accord voluntarily and freely give 5 Nor take nor receive any other or greater Sum or Sums for each nights Lodging or other Expences than what is reasonable and fitting in such cases or shall be so adjudged by the next Justice of the Peace or at the next quarter-Quarter-Sessions 6. And shall not cause or procure the said person or persons to pay for any other Wine Beer Ale Victuals Tobacco or other things than what the said person or persons shall voluntarily freely and particularly call for And that every Under-Sheriff Gaoler Keeper of Prison or Gaol and every person or persons whatsoever to whose Custody any person or persons shall be delivered or commited by virtue of any Writ of Process or any pretence whatsoever shall permit and suffer the said person or persons at his and their will and pleasure to send for and have any Beer Ale Victuals and other necessary Food where and from whence they please and also to have and use such Bedding Linnen and other things as the said person or persons shall think fit without any purloyning detaining or paying for the same or any part thereof nor shall demand take or receive of the said person or persons any other or greater Fee or Fees whatsoever for his her or their Commitment Release or Discharge or for his her or their Chamber-Rent than what is allowable by Law untill the same shall be settled by three Justices of the Peace whereof one to be of the Quorum of each particular County City and Town Corporate in their several Precincts and for the City of London and Counties of Middlesex and Surrey the two Lord Chief Justices of the Kings's-Bench and Common-Pleas and the Lord Chief Baron or any two of them and the Justices of the Peace of the same in their several Jurisdictions And likewise that the said Lord Chief Justice Lord Chief Baron and Justices of the Peace in their several Jurisdictions and all Commissioners for Charitable Uses do their best Endeavours and Diligence to Examine and finde out the several Legacies Gifts and Bequests bestowed and given for the Benefit and Advantage of the Poor Prisoners for Debt in the several Gaols and Prisons in this Kingdom and to send for any Deeds Wills Writings and Books of Accompts whatsoever and any person or persons concerned therein and to Examine them upon Oath to make true discovery thereof which they have full Power and Authority hereby to do and the same so found out and ascertained to order and settle in some manner and way that the Prisoners hereafter may not be defrauded but Receive the full benefit thereof according to the true intent of the Donors And that these Accounts of the several Legacies Gifts and Bequests given and bestowed upon the several Prisoners for Debt within this Kingdom and the several Rates of Fees and the future Government of Prisons be signed and confirmed by the Lord Chief Justices and Lord Chief Baron or any two of them for the time being and the Justices of the Peace in London Middlesex and Surrey and by the Judges for the several Circuits and Justices of the Peace for the time being in their several Precincts and fairly written and hung up in a Table in every Gaol and Prison before the first day of November 1671. and likewise be Registred by each and every Clerk of the Peace within his or their particular Jurisdiction And after such Establishment no other or greater Fee or Fees than shall be so Established shall be Demanded or Received And whereas it is become the common practice of Gaolers and Keepers of Newgate the Gate-house at Westminster and sundry other Gaols and Prisons to Lodge together in one Room or Chamber and Bed Prisoners for Debt and Felons whereby many times honest Gentlemen Trades-men and others Prisoners for Debt are disturbed and hindered in the night-time from their natural Rest by reason of their Fetters and Irons and otherwise much offended and troubled by their lewd and prophane Language and Discourses with most horrid Cursing and Swearing much accustomed to such persons 2. Be it Enacted by the Authority aforesaid that it shall not be lawful hereafter for any Sheriff Gaoler or Keeper of any Gaol or Prison to put keep or Lodge Prisoners for Debt and Felons together in one Room or Chamber but that they shall be put kept and Lodged separate and apart one from another in distinct Rooms 3. Upon pain that he she or they which shall offend against this Act or the true Intent and meaning thereof or any part thereof shall forfeit and lose his or her Office Place or Imployment and shall forfeit treble damages to the party grieved to be Recovered by vertue of this Act any Law Statute Usage or Custom to the contrary in any wise notwithstanding And to the End that English-men may more entirely enjoy their due Freedoms the prudence of our Legislators have thought fit from time to time to Remove Encroachments thereupon though under pretence of Jurisdictions and Courts of Justice and to prohibit any Exorbitant Arbitrary Power for the future but that all things may be left to the calm and equal proceedings of Law and that most excellent Method of Trial by Juries one of the principal Bulwarks of England's Liberties For an Instance hereof take the Act following An Act for Regulating of the Privy Council and for taking away the Court commonly called the Star-Chamber VVHereas by the Great Charter many times confirmed in Parliament it is Enacted That no Freeman shall be taken or Imprisoned or Disseized of his Freehold or Liberties or Free Customs or be Outlawed or Exiled or otherwise destroyed and that the King will not pass upon him or condemn him but by lawful Judgment of his Peers or by the Law of the Land 2. And by another Statute made in the fifth year of the Reign of King Edward it is Enacted That no man shall be Attached by any Accusation nor fore-judged of Life or Limb nor his Lands Tenements Goods nor Chattels seized into the King's Hands against the Form of the Great Charter and the Law of the Land 3. And by another Statute made in the five and twentieth year of the Reign of the same King Edward the third it is Accorded Assented and Established That none shall be taken by Petition or Suggestion made to the King or to his Council unless it be by Indictment or Presentment of good and lawful people of the same Neighbourhood where such Deeds be done in due manner or by Process made by Writ Original at the Common Law and that none be put out of his Franchise or Freehold unless he be duly brought in to Answer and fore-judged of the same by the course of the Law And if any thing be done against the same it shall be Redressad and holden for none 4. And by another Statute made in the eight and twentieth year of the Reign of the same King Edward the Third it is amongst other things Enacted That
follows I A. B. do declare that it is not lawful upon any pretence whatsoever to take Arms against the King and that I do abhor that Traiterous position of taking Arms by his Authority against his Person or against those that are commissioned by him and that I will conform to the Liturgy of the Church of England as it is now by Law established And I do declare That I do hold there lies no Obligation upon me nor any other person from the Oath commonly called the solemn League and Covenant to endeavour any change or alteration of Government either in Church or State and that the same was in it self an unlawful Oath and imposed upon the Subjects of this Realm against the known Laws and Liberties of this Kingdom But note that this last branch of this Declaration by a subsequent clause of the same Act was to continue but till the 25th day of March 1682. so that now the same is not to be required And thus much for this Five-Mile Act. We now proceed to the other Statute against Protestant Dissenters viz. Anno Vicessimo Secundo Caroli Secundi Regis Cap. 1. An Act to prevent and suppress Seditions Conventicles For providing further and more speedy Remedies against the growing and dangerous practices of Seditious Sectaries and other disloyal persons who under pretence of Tender Consciences have or may at their Meetings contrive Insurrections as late Experience hath shewn 2. Be it enacted by the King 's most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by Authority of the same That if any person of the Age of sixteen years or upwards being a Subject of this Realm at any time after the tenth day of May next shall be present at any Assembly Conventicle or Meeting under colour or pretence of any Exercise of Religion in other manner than according to the Liturgy and practice of the Church of England in any place within the Kingdom of England Dominion of Wales or Town of Berwick upon Tweed at which Conventicle Meeting or Assembly there shall be five persons or more Assembled together over and besides those of the same houshold if it be in a house where there is a Family inhabiting or if it be in a house field or place where there is no Family inhabiting then where any five persons or more are so Assembled as aforesaid it shall and may be lawful to and for any one or more Justices of the Peace of the County Limit Division Corporation or Liberty wherein the Offence aforesaid shall be Committed or for the chief Magistrate of the place where the Offence aforesaid shall be committed and he and they are hereby Required and Enjoyned upon Proof to him or them Respectively made of such Offence either by Confession of the Party or Oath of two Witnesses 3. Which Oath the said Justice and Justices of the Peace and Chief Magistrate respectively are hereby Required and Impowered to Administer or by Notorious Evidence and Circumstance of the fact to make a Record of every such Offence under his or their Hands and Seals respectively which Record so made as aforesaid shall to all intents and purposes be in Law taken and adjudged to be a full and perfect Conviction of every such Offender for such offence and thereupon the said Justice Justices and Chief Magistrate respectively shall Impose on every such Offender so convict as aforesaid a Fine of five shillings for such first Offence which Record and Conviction shall be certified by the said Justice Justices or Chief Magistrate at the next quarter-Quarter-Sessions of the Peace for the County or place where the Offence was committed 2. And be it further Enacted by the Authority aforesaid That if such Offender so convicted as aforesaid shall at any time again commit the like Offence or Offences contrary to this Act and be thereof in manner aforesaid convicted then such Offender so convict of such like Offence or Offences shall for every such Offence incur the penalty of ten shillings 2. Which Fine and Fines for the first and every other Offence shall be Levied by Distress and Sale of the Offenders Goods and Chattels or in case of the poverty of such Offender upon the Goods and Chattels of any other person or persons who shall be then convicted in manner aforesaid of the like Offence at the same Conventicle at the discretion of the said Justice Justices or Chief Magistrate respectively so as the Sum to be Levied on any one person in case of the poverty of other Offenders amount not in the whole to above the Sum of ten pounds upon occasion of any one Meeting as aforesaid 3. And every Constable Headborough Tythingman Church-Wardens and Over-seers of the Poor respectively are hereby Authorized and Required to Levy the same accordingly having first received a Warrant under the Hands and Seals of the said Justice Justices or Chief Magistrate respectively so to do 4 The said Monies so to be Levied to be forthwith delivered to the same Justice Justices or Chief Magistrate and by him or them to be distributed the one third part thereof to the use of the King's Majesty His Heirs and Successors to be paid to the High Sheriff of the County for the time being in manner following that is to say the Justice or Justices of Peace shall pay the same into the Court of the respective quarter-Quarter-Sessions which said Court shall deliver the same to the Sheriff and make a Memorial on Record of the payment and delivery thereof which said Memorial shall be a sufficient and final discharge to the said Justice and Justices and a charge to the Sheriff which said discharge and charge shall be certified into the Exchequer together and not one without the other And no Justice shall or may be questioned or accountable for the same in the Exchequer or elsewhere than in quarter-Quarter-Sessions another third part thereof to and for the use of the Poor of the Parish where such Offence shall be committed and the other third part thereof to the Informer and Informers and to such Person and persons as the said Justice Justices or chief Magistrate respectively shall appoint having regard to their diligence and Industry in the discovery dispersing and punishing of the said Conventicles 3. And be it further enacted by the Authority aforesaid That every person who shall take upon him to preach or teach in any such Meeting Assembly or Conventicle and shall thereof be convicted as aforesaid shall forfeit for every such first Offence the sum of Twenty pound to be Levied in manner aforesaid upon his Goods and Chattles 2. And if the said Preacher or Teacher so convicted be a stranger and his Name and Habitation not known and is fled and cannot be found or in the Judgment of the Justice Justices or chief Magistrate before whom he shall be convicted shall be thought unable to pay the same the said
