Duke of Tuscany to be imitated by him here in England as a means to raise Money by Impositions laid upon the People and caused his Attorney General to exhibit a Bill against them in the Star-Chamber for Disquieting his Subjects with Fears and Jealousies And was so ready from time to time to Condescend to their Infirmities and give Satisfaction to them in all their Concerns and Scruples as he suffered those two great Cases of the Habeas Corpus and the Ship Money wherein his necessary Prerogative for the good of himself and his People was not a little concerned to be publickly and solemnly argued in the Course and Method of the Laws in foro Contradictorio before the Judges and shewed no displeasure afterwards but much kindness unto Justice Hutton and Justice Croke who in the Case of the Ship Money had in their Arguments and Opinions delivered thereupon against him in the Exchequer Chamber dissented from all the rest and greater number of the Judges And His now Royal Majesty treading the good old Paths of Queen Elizabeth his Grandfather King James and his Royal Father doth in all Matters of difficulty in the absence of Parliaments where the Laws and Justice of the Nation are likely to be more than ordinarily concerned consult and advise with the Judges hath not long ago Superseded one of them for some harsh usage and discontent given to the Countrey in his Circuits and takes all the care he can to choose and make Judges and his Learned Council at the Law out of the most able honest experienced and eminent practisers of it and hath but lately in several of his Speeches in Parliament declared and promised that he would give his consent unto any good Laws
perswade her or her Learned Successor notwithstanding the Horrid design of the Gunpowder Treason against him and his Posterity and the wiser as they should be and better part of his Subjects Assembled in Parliament to be more than prudentially rigorous to that Party whose Friends in other Countries might retalliate any Severity used to theirs And although she made some fierce and smart Laws to affright those that called themselves Catholicks for principles inconsistent with the Safety of her Soveraignty and its Government which in all these Acts of Parliament appeared to be more against the Emissaries from Rome which came to Seduce and lead them into such dangerous Errors than to forbid any thing that was Innocent in the private Devotions religious and practical part of it that Great Queen and King well understanding that they could not by any Rules of State Justice or Modesty of which Princes when there is not so great Inequality as to give them an absolute Dominion over one another are usually very tender require any Ease or Liberties for Protestants living under other Princes and their Laws when they can neither promise or perform Mutualities or Reciprocations And therefore the Learned King James when the House of Commons in Parliament had Petitioned him to give some stop to the growth of Popery one Cause whereof they assigned to be the Interposition of Foreign Princes Embassadors and Agents in favour of Papists Answered That they might rest secure that he would never be weary to do all he could for the Propagation of the Protestant Religion and Suppression of Popery but the manner and form they were to remit to his Care and Providence who could best consider of times and seasons but his Care of Religion must be such as on the one part he must not by the hot Persecution of our Recusants at home irritate Foreign Princes of a contrary Religion and teach them a way to plague the Protestants in their Dominions with whom he daily interceeded and at that time principally for ease to them of our Profession that live under them And in the 21 th year of his Reign in a Speech which he made in Parliament declared to the Lords and Commons That it was true that at times for Reasons best known to himself he did not so fully put Laws in Execution against Recusants but did wink and connive at some things which might have hindred more weighty Affairs But he did never in all his Treaties agree to any thing to the overthrow and dissolution of those Laws but had in all a chief care of the preservation of that truth which he ever professed for as it was a good Horseman's part not always to use his Spurs and keep strait the Reins but sometime to suffer the Reins to be more remiss So it was the part of a Wise King and his Age and Experience in Government had informed him sometimes to quicken the Laws with Executions and at other times upon just Occasions to be more remiss But as God shall Judge him he never thought or meant nor ever in any word expressed any thing that savoured of it and prayed them to root out Jealousies which were the greatest Weeds in their Garden For certainly to Consiseate two parts of three of a Papist's Lands or disinherit the next Heir if bred up in that Religion can never amount to the avail of Protestants in Transilvania Hungary Bohemia Silesia Moravia