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justice_n chief_a lord_n plea_n 5,523 5 9.8646 5 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A37642 Anno Regni Caroli Regis Angliæ, Scotiæ, Franciæ, & Hiberniæ, decimo septimo, at the Parliament begun at Westminster the third day of November, Anno Dom. 1640 in the 16. year of the reign of our Most Gracious Sovereign Lord, Charles, by the grace of God, of England, Scotland, France, and Ireland, King, Defender of the Faith, &c.; Laws, etc. England and Wales.; England and Wales. Parliament.; England and Wales. Sovereign (1625-1649 : Charles I) 1641 (1641) Wing E1246; ESTC R5264 8,420 13

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promotion of any other person whatsoever urge inforce tender give or minister unto any Churchwarden Sideman or other person whatsoever any corporal oath whereby he or she shall or may be charged or obliged to make any presentment of any crime or offence or to confesse or to accuse him or her self of any crime offence delinquencie or misdemeanour or any neglect matter or thing whereby or by reason whereof be or she shall or may be liable or exposed to any censure pain penaltie or punishment whatsoever upon pain and penaltie that everie person who shall offend contrarie to this Statute shall forfeit and pay trebble damages to every person thereby grieved and the sunt of one hundred pounds to him or them who shall first demand and sue for the same which said trebble damages and sum of one hundred pounds shall and may be demanded and recovered by action of debt bill or plaint in any Court of Record wherein no priviledge Essoine protection or wager of Law shall be admitted or allowed to the Defendant And be it further enacted That every person who shall be once convicted of 〈◊〉 or offence prohibited by this Statute shall for such act or offence be 〈◊〉 and after such conviction utterlie disabled to be or continue in any off●●● or imployment in any Court of Iustice whatsoever or to exercise or execute any power authoritie or Iurisdiction by force of any Commission or Letters Pattents of the King his Heirs or Successours And be it further Enacted That from and after the said first day of August no new Court shall be erected ordeined or appointed within this Realm of England or Dominion of Wales which shall or may have the like power Iurisdiction or authoritie as the said high Commission Court now hath or pretendeth to have But that all and every such Letters Pattents Commissions and Grants made or to be made by his Majestie his Heirs or Successors And all powers and authorities granted or pretended or mentioned to be granted thereby and all Acts Sentences and Decrees to be made by vertue or colour thereof 〈◊〉 be utterlie void and of no●● 〈◊〉 ANNO XVII Caroli Regis ¶ An Act for regulating of the Privy Councell and for taking away the Court commonly called the Star-Chamber WHereas by the great Charter many times confirmed in Parliament It is enacted That no Freeman shall be taken or imprisoned or disseised of his Fréehold or Liberties or frée Customes or be Outlawed or exiled or otherwise destroyed and that the King will not passe upon him or condemn him but by lawful Iudgment of his Péers or by the Law of the Land And by another Statute made in the fifth yéer of the Reign of King Edward the third It is Enacted That no Man shall be attached by any accusation nor fore-judged of life or lim nor his Lands Tenements Goods nor Chattels seised into the Kings hands against the form of the great Charter and the Law of the Land And by another Statute made in the five and twentieth yéer 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 Councell unlesse it be by Indictment or Presentment of good and lawfull people of the same neighbourhood where such de●●● be done in due manner or by Processe made by Writ Original at the common Law and that none be put out of his Franchise or Frée-hold unlesse 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 redressed and holden for none And by another Statute made in the eight and twentieth yéer of the Reign of the same King Edward the third It is amongst other things Enacted that no man of what estate or condition soever he be shall be put out of his Lands or Tenements nor taken nor imprisoned nor disinherited without being brought in to answer by due Processe of Law And by another Statute made in the two fourtieth yéer of the Reign of the said King Edward the third It is Enacted that no man be put to answer without presentment before Iustices or matter of Record or by due Processe and Writ original according to the old Law of the Land and if any 〈…〉 be done to the contrary it shall be void in Law and holden for 〈…〉 by another Statute made in the six and thirtieth yéer of the sa●● 〈◊〉 Edward the third It is amongst other things Enacted That all 〈◊〉 which shall be pleaded in any Courts before any the Kings Iustices or in His other places or before any of His other Ministers or in the Courts and places of any other Lords within the Realm shall be entred and enrolled in Latine And whereas by the Statute made in the third yéer of King Henry the seventh power is given to the Chancellour the Lord Treasurer of England for the time being and the Kéeper of the Kings Privy Seal or two of them calling unto them a Bishop and Temporal Lord of the Kings most honourable Councel and the two chief Iustices of the Kings Bench and common Pleas for the time being or other two Iustices in their absence to procéed as in that Act is expressed for the punishment of some particular offences therein mentioned And by the Statute made in the one and twentieth yéer of King Henry the eighth The President of the Councell is associated to joyn with the Lord Chancellour and other Iudges in the said Statute of the third of Henry the seventh mentioned But the said Iudges have not kept themselves to the points limited by the said Statute but have undertaken to punish where no Law doth warrant and to make Decrees for things having no such authoritie and to inflict heavier punishments than by any Law is warranted And forasmuch as all matters examinable or determinable before the said Iudges or in the Court commonly called the Star-chamber may have their proper remedy and redresse and their due punishment and correction by the common Law of the Land and in the ordinary course of Iustice elsewhere And forasmuch as the reasons and motives inducing the erection and continuance of that Court do now cease and the procéedings Censures and Decrées of that Court have by experience béen found to be an intollerable burthen to the Subject and the means to introduce an arbitrarie power and Government And forasmuch as the Councel-Table hath of late times assumed unto it self a power to intermeddle in Civil causes and matters only of private interest betwéen party and partie and have adventured to determine of the Estates and Liberties of the Subject contrarie to the Law of the Land and the rights and priviledges of the Subject by which great and manifold mischiefs and inconveniences have arisen and happened and much incertaintie by means of such procéedings hath béen conceived cencerning mens rights and estates