Justice Justices or chief Magistrate respectively are hereby impowered and required to levy the same by Warrant as aforesaid upon the Goods Chattels of any such persons who shall be present at the same Conventicle any thing in this or any other Act. Law or Statute to the contrary notwithstanding and the Money so levied to be disposed of in manner aforesaid 3. And if such Offender so convicted as aforesaid shall at any time again commit the like Offence or Offences contrary to this Act and be thereof convicted in manner aforesaid then such Offendor so convicted of such like Offence or Offences shall for every such Offence incur the penalty of Forty pounds to be levied and disposed as aforesaid 4. And be it further enacted by the Authority aforesaid That every person that shall wittingly and willingly suffer any such Conventicle Meeting or unlawful Assembly aforesaid to be held in his or her House Out-house Barn Yard or Backside and be convicted thereof in manner aforesaid shall forfeit the sum of 20 l. to be levied in manner aforesaid upon his or her Goods and Chattels or in case of his or her poverty or inability as aforesaid upon the Goods and Chattels of such persons who shall be convicted in manner abovesaid of being present at the same Conventicle and the Money so levied to be disposed of in manner aforesaid 5. Provided always and be it enacted by the Authority aforesaid That no person shall by any clause of this Act be liable to pay above Ten Pounds for any one Meeting in regard of the poverty of any other person or persons Provided also and be it further enacted That in all cases of this Act where the penalty or sum charged upon any Offendor exceeds the sum of Ten shillings and such offendor shall find himself aggrieved it shall and may be lawful for him within one Week after the said penalty or Money charged shall be paid or levied to appeal in writing from the person or persons convicting to the judgment of the Justices of the Peace in the next quarter-Quarter-Sessions 2. To whom the Justice or Justices of Peace chief Magistrate or Alderman that first convicted such offendor shall return the Money levied upon the Appellant and shall certifie under his and their Hands and Seals the Evidence upon which the conviction past with the whole Record thereof and the said Appeal 3. Whereupon such Offendor may plead and make defence and have his Tryal by a Jury thereupon 4. And in case such Appellant shall not prosecute with effect or if that upon such Trial he shall not be acquitted or Judgment pass not for him upon his said Appeal the said Justices at the Sessions shall give treble costs against such Offendor for his unjust Appeal 5. and no other Court whatsoever shall intermeddle with any cause or causes of Appeal upon this Act but they shall be finally determined in the Quarter-Sessions only 7. Provided alwaies and be it further Enacted that upon the delivery of such Appeal as aforesaid the person or persons appellant shall enter before the person or persons Convicting into a Recognizance to Prosecute the said Appeal with Effect 2. Which said Recognizance the Person or Persons Convicting is hereby Impowered to take and Required to Certifie the same to the next quarter Sessions 3. And in Case no such Recognizance be entred into the said Appeal to be null and Void 8. Provided alwaies that every such Appeal shall be left with the Person or Persons so Convicting as aforesaid at the time of the making thereof 9. And be it further Enacted by the Authority aforesaid that the Justice Justices of the Peace and Chief Magistrate respectively or the respective Constables Headboroughs and Tything-men by Warrant from the said Justice Justices or Chief Magistrate respectively shall and may with what Aid Force and Assistance they shall think fit for the better Execution of this Act after Refusal or Denial to enter break open and enter into any House or other place where they shall be Informed of any such Conventicle as aforesaid is or shall be held as well within Liberties as without 2. And take into their Custody the Persons there unlawfully Assembled to the Intent they may be proceeded against according to this Act 3. And that the Lieutenants or Deputy Lieutenants or any Commissionated Officer of the Militia or other of his Majesties forces with such Troops or Companies of Horse and Foot and also the Sheriffs and other Magistrates and Ministers of Justice or any of them jointly or severally within any of the Counties or Places within this Kingdom of England Dominion of Wales or Town of Berwick upon Tweed with such other Assistance as they shall think meet or can get in Readiness with the soonest on Certificate made to them respectively under the Hand and Seal of any one Justice of the Peace or Chief Magistrate of his particular Information or Knowledge of such unlawful Meeting or Conventicle held or to be held in their respective Counties or Places and that he with such Assistance as he can get together is not able to suppress and dissolve the same shall and may and are hereby required and enjoyned to Repair unto the place where they are so held or to be held and by the best means they can Dissolve Dissipate or prevent all such unlawful Meetings and take into their Custody such and so many of the said Persons so unlawfully Assembled as they shall think fit to the Intent they may be Proceeded against according to this Act. 10. Provided alwaies that no Dwelling-house of any Peer of this Realm where he or his Wife shall then be Resident shall be searched by vertue of this Act but by immediate Warrant from his Majesty under his Sign Manual or in the Presence of the Lieutenant or one Deputy Lieutenant or two Justices of the Peace whereof one to be of the Quorum of the same County or Riding 11. And be it further Enacted by the Authority aforesaid that if any Constable Headborough Tythingman Church-warden or Overseer of the Poor who Shall know or be credibly Informed of any such Meetings or Conventicles held within his Precincts Parishes or Limits and shall not give Information thereof to some Justice of the Peace or the chief Magistrate and endeavour the Conviction of the Parties according to his Duty but such Constable Headborough Tything-man Church-warden Overseers of the Poor or any person lawfully called in Aid of the Constable Headborough or Tything-man shall wilfully and wittingly omit the performance of his Duty in the Execution of this Act and Be thereof Convicted in manner aforesaid he shall forfeit for every such Offence the Summe of five Pound to be Levyed upon his Goods and Chattels and disposed in manner aforesaid 2. And that if any Justice of the Peace or Chief Magistrate shall wilfully and wittingly omit the Performance of his Duty in the Execution of this Act he shall forfeit the Summe of one
hundred Pounds the one Moiety to the use of the Informer to be Recovered by Action Suit Bill or Plaint in any of his Majesties Courts at Westminster wherein no Essoign Protection or Wager of Law shall lie 12. And be it further Enacted by the Authority aforesaid that if any Person be at any time Sued for putting in Execution any of the Powers contained in this Act otherwise than upon Appeal allowed by this Act such Person shall and may Plead the General Issue and give the special matter in Evidence 2. And if the Plaintiff be Nonsuit or a Verdict pass for the Defendant every such Defendant shall have his full Treble Costs 13. And be it further Enacted by the Authority aforesaid that this Act and all clauses therein contained shall be Construed most largely and beneficially for the suppressing of Conventicles and for the Justification and Encouragement of all Persons to be Employed in the Execution thereof 2. And that no Record Warrant or Mittimus to be made by Vertue of this Act or any Proceedings thereupon shall be Reversed Avoided or any way Impeached by reason of any Default in form 3. And in Case any Person offending against this Act shall be an Inhabitant in any other County or Corporation or fly into any other County or Corporation after the Offence Committed the Justice of Peace or Chief Magistrate before whom he shall be Convicted as aforesaid shall certifie the same under his hand and Seal to any Justice of Peace or chief Magistrate of such other County or Corporation wherein the said person or persons are Inhabitants or are Fled into 4. Which said Justice or chief Magistrate respectively is hereby Authorized and required to Levy the Penalty or Penalties in this Act mentioned upon the Goods and Chattels of such person or Persons as fully as the said other Justice of Peace might have done in case he or they had been Inhabitants in the place where the Offence was Committed 14. Provided also that no Person shall be Punished for any Offence against this Act unless such Offender be Prosecuted for the same within three Months after the Offence Committed 2. And that no Person who shall be Punished for any Offence by Vertue of this Act shall be Punished for the same Offence by Vertue of any other Act or Law whatsoever 15. Provided and be it further Enacted by the Authority aforesaid that every Alderman of London for the time being within the City of London and the Liberties thereof shall have and they and every of them are hereby Impowered and required to Execute the same power and Authority within London and the Liberties thereof for the Examining Convicting and Punishing of all Offences within this Act committed within London and the Liberties thereof which any Justice of Peace hath by this Act in any County of England and shall be subject to the same Penalties and Punishments for not doing that which by this Act is directed to be done by any Justice of Peace in any County of England 16. Provided and be it Enacted by the Authority aforesaid that if the Person Offending and Convicted as aforesaid be a Feme-covert cohabiting with her Husband the Penalties of five Shillings and ten Shillings so as aforesaid Incurred shall be Levyed by Warrant as aforesaid upon the Goods and Chattels of the Husband of each Feme-covert 17. Provided also that no Peer of this Realm shall be Attached or Imprisoned by Vertue or Force of this Act any thing matter or clause therein to the contrary notwithstanding 18. Provided also that neither this Act nor any thing therein contained shall extend to Invalidate or avoid his Majesties Supremacy in Ecclesiastical Affairs 2. But that his Majesty and his Heirs and Successors from time to time and at all times hereafter Exercise and Enjoy all Powers and Authority in Ecclesiastical Affairs as fully and as amply as himself or any of his Predecessors have or might have done the same any thing in this Act notwithstanding Notes upon the foregoing Act. 1. By the Title Preamble and Scope of the Act it appears that the same is intended for suppressing Seditious Conventicles under Pretence of Religious Worship that is where the Conventiclers meet together under a pretence of Worship not according to the Liturgy and Practice of the Church of England but indeed to carry on ill designs against the State 2. If any such Conventicle be the Justices knowing it by the Oaths of two Witnesses may make a Record thereof and then the Persons so offending shall forfeit so as in the Act you have heard 3. It must appear upon Oath before the Justices or Confession of the Parties 1. That it was a Seditious Conventicle met together to disturb the Peace under pretence of Religion 2. That the Worship there practised was not according to the Liturgy and Practice of the Church of England so that the Informers must be present the whole time of the Meeting for if they only hear a man Praying or Preaching that is not contrary to the Practice of the Church of England and how does it appear that they did not read the Liturgy 3. It must be proved that there were Assembled five Persons or more besides the Inhabitants in the House 4. If a party be Fined above ten Shillings if he pay down the Money or it be levied within one Week after such Payment or Levy he may Appeal from the Justice Convicting to the next quarter-Quarter-Sessions where he shall have a Tryal by Jury thereupon and undoubtedly if it do not appear to the said Jury that it was a Seditious Meeting they ought to find for the Appealer 5. A General Warrant from any Justice or Justices to Constables to inquire after Seize c. all Conventicles in their Precincts is not good it ought to particularize the House and Place Houses and Places where the Conventicle is or Conventicles are held and then the Constable ought forthwith to goe and if he finds it so to suppress it but otherwise the Constable might be put to endless Vexation in hunting after Meetings to no purpose whereas the Act enjoyns him no such trouble and if you go once and find no Conventicle you are not obliged to go a second time on the same Warrant but ought to have a new one nor is the Constable obliged to turn Informer 6. As to Breaking open Doors you see the Act directs that it may be done first only in an House where 't is Inform'd there is actually a Conventicle as aforesaid that is upon the Oaths of two Persons 2. the Constables c. cannot do this without first there be a Demand and Denial to enter 3. Nor then neither without a Warrant from the Justice to that purpose If a Constable upon a light vain tale without two persons Swearing it that there is at such a House a Meeting and without Warrant shall venture to break open the Doors and there be found no Conventicle he makes himself liable to