Poland Upper or Lower Austria Piedmont Flanders Brabant and the rest of the Belgick Provinces nor under those which were United and Confederate the Hause-Towns Bearne and some other of the Cantons of Switzerland and the bad enough already used Multitudes of Huguenots in France Nor can the Persecution or destroying of the greater part of the Protestants beyond the Seas to gratifie the humerous pretences and causeless fears of the more Imprudent and lesser part of the Protestants of England be by any rule of right reason adjudged to be for the Protestant Interest And upon the like advice and reason may our fears of any Invasion upon our Properties and just Rights disappear and vanish as soon as they shall with any eye of Judgment be but looked upon nor will ever be able to endure the touchstone of Truth when our Liberties are so Impregnable and fortified by very many of our good Laws and Liberties and by our Magna Charta and Charters de Foresta more than Thirty times confirmed by Acts of Parliament for those great Charters were never singly or by themselves so many times confirmed by Acts of Parliament When by that excellent Law and Charter freely granted in the Ninth year of the Reign of King Hen. 3. No Freeman may be taken or Imprisoned or be disseised of his freehold Liberties or free Customs be Outlawed or Exiled or in any manner destroyed but by the lawful Judgment of his Peers or by the Law of the Land no man shall be amerced for a small fault or if for a greater saving to him his Contenement and a Merchant saving to him his Merchandize Earls and Barons shall not be amerced but by their Peers the King will not sell deny or defer any Man either Justice or Right No Man of the Church shall be amerced after the quantity of his Spiritual benefit but after the quantity of his Lay-tenement and the quantity of his Offence and a Villain shall not be amerced but saving his Wainage and that all things done to the contrary shall be void Sureties or Pledges shall not be Charged for any Debts of the King if the Debtor hath Goods and Chattels to pay the Debt and is ready to pay None shall be Distreined for more Service than is due Common Pleas shall not follow the King 's Court. Those that do commit Redisseisin shall be Imprisoned and not delivered without special Commandment of the King and shall make Fine to the King for the Trespass By an Act of Parliament made in the Third year of King Edward the First none shall be attached by any occasion nor fore-judged of life or limb nor his Lands Tenements Goods or Chattels seised into the King's hands against the form of the Great Charter and the Law of the Land No City Burrough or Town nor any Man shall be amerced without reasonable Cause and according to the quantity of his Trespass that is to say every Freeman saving his Free-hold and Merchant saving his Merchandize a Villain saving his Gainure and that by his or their Peers By an Act of Parliament made in the 25th year of his Reign The King will take no Aids or Prizes but by the Common consent of the Realm saving the ancient Aids and Prizes due and accustomed Aids and Taxes granted to the King shall not be taken for a Custom No Officer of the King by themselves or any other shall maintain Pleas Suits or Matters hanging in the King's Court for Lands Tenements or other things to
Nations who were the Mediators for Peace at Cologne emboldened by our home Divisions and want of Supplies lengthened it self beyond all Expectation And hath notwithstanding in the Interim by his Protections Royal and many other Cares taken done as much as he could to keep the Bankers from Arrests Imprisonments and other Ruines impendant often happening and falling upon Men indebted Although if Reports and the Laments of some that were concerned be not much mistaken a great part of that Money was belonging to many of his own Servants who by his Bounty and Places of Profit under him had easily gained it and many of those who so heavily complained of that detention of their Moneys had for their own advantages intrusted it to the Bankers who by an Imaginary Credit far exceeding their own Estates furnishing one man with another man's Money and paying out that which was but the same day or a little before come in had inticed a great part of the Money of the Nation into their hands And some if not many of the Owners did well enough understand that they did not only furnish them and their Credits upon all Emergent occasions of Profit or Accommodation by that kind of alluring much of the Money of the Nation into their Custody but his Majesty also at an high and intollerable Usury which if a strict enquiry were made by His Majesty or Order of Parliament of the particular Owners of the Money brought into the Exchequer by the Bankers and from thence borrowed and made use of by his Majesty upon his Publick and most urgent Affairs would plainly appear And it will be as manifest that he afterwards gave no respite to his Royal Cares and Intentions of Repaying