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A54696 Ursa major & minor, or, A sober and impartial enquiry into those pretended fears and jealousies of popery and arbitrary power with some things offered to consideration touching His Majestie's league made with the King of France upon occasion of his wars with Holland and the United Provinces : in a letter written to a learned friend. Philipps, Fabian, 1601-1690. 1681 (1681) Wing P2019A; Wing U141_CANCELLED; ESTC R23216 69,552 56

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of any of their Kings and Princes at once with an Addition afterwards of another Pardon or Abolition of a lesser size for Offences and Forfeitures since committed and did not only restore unto all the Cities Boroughs and Corporations of England and Wales their forfeited Charters Privileges and Liberties but enlarged and gave unto many of them more than they had before And was so unwilling to Punish those that had done him and his Royal Father Mother Brothers Sisters those almost impossible to be forgotten or forgiven most execrable Villanies as he not only Pardoned but gave them profitable Employments who to their shame cozened him all they could and moulded themselves into a Faction of Repeating as many Impieties as they had been guilty of before and was so over Clement and forgiving as he imployed and did not Punish one that was proved to have said after His Majestie 's escape from the Battel of Worcester That if he had been taken he ought to have been stripped stark Naked led through the Streets with a Bridle thrust through an hole bored in his Nose Whipped at a Carts tail and afterwards Hanged Are not to be very angry or take it ill if they be charged with Partiality or Injustice or as great a Reproach as our Blessed Saviour bestowed upon the over-quick-sighted fault-finding Pharisee who could espy a mote as he thought in another's eye but not see a beam in his own but rather retire into themselves and upon a more strict Examination of their past evil Actions abhor themselves in dust and ashes cover their heads with shame weep repent and resolve to walk retrograde and persist no more in the gain-saying of Corah Datham and Abiram wherein they perished When they who would make every body as much afraid as they themselves do seem to fear an Inclination in His Majesty to an Arbitrary Power which he never did or is willing to exercise can almost every day joyn with others in Complaints of the no few of the Subordinate Magistrates usurping it against the mind and direction of the King and his Laws over their fellow Subjects by their Irregular courses Condemning and many times Imprisoning without Jury Trial legal Hearing or Proceedings And easily discern an yearly Custom of an illegally over-strained Power in the Lord Maiors of London Electing and Drinking unto many or more than needs in the Choice of two to be Sheriffs of London and Middlesex for the ensuing year and imposing and taking great Fines of the Refusers unto whom he needed not to have Drank whereby to gain some Thousands of Pounds yearly for the Fines of such as were unwilling or unfit to bear the Charge or Expence of those Offices and Imprison and Constrain them to pay them which are seldom less than 4 or 500 l. upon every such Refuser As if some fatal and successive Annual or fit of Thirst or kind Drinking was at a certain Time of every year to fall upon the Lord Maiors of that City to Drink more often and unto more than he should do And they that shall happen to be so imposed upon are sure to be out of hopes of getting themselves discharged of Imprisonment for not paying the Fine by Writs of Habeas Corpus and Bail which if the King should do every year in the Choice of Three presented unto him to serve as Sheriffs in all other Counties and Places of England and Wales no other City or Place therein making use of such a kind and loving Device to raise Moneys the Habeas Corpora Bells would Ring in all the Courts of Justice in Westminster-Hall and His Majesty would be troubled with the noise thereof And no small Arbitrary Power in their Courts of Orphants in London by Imprisoning a young Man in Newgate without Bail or Mainprise that had lawfully Married a City Orphant and his Father in like manner for contriving it And we may often hear and observe in the Guilds Fraternities and Companies of Trade and their Mysteries in the City of London an almost unbounded over absolute Power in their By-Laws which should be perused as it is more than a little probable they are not or but very seldom or cursorily by the Lord Chancellor or Lord Keeper of the Great Seal of England Lord Treasurer and the two Lord Chief Justices and allowed by them or any three of them to be according to the Law together with their giving of unlawful Oaths imposing of Taxes Quarteridges or Fines and Assessements as they please upon the Poorer sort of the Companies of Trades supernumerating their Livery Men in their Companies in making them to be twice as many as they were wont to be and inforcing them to Pay 20 or 25 l. a Man and be at the Charge of a reverend Gown faced with Furrs of Foynes or Budge and Imprison Men for not obeying them and their grinding superfluous Orders The Exactions and Arbitrary Power of the Church-Officers in the City of London and its overgrown Suburb Parishes in the Renting of Pews and Seats in the Churches making Strangers pay great and double Fees for Tolling the Passing Bell and Ringing of a Peal when there was no such Matters taking great Fees for Burying of the Dead in the Church or Chancel near an Husband Wife Father or Mother Brother or Sister where before they have lain there a quarter of a year or a little time they are sure to be taken up again and flung into a Common Vault to lodge amongst those that were Buried far cheaper conniving at or permitting the Parish Clerks Sextons or Grave-makers to sell the broken and sometimes pillaged Coffins of the Dead to be made fewel for fire or Bake-houses cozening the Living and Dead feasting and fatning themselves upon every small Consultation and Parish meeting for the good as they call it or little Business of the Parish as for