shall be tryed for any Offence against this Act by his Peers but if Convicted shall be disabled to sit in Parliament during Life And thus much for what is Treason at this day By the Statute of 1 and 2 Phil. and Mar. cap 10. All Trials for Treason shall be only according to the Course of the Common Law And though the greater part of that Statute being Temporary be expired yet this Clause is still in Force The Judgment in all Cases of High Treason except for Counterfeiting Coin for a man is That he shall be drawn on an Hurdle or Sledge to the place of Execution and there be Hanged by the Neck to be cut down being yet alive his Privy Members cut off his Bowels ript up taken out and burnt before his face his Headsevered from his Body his Body divided into four Quarters which are to be disposed of as the King shall order But for Counterfeiting Coin only Drawn and Hanged And in both Cases for a Woman for Modesty sake it is only that she shall be Burnt The reasons or signification of this horrid Judgment on a man for Treason are thus by some rendred and Interpreted 1. He is drawn on a Sledg or Hurdle on the ground in the Dirt to shew that his Pride is brought down for Treason commonly springs from Ambition 2. On this Hurdle he is drawn backward to shew that his Actings have been contrary to Order unnatural and Preposterous 3. He is Hanged between Heaven and Earth as unworthy of either 4. He is cut down yet alive and his Privities cut off to shew that he was unfit to Propagate any Posterity 5. His Head is severed from his Body because his mischevious Brain contrived the Treason 6. His Body is divided to shew that all his Machinations and Devices are torn to pieces and brought to nought and into four parts that they may be scattered towards the four Quarters of the World Heading being part of the judgment in Treason the King commonly to persons of Quality Pardons all the rest of the Sentence and so they are only Beheaded But if a person be Attainted of Murder or any other Felony if he be Beheaded 't is no Execution of the Judgment because there the Judgment always is that he be Hanged till he be dead which cannot be altered So that had Count Conning smark lately been Convicted and Condemned for the Murder of Esquire Thynn all his Guinies or his Friends could not have preserved him from the Gallows unless they could have got an intire Pardon Any person being Indicted for Treason may Challenge that is except against or refuse Five and Thirty Jurors peremptorily that is for his pleasure or for reasons best known to himself and without assigning any Cause to the Court But if he Challenge more that is above three full Juries he Forseits his Goods and Judgment of Peinfort dure that is of being pressed to Death shall pass upon him as one that refuseth the Trial of the Law In Cases of Murder and Felony a man cannot Challenge peremptorily above the number of Twenty But with Cause he may except against more And this is by the Stat. of 22. H. 8. cap. 14. And certainly since the Law of England which is a Law of Mercy does in Favour of Life not only order a man to be Tryed by a Jury of his Country and Equals but also allows him to refuse and have Liberty of excepting against so many of those as shall be Impanelled for that purpose It cannot be supposed that the same Law ever intended that the Prisoner should be denyed a Copy of the Pannel of his Jury that so by the Information of his Friends or otherwise he may know their Qualities Circumstances and Inchnations for how else shall he know whom to Challenge peremptorily and whom to Challenge with Cause to allow a man such Liberty of Challenge and give him no opportunity of such Inquiry is but to mock the Prisoner to whom possibly the whole Jury by face and name may be utter Strangers and sure the wisdom of our Laws never thought every Prisoner so skilled in Metoposcopy that meerly by looking on a parcel of men he could tell which of them were indifferent and which biassed against him Another Statute of King Edward the third Anno 2. Edw. 3. cap. 2. In what Cases only Pardon of Felony shall be granted c. ITem Whereas Offendors have been greatly encouraged because the Charters of Pardon have been so easily granted in times past of Man-slaughters Roberies Felonies and other Trespasses against the Peace 2 It is ordained and Enacted that such Charters shall not be granted but only where the King may do it by his Oath that is to say where a man slayeth another in his own Defence or by Misfortune 3 And also they have been encouraged because that the Justices of the Goal-Delivery and of Oyer and Terminer have been procured by great men against the Form of the Statute made in the 27th year of the Reign of King Edward Grandfather to our Lord the King that now is wherein is Contained that Justices Assigned to take Assizes if they be Lay-Men shall make deliverance and if the one be a Clerk and the other a Lay-man that the Lay-Judge with another of the Countrey associate to him shall deliver the Goals 4 Wherefore it is Enacted that Justices shall not be made against the Form of the said Statute 5 And that the Assizes Attaints and Certifications be taken before the Justices commonly Assigned which should be good men and Lawful having knowledg of the Law and none other after the Form if another Statute made in the time of the said King Edward the first 6 And that the Oyers and Terminers shall not be granted but before the Justices of the one Bench or the other or the Justices Errants and that great hurt or horrible Trespasses and of the Kings special Grace after the Form of the Sâ—atute thereof ordained in time of the said Grandfather and none otherwise The Comment Touching this Statute and several others to the same purpose as 14. Edw. 3. cap. 14. and 10. Edw. 3. cap. 2. and 13. R. 2. cap. 1. and 16. R. cap. 6. c. We shall only give you the words of Cook in the third part of his Instit fo 236. What things the King may pardon and in what manner and what he cannot pardon falleth now to be treated of IN case of death of man Robberies and Felonies against the Peace divers Acts of Parliament have Restrained the power of granting Charters of pardons first that no such Charters shall be granted but in case where the King may do it by his Oath Secondly That no man shall obtain Charters out of Parliament Stat. 4. Edw 3. cap 13. And accordingly in a Parliament Roll it is said for the Peace of the Land it would much help if good Justices were appointed in every County if such as be let to mainprize do put
Assent and Consent to the use of all things contained and prescribed in the Book of Common-Prayer and Administration of the Sacraments and other Rites Ceremonies of the Church according to the use of the Church of England or have not subscribed the Declaration or Acknowledgment contained in a certain Act of Parliament made in the 14 Year of His Majesties Reign and Intituled An Act for the Vniformity of publick Prayers and Administration of Sacraments and other Rites and Ceremonies and for the establishing the Form of making ordaining and consecrating of Bishops Priests and Deacons in the Church of England according to the said Act or any other subsequent Act And whereas they or some of them and diverse other person and persons not ordained according to the Form of the Church of England and as have since the Act of Oblivion taked upon them to preach in unlawful Assemblies Conventicles or Meetings under colour or pretence of Exercise of Religion contrary to the Laws and Statutes of this Kingdom have setled themselves in divers Corporations in England sometimes three or more of them in a place thereby taking an opportunity to distil the poisonous Principles of Schism and Rebellion into the hearts of His Majesties Subjects to the great danger of the Church and Kingdom II. Be it therefore enacted by the Kings most excellent Majesty by and with the Advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same That the said Parsons Vicars Curates Lecturers and other persons in Holy Orders or pretended Holy Orders or pretending to Holy Orders and all Stipendiaries or other persons who have been possessed of any Ecclesiastical or Spiritual Promotion and every of them who have not declared their unfeigned Assent and Consent as aforesaid and subscribed the Declaration aforesaid and shall not take and subcribe the Oath following I A. B. do swear That it is not lawful upon any pretence whatsoever to take Arms against the King and that I do abhor that Traiterous position of taking Arms by his Authority against his Person or against those that are commissioned by him in pursuance of such Commissions and that I will not at any time endeavour any Alteration of Government either in Church or State III. And all such person and persons as shall take upon them to preach in any unlawful Assembly Conventicle or Meeting under colour or pretence of any exercise of Religion contrary to the Laws and Statutes of this Kingdom 2. shall not at any time from and after the 24th day of March which shall be in this present year of our Lord God One thousand six hundred sixty and five unless only in passing upon the Road come or be within five Miles of any City or Town Corporate or Burrough that sends Burgesses to the Parliament within His Majesties Kingdom of England Principality of Wales or of the Town of Berwick upon Tweed 3 or within five Miles of any parish Town or place wherein he or they have since the Act of Oblivion been Parson Vicar Curate Stipendiary or Lecturer or taken upon them to preach in any unlawful Assembly Conventicle or Meeting under colour or pretence of any exercise of Religion contrary to the Laws and Statutes of this Kingdom 4 Before he or they have taken and subscribed the Oath aforesaid before the Justices of the Peace at their quarter-Quarter-Sessions to be holden for County Riding or Division next unto the said Corporation City or Burrough Parish place or Town in open Court which said Oath the said Justices are hereby impowered there to administer 5 Upon forfeiture for every such Offence the sum of Forty pounds of lawful English Money the one third part thereof to His Majesty and His Successors the other third part to the use of the poor of the Parish where the Offence shall be committed and the other third part thereof to such person or persons as shall or will sue for the same by Action of Debt Plaint Bill or Information in any Court of Record at Westminster or before any Justices of Assize Oyer and Terminer or Gaol-delivery or before any Justices of the Counties Palatine of Chester Lancaster or Durham or the Justices of the great Sessions in Wales or before any Justices of Peace in their Quarter Sessions wherein no Essoin Protection or wager of Law shall be allowed IV. Provided always and be it further enacted by the Authority aforesaid That it shall not be lawful for any person or persons restrained from coming to any City Town Corporate Burrough Parish Town or place as aforesaid or for any other Person or Persons as shall not first take and subscribe the aforesaid Oath and as shall not frequent Divine Service established by the Laws of this Kingdom and carry him or her self reverently decently and orderly there to teach any publick or private School or take any Boarders or Tablers that are taught or instructed by him or her self or any other upon pain for every such Offence to forfeit the sum of Forty pounds to be recovered and distributed as aforesaid V. Provided also and be it further enacted by the Authority aforesaid that it shall be lawful for any two Justices of the Peace of the respective County upon Oath to them of any Offence against this Act which Oath they are hereby impowered to administer to commit the Offender for six Months without Bail or Mainprise unless upon or before such Commitment he shall before the said Justices of the Peace swear and subscribe the aforesaid Oath and Declaration VI. Provided always that if any person intended to be restrained by vertue of this Act shall without fraud or Covin be served with any Writ Sub-poena Warranr or other Process whereby his personal appearance is required his Obedience to such Writ Sub-poena or Process shall not be construed an Offence against this Act. Note That as to the Penalty of Forty Pound the party must be tried at the Assises or Sessions before it is forfeited But any two Justices of Peace may commit for six Months unless before them he 'l swear and subscribe the Oath in this Declaration specified the Assent and Consent and the Declaration therein referr'd unto which if he do he puts himself out of their power Now the Assent and Consent he has spoke of is appointed by the Stat. 13 and 14. of Car. 2di chap. 4. as follows I A. B. do here declare my unfeigned Assent Consent to all every thing contained prescribed in by the Book intituled the Book of common Prayer Administration of the Sacraments and other Rites and Ceremonies of the Church according to the use of the Church of England together with the Psalter or Psalms of David pointed as they are to be sung or said in Churches and the form and manner of making ordaining and consecrating of Bishops Priests and Deacons The Declaration is by the Act last mentioned as
place then under pretence of Service as Ambassador or the like he might send him into the furthest part of the World which being an Exile is prohibited by this Act. 5. No Man destroyed That is forejudged of Life or Limb or put to Torture or Death every oppression against Law by colour of any usurped Authority is a kind of destruction And the words Aliquo modo any otherwise are added to this Verb destroyed and to no other Verb in this Chapter and therefore all things by any manner of means tending to destruction are prohibited as if a Man be accused or Indicted of Treason or Felony his Lands or Goods cannot be granted to any no not so much as by promise nor any of his Lands or Goods seized into the Kings hands before he is Attainted For when a Subject obtaineth a promise of the forfeiture many times undue means and more violent prosecution is used for private Lucre tending to destruction than the quiet and just proceeding of the Law would permit and the party ought to live of his own until Attainder 6. By Lawful Judgment of his Peers That is by his Equals Men of his own Rank and Condition The general division of Persons by the Law of England is either one that is Noble and in respect of his Nobility of the Lords House of Parliament or one of the Commons and in respect thereof of the House of Commons in Parliament And as there be divers degrees of Nobility as Dukes Marquesses Earls Viscounts and Barons and yet all of them are comprehended under this word Peers and are Peers of the Realm so of the Commons there be Knights Esquires Gentlemen Citizens and Yeomen and yet all of them of the Commons of the Realm And as every of the Nobles is one a Peer to another though he be of a several degree so it is of the Commons and as it hath been said of Men so doth it hold of Noble Women either by Birth or Marriage And forasmuch as this Judgment by Peers is called Lawful it shews the Antiquity of this manner of Trial It was the ancient accustomed Legal Course long before this Charter Or by the Law of the Land That is by due process of Law for so the words are expresly expounded by the Stat. of 37 Edw. 3. chap. 8. And these words are specially to be referred to those foregoing to whom they relate As none shall be condemn'd without a lawful Trial by his Peers so none shall be taken Imprison'd or put out of his Free-hold without due process of the Law that is by the Indictment or Presentment of good and lawful Men of the place in due manner or by Writ Original of the Common-Law Now seeing that no Man can be Taken Arrested Attached or Imprisoned but by due process of Law and according to the Law of the Land these conclusions hereupon do follow 1. That the Person or Persons which commit any must have lawful Authority 2. It is necessary that the Warrant or Mittimus be lawful and that must be in Writing under his Hand and Seal 3. The Cause must be contained in the Warrant as for Treason Felony c. Suspicion of Treason or Felony or the like particular Crime For if it do not thus specifie the Cause if the Prisoner bring his Habeas Corpus he must be discharged because no Crime appears on the Return Nor is it in such Case any offence at all if the Prisoner make his escape whereas if the Mittimus contain the Cause the escape would respectively be Treason or Felony though in Truth he were not Guilty of the first offence And this mentioning the Cause is agreeable to Scripture Acts 5. 