it with the Legal or as much Interest as the Bankers were to pay for it And finding that the Fee Farm Rents amounting unto Seventy thousand pounds per annum sold at Sixteen years Purchase which nothing but a grand Necessity could enforce him to Alien for that many of them being the Tenths were by two several Acts of Parliament annexed to the Imperial Crown of England for the maintenance thereof and were as so many Ties and Obligations which made the Owners of these Lands to be dependant upon the Crown would not reach to a Satisfaction of his other Debts and Expences which having been longer due were more importunate than those of the Bankers did lately in a Speech to the Lords and Commons in Parliament make it his earnest Request that they would take the Necessity and speedy Payment of the Bankers into their Considerations And when nothing of help could be obtain'd for that purpose did by his Letters Patents under his great Seal with great difficulty and hardship order a part of his burdened Revenue to be assigned for the due and orderly payment of the Interest until the Principal Moneys should be justly satisfied and paid So as his doings therein or making use of that Money if impartially and judiciously weighed in the Ballance of Truth and Judgment is not to be called a seizure or forcible taking of the Bankers Money or to be ranked either as to the necessity or the thing it self or the number of the persons concerned with what King Edward the First a Wise and Prudent Prince did do when he in the 22 year of his Reign seized into his hands upon occasion of supplying the Publick Necessities all the Wools in the Kingdom as the Merchants were lading them in the Ports giving them Security for Payment at his own Rates and a long day and a short price and transported them to his own best and readiest Sale and at another time upon a like necessity seized all the Pope's Moneys which had been Collected for him by the Clergy of England amounting to very great Sums of Money towards the Wars of the Holy Land gave Protections to those that had the Custody of it and retain'd and made use of it for his then pressing Publick Affairs two years and more notwithstanding that the Pope had in the mean time sent unto him then hugely formidable threatning Bulls and Letters for it Or the like done by King Edward the Third in the 12 th year of his Reign with all the Tynne or with what King Henry the 6 th did by way of Purveyance of great Store of Grain and Corn and transporting it into Gascony where it was very dear or by Queen Elizabeth of a great deal of Beer Transported and sold to her use beyond the Seas and by defraying a great part of the Charges of her Wars in Ireland with Moneys Coined of Tynne with a promise to make a Satisfaction for it with Moneys made of Silver which was justly performed by her and King James her Learned Successor Concerning all which matters fears and jealousies I can be confident your Sentiments and mine will so little disagree as your Judgment of the Ages past and observations of the rise and progress of our late Troubles and Miseries which brought the greatest Shame and Scandal to the Protestant Religion profest in England and Scotland that ever it had or could have laid upon it and cast an unhappy Reflection upon those that were in the parts beyond the Seas will not refuse me your Company in the Opinion of a Truth so experimented that the fruit of all those Artifices rather than any just cause of any such fears or apprehensions have yielded no better Effects than the Ruine and Confusion of the former Glory and Honour of our Nation by setting up a Rebellious part of the People the Offspring as to some of their Levelling Principles of Wat Tiler and Jack Cade to undo and Rule over the better sort of the People and the Poor to Plunder and rob the Rich. And that therefore they which have been the cause of so many Mischiefs and Evils which their and our Seri Nepotes will have reason enough bitterly to bewail and without God's great Mercy will scarcely live to see eradicated ought better to consult their Conscience the Precepts and Examples of Wisdom Salus Populi Interest of the Kingdom and Honour of the King and Nation and abandoning their former Follies and false Lights which led them and their partakers into so great Sins and made them to be the Causes of so many National Miseries not run themselves and others into the fear of one or two incertain Evils but an Hundred which will be most certain and can never be recalled And I cannot but assure my self that you will be ready to conclude with me that there is no Rational or just Cause of Fear that we can have by any Infection contracted from the now Laws and manner of Government of France under His most Christian Majesty For until their Civil and Intestine Wars and Ill Usage of Charles the Fifth and Charles the Seventh their Kings in their greatest Distresses that Nation had Liberties more than at present they have or are likely to enjoy And that our