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A88421 Some seasonable and serious queries upon the late act against conventicles tending to discover how much it is against the express word of God, the positive law of the nation, the law & light of nature, and principles of prudence & policy, and therefore adjudged by the law of the land to be void and null ... / by a friend to truth and peace. Lockyer, Nicholas, 1611-1685. 1670 (1670) Wing L2801; ESTC R3063 12,344 17

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doth not this Act in contradiction thereto both seiz upon mens Liberties and Estates without any such legal Process or Judgement For is not the Justice impowered hereby by foce Civil or Military to seiz take and keep in custody the peaceable free People of the Nation † Six Remedies to relieve any that are so imprisoned or disseized of their free liberties contrary to Magna Charta 2d part Cooks's Inst ch 29 f. 55. dis-seizing them thereby of their Liberties being Advocate Jury and Witness and sole Judge both of Law and Fact as well as of the ability of the Offender And is he not authorized also according as he in malice favour or affection shall judge meet to Convict Sentence and Execute by making Distress and Sale of Goods how and upon whom he pleaseth without returning any thing again to the Owners which may be one hundred or two hundred pounds for ten or twenty pounds and therewith to reward the Informer or who else he shall judge most active be it his Clerk Sonne or Himself And is not this seizing * Free-hold is Goods and Chattels as well as Lands Tenements Cook 's Instit c. 29. p. 46. Free-hold too with a witness And all without any legal Judgement and Process And is not the bribing the Informer that principal Trustee in the Act or Justice himself with so great a Reward a setting Justice to sale with a vengeance And what can more violate that fundamental Law both as to Person and Estate Notwithstanding by the 42 of Ed. 3. this Great Charter is commanded to be kept in all points and that whatever Law is made against it is null and void Polton 182. The words of the Statute are these At the Parliament of our Lord the King at Westminster the first day of May the 42 year of his Reign It is asserted and recorded That the Great CHARTER and the Charter of the Forrest be holden and kept in all Points and if any STATUTE be made to the contrary it shall be holden for none II. Whether it is not dangerous by the Laws and Customs of the Nation for any to infringe and violate this Great Charter under colour or pretence of any Law or Statute whatsoever Witness that famous Example and eminent Instance in 1 H. 8. in the Impeachment and Execution of the two Justices of the Peace viz. Sir Richard Empson Knight and Edmond Dudley Esq for their putting in execution the Statute made 11 H. 7. so contrary to Magna Charta concerning which for better Information take my Lord Cooks own words in his Instit L. 2. C. 29. f. 15. Viz. Against this Antient and Fundamental Law and in the face thereof having recited that Clause of Magna Charta before mentoned I find saith he an Act of Parliament made That as well Justices of Assize as Justices of Peace without any finding or Presentment by the Verdict of twelve men upon a bare Information for the King before them made should have full Power and Authority by their Discretions to hear and determine all Offences and Contempts committed or done by any person or persons against the Form Ordinance and effect of any Statute made and not repealed By colour of which Act shaking this Fundamental Law it is not credible what horrible Oppressions and Exactions to the undoing of infinite numbers of people were committed by Sir Richard Empson Knight and Edmond Dudley Esq being Justices of the Peace throughout England And upon this Unjust and Injurious Act as commonly in like Cases it falleth out a new Office was created and they made Masters of the Kings Forfeitures But at a Parliament holden in the 1 H. 8. this Act of 11 H. 7. is recited and made void and repealed and the reason thereof is yeilded For that by force of the said Act it was manifestly known that many sinister and crafty feigned and forged Informations had been pursued against divers of the Kings Subjects to their great damage and wrongful vexation And the success hereof and the fearful ends of these two Oppressors should deter others from committing the like and should admonish Parliaments that instead of this ordinary and precious Tryal per Legem Tetrae the known ancient Laws they bring not in absolute and partial Tryals by Discretion The said two Justices were to the joy of all People executed the beginning of H. 8. Speed Chr. 983. Not to mention the impeachment and dethroning the two Kings Edward the second and Richard the second for having perverted the due course of Law Justice and Right and that they destroyed men by Informations and without Legal Examination and Tryals and that they had declared that the Laws of the Kingdom were in their own Brests As in their Articles of Impeachment does more at large appear Nor the Impeachment of the Lord Chief Justice Trysillian and his Brother Judges Fulthorp Belknap Carey Hott Burge and Locton and others of the then Privy Council and then Lord Mayor of London who had set their hands to Judgements in subverting the Laws of the Land and advancing the Kings Will and Commands above the known Laws of the Kingdom For which the Lord Chief Justice and others of them were hanged at Tybourn The Impeachment also of Judge Thorp Ed. 3 and Cardinal Woolsey H. 8. for advising the King to subvert the Laws Not forgetting the late worthy Act of Chief Justice Keeling in imprisoning and fining the London-Justices for acting against the known Laws Qu. III. Whether it doth not concern all persons called to be active herein whether Officers Civil Military or others to be well advised what they do lest instead of promoting the Peace and Welfare of the Nation the great end of all wholsome Laws they not onely infringe the just Liberties thereof inslave themselves and Posterities but render themselves liable to such infamy misery and mischief that the miscreants beforementioned have done And whether it will not be a good plea for any that may be vexed persecuted or prosecuted hereupon why they conform not thereto either by answering ensnaring questions to accuse themselves about Meetings telling of Names or places of abode or payment of Moneys that it is all against Magna Charta and the known Laws of the Land which declare that no man shall be put to answer without Presentment or matter of Record or by due Process and Original Writ according to Law as by several Statutes viz. 5. Ed. 3.9 25 Ed. 3.4 28 Ed. 3.3 27 Ed. 3.18 42 Ed. 3.33 Petit. of Right 3 Car. 1.1 17 Car. 1.14 Qu. IV. Whether the pretended Salvo That you may if you find your self aggrieved hereby make your Appeal and take your Tryal by a Jury may acquit this Law from infringing and violating Magna Charta and the known Laws of the Land Because first is not the Law violated by seizing and taking both Person and Estate without any such Process and Judgement And secondly that the Appeal must not lie in