4. The Warrant or Mittimus containing a lawful Cause ought to have a lawful conclusion c. And him safely to keep until he be delivered by Law c. and not until the party committing shall further Order If any Man by colour of any Authority where he hath not any in that particular Case shall presume to Arrest or Imprison any Man or cause him to be Arrested or Imprisoned this is against this Act and it is most hateful when it is done by Countenance of Justice King Edw. the 6th did Incorporate the Town of Saint Albans and granted to them to make Ordinances c. They made a by-Law upon pain of Imprisonment and it was adjudged to be against this Statute of Magna Charta so it had been if such an Ordinance had been contained in the Patent it self We will sell to no Man deny to no Man c. This is spoken in the Person of the King who in Judgment of Law in all his Courts of Justice is present And therefore every Subject of this Realm for injury done to him in Bonis Terris vel Persona in Person Lands or Goods by any other Subject Ecclesiastical or Temporal whatever he be without exception may take his Remedy by the course of the Law and have Justice and Right for the Injury done him Freely without sale Fully without any denial and Speedily without delay For Justice must have three Qualities it must be Libera Free for nothing is more odious than Justice set to sale Plena Full for Justice ought not to limp or be granted Piece-meal and Celeris speedy Quia Dilatio est quaedam negatio Delay is a kind of denial And when all these meet it is both Justice and Right We will not deny nor delay any Man c. These words have been excellently expounded by latter Acts of Parliament that by no means common right or common law should be disturbed or delayed no though it be commanded under the Great Seal or Privy Seal Order Writ Letters Message or Commandment whatsoever either from the King or any other and that the Justices shall proceed as if no such Writs Letters Order Message or other Commandment were come to them all our Judges swear to this for 't is part of their Oaths so that if any shall be found wresting the Law to serve a Court Turn they are perjur'd as well as unjust The Common-laws of the Realm should by no means be delayed for the Law is the surest Sanctuary that a Man can take and the strongest Fortress to protect the weakest of all Lex est tutissima Cassis the Law is a most safe Head-piece and sub Clipeo legis nemo decipitur no man is deceived whilst the Law is his Buckler but the King may stay his own suit as a Capias pro fine for the King may Respit his Fine and the like All Protections that are not Legal which appear not in the Register nor warranted by our Books are expresly against this Branch nulli diffâ—remus we will not delay any Man As a Protection under the Great Seal granted to any Man directed to the Sheriffs c. and commanding them that they shall not Arrest him during a certain time at any other Mans suit which hath words in it Per Prerogativâ—m nostram
quam nolumus esse Arguendam By our Prerogative which we will not have disputed Yet such Protections have been argued by the Judges according to their Oath and Duty and adjuged to be void As Mich. 11 H. 7. Rot. 124. a Protection granted to Holmes a Vintrier of London his Factors Servants and Deputies c. Resolved to be against Law Pasch 7. H. 8. Rot. 66. such a Protection disallowed and the Sheriff amerced for not executing the Writ Mich. 13. and 14 Eiiz. in Hitchcocks Case and many other of latter time And there is a notable Record of Ancient time in 22 E. 1. John de Mershals Case Non pertinct ad vicecomitem de protectione Regis Judicare imo ad Curiam Justice or Right We shall not sell deny or delay Justice and Right neither the End which is Justice nor the Mean whereby we may attain to the End and that is the Law Right is taken here for Law in the same sence that Justice often is so called 1. Because it is the Right Line whereby Justice distributive is Guided and Directed and therefore all the Commissioners of Oier and Terminer of Gaol-delivery of the Peace c. have this Clause Facturi quod ad Justititiam pertinet secundum Legem Consuetudinem Angliae that is to do Justice and Right according to the Rule of the Law and Custom of England and that which is called Common Right in 2 E. 3. is called Common-Law in 14 E. 3. c. and in this sence it is taken where it is said Ita quod stat Rectus in Curia id est Legi in Curia 2. The Law is called Rectum because it discovereth that which is Tort Crooked or Wrong for as Right signifieth Law so Tort Crooked or Wrong signifieth Injuries and Injuria est contra Jus Injury is against Right Recta Linea est index sui obliqui a right line is both declaratory of it self and the oblique Hereby the Crooked Cord of that which is called Discretion appeareth to be unlawful unless you take it as it ought to be discretio est discernere per Legem quid sit Justum discretion is to discern by the Law what is Just 3. It is called Right because it is the best Birth-right the Subject hath for thereby his Goods Lands Wife and Children his Body Life Honour and Estimation are protected from Injury and Wrong Major Haereditas venit unicunque nostrum a Jure Legibus quam a Parentibus A greater Inheritance descends to us from the Laws than from our Progenitors Thus far the very words of that Oracle of our Law the Sage and Learned Coke which so fully and excellently explain this incomparable Law that it will be superfluous to add any thing further thereunto A Confirmation of the Charters of the Liberties of England and of the Forrest made in the 35th Year of Edw. the First EDward by the Grace of God King of England Lord of Ireland and Duke of Guyan to all those these present Letters shall hear or see Greeting Know ye that we to the Honour of God and of Holy Church and to the profit of our Realm have granted for us and our Heirs that the Charter of Liberties and the Charter of the 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 Charter 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 Justicers Sheriffs Majors and other Ministers which under us have the Laws of our Land to guide shall allow the same Charters pleaded before them in Jugdment in all their points that is to wit the Great Charter as the Common Law and the Charter of the Forrest for the Wealth of our Realm Chap. 2. And we will that if any Judgment be given from henceforth contrary to the points of the Charters aforesaid by the Justicers or by any other our Ministers that hold plea before them against the points of the Charters it shall be undone and holden for nought Cap. 3. 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 Cap. 4. And that all Archbishops and Bishops shall pronounce the Sentence of Excommunication against all those that by Word Deed or Council do contrary to the foresaid Charters or that in any point break or undo them And that the said Curses be twice a Year ddenounced 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 Archbishop of Canterbury and York for the time being shall compel and distrain them to the Execution of their Duties in Form aforesaid Cap. 5. And for so much as divers People of our Realm are in fear that the Aids and Tasks which they have given to us beforetime towards our Wars and other Business of their own Grant or good Will however they were made might turn to a bondage to them and their Heirs because they might be at another time found in the Rolls and likewise for the prizes taken throughout the Realm by our Ministers We have granted for us and our Heirs that we shall not draw no such Aids Tasks nor Prises into a Custom for any that hath been done heretofore be it by Roll or any other Precedent that may be founden Cap. 6. Moerover we have granted for us and our Heirs as well to Archbishops Bishops Abbots Priors and other folk of Holy Church as also to Earls Barons and to all the Commonalty of the Land that for no business from henceforth we shall take such manner of Aids Tasks or Prises but by the common assent of the Realm and for the common profit thereof saving the Ancient Aids and Prises due and accustomed Cap. 7. And for so much as the more part of the Commonalty of the Realm find themselves sore grieved with the Maletot of Woolls that is to wit a Toll of Forty Shillings for every sack of Wooll and have made Petition to us for to Release the same We at their Request have clearly Released it and have granted for us and our Heirs that we shall not take such things without their common consent and good will saving to Us and Our Heirs the Custom of Woolls Skins and Leather granted before by the Commonalty aforesaid In Witness of which things we have caused our Letters to be Patent Witness Edward our Son at London the 10th of October and the Twenty
or make payment in deceit of our said Lord the King and of his People 7. And if a Man Slay the Chancellor Treasurer or the Kings Justice of the one Bench or the other Justices in Eyre or Justices of Assize and all other Justices Assigned to Hear and Determine being in their Places doing their Offices 8. And it is to be understood that in the Cases above rehearsed that ought to be judged Treason which extends to our Lord the King and of his Royal Majesty 9. And of such Treason the Forfeiture of the Escheats pertaineth to our Lord as well of the Lands and Tenement holden of other as of himself 10. And moreover there is another manner of Treason that is to say when a Servant slayeth his Master or a Wife her Husband or when a Man Secular or Religious slayeth his Prelate to whom he oweth Faith and Obedience 11. And of such Treason the Escheats cught to pertain to every Lord of his own Fee 12. And because that many other like Cases of Treason may happen in time to come which a man cannot think nor declare at this present time it is Accorded That if any other Case supposed Treason which is not above specified doth happen before any Justices the Justices shall tarry without any going to Judgment of the Treason till the Cause be shewed and declared before the King and his Parliament whether it ought to be judged Treason or other Felony 13. And if percase any Man of this Realm Ride Armed covertly or secret with Men of Arms against any other to Slay him or Rob him or Take him or Retain him till he hath made Fine or Ransome for to have his deliverance it is not the mind of the King nor his Council that in such Case it shall be judged Treason but shall be judged Felony or Trespass according to the Laws of the Land of old time used and according as the Case requireth 14. And if in such Case or other like before this time any Justices have judged Treason and for this cause the Lands and Tenements have come into the Kings hands as forfeit the chief Lords of the Fee shall have the Escheats of the Tenements holden of them whether that the same Tenements be in the Kings hands or in others by Gift or in other manner 15. Saving always to our Lord the King the Year and the Waste and the sorfeitures of Chattels which pertain to him in the Cases above named 16. And that the Writs of Scire Facias be granted in such Case against the Land-Tenants without other Original and without allowing any Protection in the said Suit 17. And that of the Lands which be in the Kings hands Writs be granted to the Sheriffs of the Counties where the Lands be to deliver them out of the Kings hands without delay The Comment TReason is derived from Trabir which signifies Treacherously to betray when it concerns the Government and the Publick 't is called High Treason but against particular Persons as a Wife killing her Husband a Servant his Master c. it is Petty Treason High Treason in the Civil Law is called Crimen Laesae Majestatis a Crime wronging Majesty but in our Common-Law-Latine Alta proditio and in an Indictment for this offence the word Proditorie must be in Before the making this Act so many things were charged as High Treason That no Man knew how to behave himself Now by this Statute the particulars of that Grand Crime are reckoned up and all others excluded till declared by Parliament And the settling of this Affair was esteemed of such Importance to the Publick-Weal That the Parliament wherein this Act passed was called long after Benedictum Parliamentum the Blessed Parliament The substance of this Statute is branched out by my Lord Cook 3d. part of Instit. Fol. 3. into six Heads viz. The first concerning Death by compassing or imagining the death of the King Queen or Prince and declaring the same by some Overt Deed. By killing and murdering of the Chancellor Treasurer Justices of either Bench Justices in Eyre Justices of Assize Justices of Oier and Terminer In their Places doing their Offices The second is to Violate that is to Carnally know the Queen the Kings Eldest Daughter unmarried the Princes Wife The third is Levying War against the King The fourth is Adhering to the Kings Enemies within the Realm or without and declaring the same by some overt Act. The fifth is Counterfeiting of the Great the Privy Seal or the Kings Coin The sixth and last by bringing into this Realm Counterfeit Mony to the likeness of the Kings Coin Now as to the particular Exposition of the several parts of this Statute 1. When a man doth compass c. in the Original it is Quant Home which extends to both Sexes but one that is Non compos mentis or an Infant within the Age of discretion is not included but all Allens within the Realm of England being thereby under the Kings Protection and owing a Local Allegiance if they commit Treason may be punisht by this Act but otherwise it is of an Enemy 2. To compass and Imagine Is to contrive design or intend the death of the King but this must be declared by some Overt Act. But declaring by an open Act a design to Depose or Imprison the King is an Over Act to manifest the compassing his death For they that will depose their King will not stick to Murder him rather than fail of their end and as King Charles the First excellently observed and lamentably experienced There are commonly but few steps between the Prisons and the Graves of Princes 3. By the word King is intended 1. A King before his Coronation as soon as ever the Crown descends upon him for the Coronation is but a Ceremony 2. A King de Facto and not de Jure is a King within this Act and a Treason against him is punishable thô the Right Heir get the Crown 3. A Titular King as the Husband of the Queen is not a King within this Act but the Queen is for the word King here includes both Sexes 4. What is to be understood by the Kings Eldest Son and Heir within this Act I answer 1. A second Son after the death of the first Born is within the Act for he is then Eldest Secondly The Eldest Son of a Queen Regnant is as well within the Statute as of a King Thirdly The Collateral Heir Apparent or Presumptive is not within this Statute Roger Mortimer Earl of March was in Anno Dom. 1487. 11 Rich. 2. Proclaimed Heir Apparent Anno 39. Hen. 6. Richard Duke of York was likewise Proclaimed Heir Apparent and so was John de la Poolen Earl of Lincoln by Rich. 3. And Henry Marquess of Exeter by King Henry the 8. But none of these or the like are within the Purview of this Statute saith my Lord Coke 3 Instit fol. 9. 5. Note Whereas in the Printed Statute-Books it is there
betwixt the said Sheriffs and the said Chusers so to be made 5 and every Sheriff of the Realm of England shall have power by the said authority to examine upon the Evangelists every such Chuser how much he may expend by the year 6 and if any Sheriff returned Knights to come to the Parliament contrary to the said Ordinance the Justices of Assizes in their Sessions of Assizes shall have power by the authority aforesaid thereof to enquire 7 and if by inquest the same be found before the Justices and the Sheriff thereof be duly attainted that then the said Sheriff shall incur the pain of an hundred pounds to be paid to our Lord the King and also that he have Imprisonment by a year without being let to mainprise or bail 8 and that the Knights for the Parliament returned contrary to the said Ordinance shall lose their wages Provided always that he which cannot expend forty Shillings by year as afore is said shall in no wise be Chuser of the Knights for the Parliament 2 and that in every Writ that shall hereafter go forth to the Sheriffs to chuse knights for the Parliament mention be made of the said Ordinances Note Though this Statute make the penalty on a Sheriff but 100 l. for a false Return yet the House may further punish him by Imprisonment c. at their pleasure by the Law and Custom of Parliaments We shall now proceed to certain excellent Laws of a latter Date made for the explanation and conservation of our Liberties and in the first place present you with that excellent Petition of Right granted by King Charles the first Anno Regni Caroli Regis Tertio The PETITION exhibited to His Majesty by the Lords Spiritual and Temporal and Commons in this present Parliament assembled concerning diverse Rights and Liberties of the Subjects To the Kings most excellent Majesty HUmbly shew unto our Soveraign Lord the King the Lords Spiritual and Temporal and Commons in Parliament assembled That whereas it is declared and enacted by a Statute made in the time of the Reign of King Edward the first commonly called Statutum de Tallagio non Concedendo that no Tallage or Aid shall be laid or Levyed by the King or his Heirs in this Realm without the good Will and Assent of the Arch-bishops Bishops Earles Barons Knights Burgesses and other the Freemen of the Commonalty of this Realm 2 and by authority of Parliament holden in the five and twentieth year of the Reign of King Edward the third it is declared and Enacted that from thenceforth no person should be Compelled to make any Loans to the King against his Will because such Loans were against Reason and the Franchise of the Land 3 And by other Laws of the Realm it is provided that none should be Charged by any Charges or Imposition called a Benevolence nor by such like Charge 4 By which the Statute before mentioned and othe the good Laws and Statutes of this Realm your Subjects have Inherited this Freedom that they should not be Compelled to Contribute to any Tax Tallage Aid or other like Charge not set by Common Consent in Parliament 2. Yet nevertheless of late divers Commissions directed to sundry Commissioners in several Counties with Instructions have Issued by means whereof your people have been in divers places Assembled and required to lend certain Sums of Money unto your Mejesty and many of them upon their refusal so to do have had an Oath administred unto them not warrantable by the Laws or Statutes of this Realm and have been Constrained to become bound to make Appearance and Attendance before your Privy Council and in other places and others of them have been therefore Imprisoned Confined and sundry other ways molested and disquieted 2 and divers other Charges have been laid and levyed upon your people in several Counties by Lord Lieutenants and Deputy Lieutenants Commissioners for Musters Justices of Peace and others by Command or direction from your Majesty to your Privy Council against the Law and free Customs of this Realm 3. And where also by the Statute called the great Charter of the Liberties of England it is declared and Enacted that no Freeman may be taken or imprisoned or be disseised of his Freehold or Liberties or of his free Customs or be outlawed or Exiled or in any manner destroyed but by the lawfull Judgment of his Peers or by the Law of the Land 4. And in the eight and twentieth year of the Reign of King Edward the third it was declared and Enacted by Authority of Parliament that no man of what Estate or Condition that he be should be put out of his Land or Tenements nor taken nor Imprisoned nor disherited nor put to death without being brought to answer by due process of Law 5. Nevertheless against the tenor of the said Statutes and other the good Laws and Statutes of your Realm to that end provided diverse of your Subjects of late have been Imprisoned without any cause shewed 2 and when for their deliverance they were brought before Justices by your Majesties Writs of Habeas Corpus there to undergo and receive as the Court should order and their keepers commanded to certify the causes of their detainour no cause was certifyed but that they were detained by your Majesties special command signified by the Lords of your privy Council and yet were returned back to several prisons without being charged with any thing to which they might make answer according to the Law 6. Whereas of late great Companies of Souldiers and Mariners have been dispersed into diverse Counties of the Realm and the Inhabitants against their wills have been compelled to receive them into their Houses and there to suffer them to sojourn against the Laws and Customes of this Realm and to the great grievance and vexation of the People 7. And whereas also by authority of Parliament and in the five and twentieth year of the reign of King Edward the third it is declared and enacted that no man shall be forejudged of life and limb against the form of the great Charter and Law of the Land 2 and by the said great Charter and other the Laws and Statutes of this Your Realm no man ought to be Judged to death but by the Laws established in this your Realm either by the Customes of the Realm or by Acts of Parliament 3 And whereas no offendor of what kind soever is exempted from the proceedings to be used and punishments to be Inflicted by the Laws and Statutes of this your Realm nevertheless of late diverse Commissions under Your Majesties great Seal have Issued forth by which certain persons have been Assigned and appointed Commisioners with power and authority to proceed within the Land according to the Justice of Martial Law against such Souldiers and Mariners or other dissolute persons joining with them as should commit any Murder Robbery Felony Mutiny or other Outrage or Misdemeanour whatsoever and by such summary Course
own Bond to pay the Charges of carrying back the Prisoner if he shall be Remanded by the Court or Judge to which he shall be brought according to the true intent of this present Act and that he will not make any Escape by the way make Return of such Writ 3 And bring or cause to be brought the Body of the party so Committed or Restrained unto or before the Lord Chancellor or Lord Keeper of the Great Seal of England for the time being or the Judges or Barons of the said Court from whence the said Writ shall Issue or unto and before such other person or persons before whom the said Writ is made returnable according to the Command thereof 4 And shall then likewise certifie the true Causes of his Detainer or Imprisonment unless the Commitment of the said party be in any place beyond the distance of twenty Miles from the place or places where such Court or Person is or shall be Residing and if beyond the distance of twenty Miles and not above one hundred Miles than within the space of twenty days after such the delivery aforesaid and not longer III. And to the Intent that no Sheriff Goaler or other Officer may pretend ignorance of the import of any such Writ 2 Be it Enacted by the Authority aforesaid That all such Writs shall be marked in this manner Perstatutum Tricesimo primo Caroli Secundi Regis and shall be signed by the person that Awards the same 3 And if any person or persons shall be or stand Committed or Detained as aforesaid for any Crime unless for Felâ—ny or Treason plainly expressed in the Warrant of Commitment in the Vacation time and out of Term it shall and may be lawful to and for the person or persons so Committed or Detained other than persons Convict or in Execution by Legal Process or any one on his or their behalf to Appeal or complain to the Lord Chancellor or Lord Keeper or any one of His Majesties Justices either of the one Bench or of the other or the Barons of the Exchequer of the degree of the Coif 3 And the said Lord Chancellor Lord Keeper Instices or Barons or any of them upon view of the Copy or Copies of the Warrant or Warrants of Commitment and Detainer or otherwise upon Oath made that such Copy or Copies were denied to be given by such person or persons or any on his her or their behalf attested and subscribed by two Witnesses who were present at the delivery of the same to award and grant an Habeas Corpus under the Seal of such Court whereof he shall then be one of the Judges 5 To be directed to the Officer or Officers in whose Custody the party so Committed or Detained shall be returnable immediately before the said Lord Chancellor or Lord Keeper or such Justice Baron or any other Justice or Baron of the Degree of the Coif of any of the said Courts 6 And upon service thereof as aforesaid the Officer or Officers his or their under Officer or under Officers under Keeper or under Keepers or Deputy to whose Custody the party is so Committed or Detained shall within the times respectively before limited bring such Prisoner or Prisoners before the said Lord Chancellor or Lord Keeper or such Justices Barons or one of them before whom the said Writ is made Return able and in case of his absence before any other of them with the Return of such Writ and the true Causes of the Commitment and Detainer 7 And thereupon within two days after the party shall be brought before them the said Lord Chancellor or Lord Keeper or such Justice or Baron before whom the Prisoner shall be brought as aforesaid shall discharge the said Prisoner from his Imprisonment taking his or their Recognizance with one or more surety or sureties in any sum according to their discretion having regard to the Quality of the Prisoner and Nature of the Offence for his or their appearance in the Court of Kings Bench the Term following or at the next Assizes Sessions or General Goal-delivery of and for such County City or Place where the Commitment was or where the Offence was Committed or in such other Court where the said Offence is properly Recognizable as the Case shall require and then shall Certifie the said Writ with the Return thereof and the said Recognizance or Recognizances into the said Court where such appearance is to be made 6 Unless it shall appear unto the said Lord Chancellor or Lord Keeper or Justice or Justices Baron or Barons that the party so Committed is Detained upon a Legal Process Order or Warrant out of some Court that hath Jurisdiction of Criminal matters or by some Warrant Signed and Sealed with the Hand and Seal of any of the said Justices or Barons or some Justice or Justices of the Peace for such matters or offences for the which by the Law the Prisoner is not Bailable IV. Provided always and be it Enacted That if any person shall have wilfully neglected by the space of two whole Terms after his Imprisonment to pray a Habeas Corpus for his Enlargement such person so wilfully neglecting shall not have any Habeas Corpus to be granted in Vacation time in pursuance of this Act. V. Be it further Enacted by the Authority aforesaid That if any Officer or Officers his or their Under-Officer Under-Officers Under-Keeper or Under-Keepers or Deputy shall neglect or Refuse to make the Returns aforesaid or to Bring the Body or Bodies of the Prisoner or Prisoners according to the Command of the said Writ within the Respective times aforesaid or upon demand made by the Prisoner or Person in his Behalf shall Resuse to deliver or within the space of six hours after demand shall not deliver to the Person so demanding a true Copy of the Warrant or Warrants of Commitment and detainer of such Prisoner which he or they are hereby Required to deliver accordingly all and every the Head Gaolers and Keepers of such Prisons and such other Person in whose Custody the Prisoner shall be detained shall for the first Offence forfeit to the Prisoner or Party Grieved the sum of one hundred pounds 2. And for the second Offence the sum of two hundred pounds and shall and is hereby made Incapable to Hold or Execute his said Office 3. the said penalties to be Recovered by the Prisoner or Party grieved his Executors or Administrators against such Offenders his Executors or Administrators by any Action of Debt Suit Bill plaint or Information in any of the King's Courts at Westmin wherein no Essoign Protection priviledge Injunction Wager of Law or stay of Prosecution by Non vult ulterius prosequi or otherwise shall be Admitted or Allowed or any more than one Imparlance 4. And any Recovery or Judgment at the Suit of any Party Grieved shall be a sufficient Conviction for the first Offence and any after Recovery or Judgment at the suit of a Party Grieved for
any Offence after the first Judgment shall be a sufficient Conviction to Bring the Officers or Person within the said penalty for the second Offence 6. And for the prevention of unjust Vexation by Reiterated Commitments for the same 2. Be it Enacted by the Authority aforesaid That no Person or Persons which shall be delivered or set at Large upon any Habeas Corpus shall at any time hereafter be again Imprisoned or Committed for the same Offence by any Person or Persons whatsoever other than by the Legal order and process of such Court wherein he or they shall be Bound by Recognizance to appear or other Court having Jurisdiction of the Cause 3. And if any other Person or Persons shall knowingly contrary to this Act Recommit or Imprison or knowingly procure or Cause to be Recommitted or Imprisoned for the same Offence or pretended Offence any Person or Persons delivered or set at Large as aforesaid or be knowingly aiding or Assisting therein then he or they shall forfeit to the Prisoner or Party Greived the sum of five hundred pounds any colourable pretence or variation in the Warrant or Warrants of Commitment notwithstandin to be Recovered as aforesaid 7. Provided alwayes and be it further Enacted That if any Person or Persons shall be Committed for High Treason or Felony Plainly and specially Expressed in the Warrant of Commitment upon his prayer or petition in open Court the first week of the Term or first day of the Sessions of Oyer and Terminer or General Gaol delivery to be Brought to his Tryal shall not be indicted sometime in the next Term Sessions of Oyer and Terminer or General Gaol delivery after such Commitment It shall and may be Lawful to and for the Judges of the Court of Kings Bench and Justices of Oyer and Terminer or General Gaol delivery and they are hereby Required upon motion to them made in open Court the last day of the Term Sessions or Gaol delivery either by the Prisoner or any one in his Behalf to set at Liberty the Prisoner upon Bail unless it appear to the Judges and Justices upon Oath made that the Witnesses for the King could not be produced the same Term Sessions or General Gaol delivery 2. And If any person or persons Committed as aforesaid upon his prayer or petition in open Court the first week of the Term or first day of the Sessions of Oyer and Terminer and General Gaol delivery to be Brought to his Tryal shall not be Indicted and Tryed the second Term Sessions of Oyer and Terminer or General Gaol delivery after his Commitment or upon his Tryal shall be Acquitted he shall be discharged from his Imprisonment 8. Provided alwaies That nothing in this Act shall Extend to discharge out of prison any person charged in debt or other Action or with process in any Civil Cause but that after he shall be discharged of his Imprisonment for such his Criminal Offence he shall be kept in Custody according to Law for such other suit 9. Provided alwaies and be it Enacted by the Authority aforesaid That if any person or persons subâ—ects of this Realm shall be Committed to any prison or in Custody of any Officer or Officers whatsoever for any Criminal or Supposed Criminal matter That the said person shall not be Removed from the said prison and custody into the custody of any other Officer or Officers 2. unless it be by Habeas Corpus or some other Legal writ or where the prisoner is delivered to the Constable or other Inferiour Officer to carry such prisoner to some common Gaol 3. or where any person is sent by â—rder of any Judge of Assize or Justice of the peace â—o any Common workhouse or house of Correction 4. or where the prisoner is Removed from one prion or place to another within the same County in order to his or her Tryal or discharge in due Course of Law 5. or in case of sudden fire or Infection â—r other Necessity 6. And if any person or persons â—hall after such Commitment aforesaid make out and â—ign or Countersign any Warrant or Warrants for â—uch Removal aforesaid contrary to this Act as well â—e that makes or signs or Countersigns such Warrant or Warrants as the Officer or Officers that obey or Execute the same shall suffer and Incur the pains and Forfeitures in this Act before-mentioned both for the first and second Offence Respectively to be Recovered in manner aforesaid by the party Grieved 10. Provided also and be it further Enacted by the Authority aforesaid That it shall and may be Lawful to and for any prisoner and prisoners as aforesaid to move and obtain his or their Habeas Corpus as well out of the High Court of Chancery or Court of Exchequer as out of the Courts of Kings Bench or common pleas or either of them 2. And if the said Lord Chancellour or Lord Keeper or any Judge or Judges Baron or Barons for the time being of the degree of the Coif of any of the Courts aforesaid in the Vacation time upon view of the Copy or Copies of the Warant or Warants of Commitment or Detainer or upon Oath made that such Copy or Copies were denied as aforesaid shall deny any writ of Habeas Corpus by this Act Required to be Granted being moved for as aforesaid they shall severally Forfeit to the prisoner or party Grieved the sum of five hundred pounds to be Recovered in manner aforesaid 11. And Be it Enacted and declared by the Authority aforesaid That an Habeas Corpus according to the true Intent and meaning of this Act may be directed and Run into any County Palatine the Cinquâ—… ports or other priviledged places within the Kingdom of Engl. Dominion of Wales or Town of Berwick upon Tweed and the Isles of Jersey or Guernsey any Law or Usage to the Contrary notwithstanding 12. And for preventing Illegal Imprisonments in prisons beyond seas 2. Be it further Enacted by the Authority aforesaid That no subject of this Realm that now is or hereafter shall be an Inhabitant or Resiant of this Kingdom of England Dominion of Wales or Town of Berwick upon Tweed shall or may be sent prisoner into Scotland Ireland Jersey Guernsey Tangier or into any parts Garrisons Islands or places beyond the seas which are or at any time hereafter shall be within or without the Dominions of His Majesty His heirs or successours 3. And that every such Imprisonment is hereby Enacted and adjudged to be Illegal 4. and that If any of the said subjects now is or hereafter shall be so Imprisoned every such person and persons so Imprisoned shall and may for every such Imprisonment maintain by vertue of this Act an Action or Actions of false Imprisonment in any of his Majesties Courts of Record against the person or persons by whom he or she shall be so Committed detained Imprisoned sent prisoner or Transported Contrary to the true meaning of this Act and against all or any
of the Council Bishop Temporal Lord Privy Councillor Judge or Justice whatsoever shall offend or do any thing contrary to the purport true intent and meaning of this Law Then he or they shall for such offence forfeit the sum of five hundred pounds of lawful Money of England unto any party grieved his Executors or Administrators who shall really prosecute for the same and first obtain Judgment thereupon to be Recovered in any Court of Record at Westminster by Action of Debt Bill Plaint or Information wherein no Essoign Protection Wager of Law Aid-prayer Priviledge Injunction or Order of Restraint shall be in any wise prayed granted or allowed nor any more than one Imparlance 2. And if any person against whom any such Judgment or Recovery shall be had as aforesaid shall after such Judgment or Recovery offend again in the same then he or they for such offence shall forfeit the Sum of one thousand pounds of lawful Money of England unto any party grieved his Executors or Administrators who shall really prosecute for the same and first obtain Judgment thereupon to be Recovered in any Court of Record at Westminster by Action of Dept Bill Plaint or Information in which no Essoign Protection Wager of Law Aid-prayer Priviledge Injunction or Order of Restraint shall be in any wise prayed granted or allowed nor any more than one Imparlance 3. And if any person against whom any such second Judgment or Recovery shall be had as aforesaid shall after such Judgment or Recovery offend again in the same kind and shall be thereof duly convicted by Indictment Information or any other lawful way or means that such person so convicted shall be from thenceforth disabled and become by virtue of this Act Incapable ipso facto to Bear his and their said Office and Offices Respectively 4. And shall be likewise disabled to make any Gift Grant Conveyance or other Disposition of any of his Lands Tenements Hereditaments Goods or Chattels or to take any Benefit of any Gift Conveyance or Legacy to his own use 7. And every Person so offending shall likewise forfeit and lose to the party grieved by any thing done contrary to the true intent and meaning of this Law his treble Damages which he shall sustain and be put unto by means or occasion of any such Act or thing done the same to be Recovered in any of His Majesties Courts of Record at Westminster by Action of Debt Bill Plaint or Information wherein no Essoign Protection Wager of Law Aid-prayer Priviledge Injunction or Order of Restraint shall be in any wise prayed granted or allowed nor any more than one Imparlance 8. And be it also provided and Enacted That if any person shall hereafter be Committed Restrained of his Liberty or suffer Imprisonment by the Order or Decree of any such Court of Star-Chamber or other Court aforesaid now or at any time hereafter having or pretending to have the same or like Jurisdiction Power or Authority to Commit or Imprison as aforesaid 2. Or by the Command or Warrant of the King's Majesty His Heirs and Successors in their own Person or by the Command or Warrant of the Council-board or oâ— any of the Lords or others of His Majesties Privy Council 3. That in every such Case every person so Committed Restrained of his Liberty or suffering Imprisonment upon demand or motion made by his Council or other Imployed by him for that purpose unto the Judges of the Court of King's-Bench or Common-Pleas in open Court shall without delay upon any pretence whatsoever for the Ordinary Fees usually paid for the same have forthwith granted unto him a Writ of Habeas Corpus to be directed generally unto all and every Sheriffs Gaoler Minister Officer or other person in whose Custody the person Committed or Restrained shall be 4. And the Sheriffs Gaoler Minister Officer or other person in whose Custody the party so Committed or Restrained shall be shall at the Return of the said Writ and according to the command thereof upon due and convenient notice thereof given unto him at the Charge of the party who requireth or procureth such Writ and upon Security by his own Bond given to pay the Charge of carrying back the Prisoner if he shall be Remanded by the Court to which he shall be brought as in like cases hath been used such Charges of bringing up and carrying back the Prisoner to be alwaies Ordered by the Court if any difference shall arise thereabout bring or cause to be brought the Body of the said Party so Committed or Restrained unto and before the Judges or Justices of the said Court from whence the same Writ shall Issue in open Court 5. And shall then likewise certifie the true Cause of such his Detainour or Imprisonment and thereupon the Court within three Court-daies after such Return made and delivered in open Court shall proceed to Examine and Determine whether the Cause of such Commitment appearing upon the said Return be Just and Legal or not and shall thereupon do what to Justice shall appertain either by Delivering Bailing or Remanding the Prisoner 6. And if any thing shall be otherwise wilfully done or omitted to be done by any Judge Justice Officer or other Person aforementioned contrary to the direction and true meaning hereof then such person so offending shall forfeit to the party grieved his treble Damages to be Recovered by such means and in such manner as is formerly in this Act limited and appointed for the like penalty to be Sued for and Recovered 9. Provided alwayes and be it Enacted That this Act and the several Clauses therein contained shall be taken and Expounded to Extend only to the Court of Star-Chamber 2. And to the said Courts holden before the President and Council in the Marches of Wales 3. And before the President and Council in the Northern parts 4. And also to the Court commonly called the Court of the Dutchy of Lancaster holden before the Chancellor and Council of that Court 5. And also in the Court of Exchequer of the County Palatine of Chester held before the Chamberlain and Council of that Court 6. And to all Courts of like Jurisdiction to be hereafter Erected Ordained Constituted or Appointed as aforesaid and to the Warrants and Directions of the Council-board and to the Commitments Restraints and Imprisonments of any person or persons made commanded or awarded by the King's Majesty His Heirs or Successors in their own Person or by the Lords and others of the Privy-Council and every one of them And lastly Provided and be it Enacted That no person or persons shall be Sued Impleaded Molested or Troubled for any Offence against this present Act unless the party supposed to have so Offended shall be sued or Impleaded for the same within two years at the most after such time wherein the said Offence shall be committed The Comment THE Court of Star-Chamber so called because held in a Chamber at Westminster the Roof of which
Sheriff or other Officer by whom the said VVrit of Capias or any of them shall be Returned as is aforesaid do make an untrue Return upon any the said VVrits that the party named in the said VVrit hath not yielded his Body upon the said Proclamations or any of them where indeed the party did yield himself according to the effect of the same that then every such Sheriff or other Officer for every such false and untrue Return shall forfeit to the party grieved and damnified by the said Return the Sam of 40 l. 2. For the which Sum of 40 l. the said party grieved shall have his Recovery and due Remedy by Action of Debt Bill Plaint or Information in any of the Queens Courts of Record in which Action Bill Plaint or Information no Essoign Protection or Wager of Law shall be admitted or allowed for the party Defendant 10. Saving and Reserving to all Arch Bishops and Bishops and all others having Authority to certisie any person Excommunicated and like Authority to accept and receive the submission and satisfaction of the said person so Excommunicated in manner and form heretofore used 2. And him to Absolve and Release and the same to signifie as heretofore it hath been accustomed to the Queen's Majesty Her Heirs and Successors into the High Court of Chancery 3. And thereupon to have such VVrits for the deliverance of the said person so absolved and released from the Sheriff's Custody or Prison as heretofore they or any of them had or of right ought or might have had any thing in this present Statute specified or contained to the contrary hereof in any wise notwithstanding 11. Provided alwayes That in Wales the Counties Palatines of Lancaster Chester Durham and Ely and in the Cinque Ports being Jurisdictions and places Exempt where the Queen's Majesty 's VVrit does not run and process of Capias from thence not Returnable into the said Court of the King's-Bench after any Significavit being of Record in the said Court of Chancery The Tenour of such Significavit by Mittimus shall be sent to such of the Head Officers of the said Country of Wales Counties Palatines and places Exempt within whose Offices Charge or Jurisdiction the Offenders shall be Resiant that is to say to the Chancellour or Chamberlain for the said County Palatine of Lancaster and Chester and for the Cinque-Ports to the Lord Warden of the same and for Wales and Ely and the County Palatine of Durham to the Chief Justice or Justices there 2. And thereupon every of the said Justices and Officers to whom such Tenour of Significavit with Mittimus shall be directed and delivered shall by virtue of this Estatute have Power and Authority to make like Process to the Inferiour Officer and Officers to whom the Execution of Process there doth appertain Returnable before the Justices there at their next Sessions or Courts two Moneths at the least after the Teste of every such Process 3. So alwayes as in every degree they shall proceed in their Sessions and Courts against the Offenders as the Justices of the said Court of King's-Bench are Limited by the Tenour of this Act in Term-times to do and Execute 12. Provided also and be it Enacted That any person at the time of any Process of Capias aforementioned Awarded being in Prison or out of this Realm in the parts beyond the Sea or within Age or of non sanae memoriae or woman Covert shall not incur any of the pains or forfeitures aforementioned which shall grow by any Return or Default happening during such time of Nonage Imprisonment being beyond the Sea or non sanae memoriae 2. And that by virtue of this Estatute the party grieved may plead every such cause or matter in bar of and upon the distress or other Process that shall be made for Levying of any of the said pains or forfeitures 13. And if that the Offender against whom any such Writ of Excommunicato Capiendo shall be Awarded shall not in the same Writ of Excommunicato Capiendo have a sufficient and lawful addition according to the form of the Statute of Primo of Henry the Fifth in cases of certain Suits whereupon Process of Exigent are to be Awarded 2. Or if in the Significavit it be not contained that the Excommunication doth proceed upon some cause or contempt of some Original matter of Heresie or refusing to have his or their child Baptized or to recieve the Holy Communion as it is now commonly used to be Received in the Church of England or to come to Divine Service now commonly used in the said Church of England or Errour in matters of Religion or Doctrine now received and allowed in the said Church of England Incontinency Vsury Simony Perjury in the Ecclesiastical Court or Idolatry 3. That then all and every pains and forfeitures limited against such persons Excommunicate by this statute by reason of such Writ of Excommunicato capiendo wanting sufficient Addition or of such Significavit wanting all the Causes afore mentioned shall be utterly void in Law 4. and by way of Plea to be allowed to the party grieved 14. And if the Addition shall be with a Nuper of the place Then in every such case at the Awarding of the first Capias with Proclamation according to the form mentioned one VVrit of Proclamation without any pain expressed shall be Awarded into the County where the Offender shall be most commonly Resiant at the time of the Awarding of the said first Capias with pain in the same VVrit of Proclamation to be returnable the day of the return of the said first Capias with pain and Proclamation thereupon at some one such time and Court as is Prescribed for the Proclamation upon the said first Capias with pain 2. And if such Proclamation be not made in the County where the Offender shall be most commonly Resiant in such cases of Addition of Nuper That then such Offenders shall sustain no pain or forfeitures by vertue of this Statute for not yielding his or her body according to the Tenour afore-mentioned any thing before specified and to the Contrary hereof in any wise Notwithstanding The Comment With a Discourse of the Nature of Excommunication and how to prevent or take off the VVrit De Excommunicato Capiendo THough Excommunications pretend a Title Jure Divino as an Institution of Christ and therefore his Sacred Name is therein made use of and several other Spiritual Phrases purporting that the same and all proceedings thereunto are by his Authority yet they being so commonly thundered out by persons who have immediately no Authority from our Lord or his Word to manage them and for such trivial Crimes as no Law of God hath ordered them against and in such a Light and precipitant manner as no part of Holy Scripture warranteth The wiser sort of men do therefore look upon them rather as Excommunings or a sort of Civil punishment like that in use among
said Courts are to make out process for Levying the Twelve pences which shall be Levied by the Church-Wardens for the use of the poor However there being 52 Sundaies and 29 Holy-daies appointed by our Liturgy to be observed in the year the Constant charge by this statute for not coming to Church would be but 4l 1s p. An. And yet by the way Note That We have more Holy-daies or Feasts to be observed since his Majesties Restauration than ever the Church of England owned before For there were antiently but 27. But upon the Review of the Book of Common prayer my Lords the Bishops were pleased to add 2 New ones viz. The Conversion of St. Paul and St. Barnabas and whereas in our old Common-prayer-Books 't is said The Feast of St. Michael the Arch-Angel in our present Books 't is St. Michael and all Angels Which seems an Affront to S. Michael at once to leave out his Title of Arch-Angel and at the same time bring in all other Angels as well of the lower as Higher Hierarchies to share with him in a Festival the Honour of which he had enjoyed so long solely and Intire to himself but this by the by So that upon the whole matter If any body should be busy to Execute this Act upon the Protestant dissenters from the Established Church of England yet considering the trouble of such a Conviction and the difficulty of proving a Negative viz. that a man was not at Church for note the words are shall repair to his own Parish Church or to some usual place where Common Prayer shall be used So that if he were at Mr. Read's Meeting-House I Conceive he were safe from this Act. All this I say Considered the Labour would be more than the trouble therefore let 's proceed 2. The second Act of this kind is 23 Eliz. Cap. 1. Intituled An Act to Retain the Queens Majesties Subjects in their due Obedience And by this to Reconcile any or for any to be Reconciled to the See of Rome To with-draw or be with-drawn from the Establisht Religion to the Romish Religion Is made High-Treason And that every one saying Mass shall forfeit 200 Marks and every one that hears it 100 Marks And every one above 16. years old not repairing to some Church or Chappel but forbearing the same contrary to the said Stat. 1. Eliz. C. 2. shall being lawfully Convicted forfeit 20 l. for every month And the Justices at the Quarter Sessions are Impowered to Inquire into the Offences against this Act Except Treason And if any Indicted hereupon Except for Treason will submit in open Court and conform before Judgment given he shall be discharged Now that this Statute was expressly and wholly made against the Papists is evident by the whole Scope thereof as punishing saying of Mass drawing the Queens Subjects to Popery c. More especially by its preamble which alwaies opens and declares the Scope of a Law whereas since the Statutes made in the 13. year of the Reign of the Queen our Soveraign Lady Intituled An Act against the bringing in and putting in Execution of Bulls Writings Instruments and other Superstitious things from the See of Rome divers ill affected Persons have practised by other means than by Bulls or Instruments Written or Printed to with-draw Her Majesties Subjects to obey the said usurped Authority of Rome and IN RESPECT OF THE SAME pray mark to perswade great numbers to with-draw their due Obedience from Her Majesties Laws establisht for the due service of Almighty God For Reformation WHEREOF be it Enacted viz. That to with-draw to the Church of Rome shall be Treason and not coming to Church shall forfeit 20 l. p. month Nothing can be more plain than that this Levelled wholly against the Papists and cannot at all affect dissenting Protestants 3. The Statute of 29. Eliz. Cap. 6. Is only a Reinforcement of the last Act and therefore must be only intended of the same Persons viz. Popish Recusants For as yet there were no other whose Penalties this Statute Encreases for not coming to Church For where is by the former Statute of 23d it was to be only 20 l. p. month and bound to the good Behaviour after Conviction This gives to the Queen Her Heirs a Right to 20 l. p. month for every month after such Conviction till they came to Church And if default be made of payment of the 20 l. a month then to seize all their Goods and 2 parts of their Real Estate 〈…〉 But this is still concerning Popish Recusants for it respects the same that were Offenders against the Statute of the 23. And they were only Papists Therefore 't is absurd and unjust to turn the Edge on 't upon Protestants 4. We come now to the Statute of 1. Jac. Ca. 4. which confirms all the former Statutes made against Popish Recusants in the Queens time But provides for their being discharged tho Convicted upon their coming to Church And that it means and intends none but Jesuits and Popish Priests and other Popish Recusants appears manifestly not only in the Title but in the first Section of the Act it self and so throughout The Title is An Act for the due Execution of the Statutes against Jesuites Seminary Priests Recusants the 2 former words including the Romish Clergy the latter the Laiety c. and begins thus For the better and more due Execution of the Statutes heretofore made Against whom as well against Jesuites Seminary Priests and other SUCH-LIKE Priests That is other Popish Priests tho not bred up in the Serminaries as also against all manner of Recusants That is Papists tho not in Orders Be it Enacted c. That all every the Statutes heretofore made against Jesuites seminary Priests and other Priests Deacons and Religions and Ecclesiastical Persons whatsoever made ordained or professed or to be made by any Authority or Jurisdiction derived Challenged or pretended from the See of Rome together with all those made against any manner of Recusants That is Papists still but Lay men not in Orders nor professed of any Order of Monks or Friars as those before mentioned were shall be put in due and Exact Execution Nothing can be more absurd than to rack force this Law so far besides its Scope as to make use of it against Protestants agreeing with the Church of England in all the Doctrines and only differing in a few Indifferent Ceremonies When it most manifestly appears intended only against Jesuits Romish Priests and other Papists 5. And now was discovered the Hellish Powder-Plot of the Papists which occasioned the making of the Statute 3 Jac. Ca. 4. Intituled An Act for discovering and Repressing Popish Recusants So that both the occasion and the very Title shews evidently against whom this Act is designed which also appears further in the preamble the whole purport of this Act all along being only to Reinforce the rest of the Acts against Popish Recusants and for that as
be Indicted for Burglary 7. There is no power given to break Doors for Levying the Penalties therefore let the Constables and Officers be wary what they do in that Case 8. Constables would do well to know and assert the Dignity of their Office they are not to run up and down like Lacquies after the Capricio's of every Justice and spend the Lords day Prophanely in hunting after Meetings if the Justices are upon sufficient Oath Inform'd of a Meeting and will make out a Warrant specifying where it is you 'l goe but to ramble about with them from this place to that you are not obliged no more are you to seize or Imprison persons on the verbal Command of any Justice unless in visible Breach of the Peace but you must have a Warrant specifying the persons Name and Offence before you can lay hold of him or else you may repent it when sued another day for false Imprisonment 9. Since by the Statute of the 29 of Car. 2d. Cap. 7. It is Enacted in these words Provided also that no Person or Persons upon the Lords day shall serve or Execute or cause to be served or Executed any Writ Process Warrant Order Judgment or Decree except in cases of Treason Felony or Breach of the Peace but that the service of every such Writ Process Warrant c. shall be void to all Intents and Purposes whatsoever and the Person or Persons so Serving or Executing the same shall be as liable to the suit of the party grieved and answer Damages to him for doing thereof as if he or they had done the same without any Writ Process Warrant Order Judgment or Decree at all It will concern all Constables and Officers to consider with what safety they can execute any such Warrants at all on the Lords day on peaceable Meetings it being evident that every man they disturb by Colour of such Warrant on that day has by this Statute a good Action against them And so much for Laws against Dissenters In the next place according to our Promise we shall here add an Abstract of the Laws against Popery and Papists and perhaps as 't is said where there are most Laws there are most Offences so here we may say though there be such abundance of Acts of such severe and various Penalties yet there are scarce any sort of Criminals more rarely brought to Conviction or Punishment THE second Refusal of the Oath of Supremacy punisht as High Treason 5 Eliz. 1. To maintain or Extol Authority of the Sea of Rome the second time High Treason 5 Eliz. 1. To obtain or put in Use any Bull from Rome High Treason 13 Eliz. 2. To perswade or Reconcile OR TO BE RECONCILED to the Roman Religion High Treason 23 Eliz. 1. 3 Jac. 4. For Jesuite or Priest made by Authority from the Pope to come into or remain in the Kings Dominions High Treason 27 Eliz. 2. So for remaining in a Seminary six Months after Proclamation and afterward Returning High Treason 27 Eliz. 2. For Concealing of a Bull or other Instrument from Rome or reconciliation offer'd Punisht as Misprision of Treason 13 Eliz. 2. To maintain or conceal those who perswade or are Reconciled to the Roman Religion Misprision of Treason 23 Eliz. 1. To Receive Relieve Comfort Jesuit or Priest knowing him to be such Punisht as Felony 27 Eliz. 2. To go and serve a Foreign Prince having not before taken the Oath of Allegiance and entred Bond not to be Reconciled to the Roman Religion Felony 3 Jac. 4. The first Refusal of the Oath of Supremacy is Punisht as in Case of a Premunire which imports a forfeiture of all Lands and Goods Imprisonment for Life and a Deprivement of the Benefit of Law 5 Eliz. 1. To set forth or defend Power Spiritual in the Sea of Rome Premunire 5 Eliz. 1. To Bring or Receive any Agnus Dei Crosses Pictures or such like from Rome Premunire 13 Eliz. 2. 23 Eliz. 1. To aid any Person who hath put in Use any Bull from the Sea of Rome Premunire 13 Eliz. 2. 23 Eliz. 1. To send or give Relief to any continuing in Colledges or Seminaries beyond Sea Premunire 27 Eliz. 2. Refusal of the Oath of Allegiance upon the second Tender Premunire 3 Jac. 4. 7 Jac. 6. For not Discovering of Priests made beyond the Seas Imprisonment 27 Eliz. 2. Upon Indictment of Recusancy by Proclamation Imprisonment 29 Eliz. 6. Those that are not able or fail to pay their Forfeitures are to be Imprisoned until Payment or Conformity 23 Eliz. 1. Women Covert Imprisoned for Refusal of the Oath of Allegiance 3 Jac. 4. For non-Payment of twelve pence for every Sunday Imprisonment 3 Jac. 4. Women Covert Convicted for Recusancy Imprisoned till her Husband pay ten Pounds a Month or a third part of his Lands 7 Jac. 6. Standing Excommunicated for Recusancy House may be broken up for his Apprehension 7 Jac. 6. Those who shall forbear to come to Church by the space of twelve Months bound to good Behaviour with Surety in the Kings-Bench 23 Eliz. 1. Every Recusant is Confin'd to five Miles Compass for Life 23 Eliz. 2. To ten Miles distant from London 3 Jac. 5. Not to come into the House where the King or his Heir Apparent is 3 Jac. 5. For absence from Church-Service every Sunday twelve pence forfeited 1 Eliz. 2. And for every Holiday twelve pence forfeited 3 Jac. 4. For absence from Common prayer every Month twenty Pounds forfeited 23 Eliz. 1. 3 Jac. 4. For default of payment of twenty Pounds a Month all Goods two parts of Land and Leases forfeited 29 Eliz. 6. 3 Jac. 4. At the Kings Election to take or refuse twenty Pounds a Month or to take two parts of the Recusants Estate 3 Jac. 4. All Copy-hold Lands of Recusants forfeited 25 Eliz. 2. The Forfeitures of the Ancestor charged upon his Heir being a Recusant 1 Jac. 4. A Recusant forfeits for not Receiving the Sacrament according to the Service Book the first year twenty Pounds the second year forty Pounds the third year and every year after sixty Pounds 3 Jac. 4. To the Presenter out of the Recusants Goods forty Shillings forfeited 3 Jac. 4. For every Recusant sojourner and Servant ten Pounds for every Month forfeited 3 Jac. 4. Two parts of Dower or Joynture of a Married Woman forfeited 3 Jac. 5. Coming to Court an hundred Pounds forfeited 3 Jac. 5. For not Baptizing of Children according to the Service-Book publickly within a Month after their Birth an hundred Pound forfeited 3 Jac. 5. For Marrying otherwise than by a Minister an hundred Pounds forfeited 3 Jac. 5. For Burying out of the Church or Church-yard an hundred Pounds forfeited 3 Jac. 5. For sending Children beyond Seas without License an hundred Pounds forfeited 1 Jac. 4. For maintaining a School-master not going to Church or allowed to teach for every Month ten Pounds forfeited 23 Eliz. 1. 29 Eliz. 6. And forty Shillings per
what they Swear or if we do not find as the Judge directs we may come into trouble the Judge may Fine us c. I Answer this is a vain fear No Judge dare offer any such thing you are the proper Judges of the matters before you and your Souls are at stake you ought to Act freely and are not bound though the Court demand it to give the Reasons why you bring it in thus or thus for you of the Grand-Jury are sworn to the Contrary viz. To keep secret your fellows Counsel and your own and you of the Petty Jury are no way obliged to declare your motives it may not be convenient T is a notable Case before the Chief Justice Anderson in Q. Eliz. daves A Man was Arraigned for murder the Evidence was so strong that 11. of the Jury were presently for finding him Guilty the 12th man refused and kept them so long that they were ready to starve and at last made them comply with him and bring in the Prisoner not Guilty The Judge who had several times admonisht this Jury-man to join with his Fellows being surprized sent for him discoursed him privately to whom upon promise of Indempnity he at last own'd that he himself was the man that did the Murder and the Prisoner was Innocent and that he was resolv'd not to adde Perjury and a second Murder to the first But to satisfie you that a Jury is no way punishable for going according to their Conscience though against seeming Evidence and the Reasons why they are and ought not to be question'd for the same I shall here Recite an Adjudged Case that of Bushel in the two and twentieth year of His Majesty Reported by the Learned Sir John Vaughan whose Book is Licensed by the present Lord Chancellor the Lord Chief Justice North and all the Judges then in England the said Case begins fol. 135. and continues 150. The whole well worth Reading but I shall only Select Certain Passages The Case was this BUshel and others of a Jury having at a Sessions not found Pen and Mead Two Quakers Guilty of a Trespass Contempt Vnlawful Assembly and Tumult whereof they had been Indicted were fined forty pound a man and Committed till they should pay it Bushel brings his Habeas Corpus and upon the Return it appeared he was Committed For that contrary to Law and against full and Clear Evidence openly given in Court and against the Directions of the Court in matter of Law they had Acquitted the said W. P. and W. M. to the great Obstruction of Justice c. Which upon solemn Argument was by the Judges Resolved to be an Insufficient Cause of fining and committing them and they were discharged and afterwards brought Actions for their Dammage The Reasons of which Judgment are reported by Judge Vaughan and amongst them he Useth these that follow which I shall give you in his own words Fol. 140. One fault in the Return is That the Jurors are not said to have Acquitted the persons Indicted against full and manifest Evidence Corruptly and Knowing the said Evidence to be full and manifest against the Persons Indicted For how manifest soever the Evidence was if it were not manifest to them and that they Believed it such it was not a Finable fault nor Deserving Imprisonment Vpon which Difference the Law of punishing Jurors for false Verdicts principally Depends And Fol. 141. I would know whether any thing be more Common than for two men Students Barristers or Judges to deduce Contrary and opposite Conclusions out of the same Case in Law And is there any Difference that two men should Infer distinct Conclusions from the same Testimony is any thing more known than that the same Author and place in that Author is forceably urg'd to maintain contrary Conclusions and the Decision hard which is in the Right is any thing more frequent in the controversies of Religion than to press the same Texts for Opposite Tenets How then comes it to pass that two persons may not apprehend with Reason and Honesty what a Witness or many say to prove in the Vnderstanding of one plainly one thing but in the Apprehension of the other clearly the contrary thing must therefore one of these Merit Fine and Imprisonment because he doth that which he cannot otherwise do preserving his Oath and Integrity And this is often the Case of the Judge and the Jury And Fol. 142. I conclude therefore That this Return charging the Prisoners to have Acquitted P. and M. against full and manifest Evidence first and next without saying that they did know and Believe that Evidence to be full and Manifest against the Indicted persons is no Cause of Fine and Imprisonment In the Margent of that Fol. 142. it is thus Noted Of this Mind were ten Judges of Eleven the Chief Baron Turner gave no Opinion because not at the Argument And in the same fol. 142. he saith The Verdict of a Jury and Evidence of a Witness are very Different things in the Truth and Falshood of them a Witness swears but to what he hath heard or seen generally or more largely to what hath fallen under his Senses But a Jury-man swears to what he can Inferr and conclude from the Testimony of such Witnesses by the Act and force of his Understanding to be the Fact Inquired after which differs nothing in Reason though much in the Punishment from what a Judge out of Various Cases consider'd by him Infers to be the Law in the question before him If the meaning of these Words finding against the Direction of the Court in matter of Law be That if the Judge having heard the Evidence given in Court for he knows no other shall tell the Jury upon this Evidence the Law is for the Plaintiff or for the Defendant and you are under the pain of Fine and Imprisonment to find accordingly and the Jury ought of duty so to do then every man sees that the Jury is but a troublesome delay great Charge and no use in determining Right and Wrong and therefore the Tryals by them may be better Abolished than continued which were a strange new found Conclusion after a Tryal so Celebrated for many hundred Years It is true if the Jury were to have no other Evidence for the Fact but what is Deposed in Court the Judge might know their Evidence and the Fact from it equally as they and so direct what the Law were in the Case though even then the Judge and Jury might honestly differ in the Result from the Evidence as well as two Judges may which often happens but the Evidence which the Jury have of the Fact is much otherwise than that For 1. Being Returned of the Vicinage where the Cause of Action ariseth the Law supposeth them thence to have sufficient Knowledge to Try the matter in Issue and so they must though no Evidence were given on either side in Court but to this Evidence the Judge is a stranger 2. They may have Evidence from their own Personal Knowledge by which they may be assured and sometimes are that what is deposed in Court is absolutely false but to this the Judge is a stranger and he knows no more of the Fact than he hath Learned in Court and perhaps by false Depositions and consequently knows nothing 3. The Jury may know the Witnesses to be Stigmatized and Infamous which may be unknown to the parties and consequently to the Court. Fol. 148. To what end is the Jury to be Returned out of the Vicinage where the Cause of Action ariseth to what end must Hundredors be of the Jury whom the Law supposeth to have nearer knowledge of the Fact than those of the Vicinage in General to what end are they Challenged so scrupulously to the Array and Poll to what end must they have such a certain Free-hold and be Probi Legales homines and not of Affinity with the party concern'd to what end must they have in many Cases the View for Exacter Information chiefly to what end must they undergo the Punishment of the Villanous Judgment if after all this they Implicitly must give a Verdict by the Dictates and Authority of another Man under Pains of Fines and Imprisonment when Sworn to do it according to the best of their own Knowledge A man cannot see by anothers Eye nor hear by anothers Ear no more can a man conclude or Infer the thing to be Resolved by anothers Vnderstanding or Reasoning and though the Verdict be right the Jury give yet they being not assured that it is so from their own Vnderstanding are Forsworn at least in foro Conscientiae Fol. 149. And it is Absurd to Fine a Jury for finding against their Evidence when the Judge knows but part of it for the better and greater part of the Evidence may be wholly unknown to him and this may happen in most Cases and often doth Thus far Judge Vaughan whose words I have faithfully Recited and with it shall conclude this Subject Recommending those that would be further satisfied in the Law touching the Power and Duty of Juries to those two Excellent Learned Treatises lately published the one Intituled A Guide to English Juries c. to be Sold by Mr. Cockeril at the Three Legs over against the Stocks-Market the other The Security of English-mens Lives or the Trust Power and Duty of the Grand Juries of England Printed for Benj. Alsop in the Poultrey both which are extreamly well worthy of every English mans Perusal that is liable to be call'd to that Office And now I shall take Leave of the Reader who I hope will join with me and all English Protestants in this Prayer THat Almighty God would preserve our Religion put a stop to the Growth of Popery Confound all their Plots Protect our present Gracious King Defend us both from a Forreign Yoak and Domestick Slavery but continue to us the Enjoyment of our good old Laws Liberties and Priviledges and bring all those to exemplary Justice that have or shall dare attempt to Subvert Diminish or Vndermine them Amen FINIS 1 See Book of Oaths p. 1. 3. 2 Bakers Cron. sol 741. 3 Book of Oaths p. 216. ☞