the putting out a Bastard or Foundling or poor Parish Child to a Beggar to beg with and trouble the Streets withal at a low weekly rate and take the advantage to themselves of reckoning by a greater which have been the cause of such short Memories in Parish Politicks and Governments as the Accompt of a Legacy of Three hundred Pounds per Annum as they may be now demised in Houses and Tenements in a London Suburb Parish for as many hundred years ago for the Building of the Church yet standing upon its old Ruins is so vanished as it is not at all to be found and a royal Charity of One hundred and Twenty pounds given in the year 1625. by King Charles the Martyr in a Time of Pestilence could never be heard of and the Church wardens or Collectors of a near London Parish have been so over-watched for the good of the Parish and thereby rendred so sleepy or Lethargick as they could not good People as they would be thought to be tell which way One Thousand or Two Thousand pounds have escaped out of the Accompt and the fault
have any part or profit thereof There shall be no disturbance of free Elections by face of Arms Malice or otherwise By the Statute called Articuli Super Chartas made in the 28 th year of the Reign of the aforesaid King There shall be chosen in every Shire by the Commonalty of the same Shire Three substantial men Knights or other lawful wise and well-disposed Persons who shall be Justices Sworn and Assigned by the Kings Letters Patents under the great Seal to hear and determine where before no remedy was at the Common Law such plaints as shall be made upon all those that do Commit or Offend against any point contained in the great Charter or Charter of the Forrest which were ordained to be proclaimed at four several quarters of the year in full County in every year in every County and to hear the Plaints as well within the Franchises as without and from day to day without allowing any the delays which be allowed by the Common Law and to punish by Imprisonment Ransom or Amercement according to the Trespass No Common Pleas shall be holden in the Exchequer contrary to the form of the great Charter the Marshal of the King's House shall not hold Plea of Free-hold Debt Covenant or Contract made betwixt the King's People but only of Trespasses done within the Verge and Contracts made by one Servant of the house with another The Chancellor and Justices of the King's Bench shall follow the King so that he may at all times have near unto him some that be Learned in the Laws which be able duly to order all such matters as shall come unto the Court at all times when need shall require No Writ that toucheth the Common Law shall go forth under any of the Petit Seals By an Act of Parliament made in the 34 th year of the Reign of the aforesaid King Nothing shall be purveyed to the King without the Owners assent By an Act of Parliament made in the Reign of the said King No Tallage or Aids shall be taken or levyed by the King or his Heirs within the Realm without the good will and assent of the Arch-Bishops Bishops Earls Barons Knights Burgesses and other Freemen of the Land By an Act of Parliament made in the first year of the Reign of King Edward the Third Aids granted to the King shall be taxed after the old manner By an Act of Parliament made in the second year of the Reign of the aforesaid King No Commandment under the King's Seal shall disturb or delay Justice No Bishops Temporalty shall be seized without good Cause Justices of Assize shall in their Sessions enquire of the Demeanour of Sheriffs Escheators Bailiffs and other Officers and punish the Offenders No Person shall be pardoned for an Utlary after Judgment without Agreement with the Plaintiff or Outlawed before Judgment until he do yield his Body to Prison By an Act of Parliament made in the 14 th year of the said King It was assented established and order'd that Delays and Errors in Judgments in other Courts shall be Redressed in Parliament by a Prelate 2 Earls and 2 Barons who by good advice of the Chancellor Treasurer and Justices of the one Bench and the other and of the King's Council as they shall think convenient shall proceed to make a good accord and Judgment And that the Chancellor Treasurer Keeper of the Privy Seal Justices of the one Bench and the other Chancellor and Barons of the Exchequer and Justices assigned and all that shall intermeddle in the said places under them shall by the advice of the said Arch-Bishop Earls and Barons make an Oath well and truly to serve the King and his People and by the advice of the said Prelate Earls and Barons to increase or diminish when need shall be the number of the said Ministers and from time to time when Officers shall be newly put in cause them to be sworn in like manner A Declaration by Act of Parliament made in the 25 th year of the said King's Reign What Offences shall be adjudged Treason and if any other Case supposed Treason not therein specified shall happen before any Justices they shall tarry without going to Judgment of the Person until the Cause be shewed and declared before the King and his Parliament whether it ought to be Judged Treason or other Felony By an Act of Parliament made in the same year No person shall be compelled to make any Loans to the King or charged with any benevolence None shall be Condemned upon Suggestion Imprisoned nor put out of his Free-hold nor his Franchises without Presentment but by the Law of the Land or by Process made by Writ Original at the Common Law nor that none shall be sent out of the Franchise or Free-hold unless he be duly brought to answer and fore-judged by Course of the Law and any thing done to the contrary shall be holden for none By an Act of Parliament made in the 5 th year of the Reign of King Richard the Second None shall enter into Lands where it is not lawful or with force under the pain of Imprisonment and Ransom at the King 's Will. A Penalty is to be inflicted upon a Clerk of the Exchequer which maketh out Process for a Debt discharged By the Statutes of the Fifth and Fifteenth of King Richard the Second where Lands or Tenements are entred and deteined by force the next Justice of the Peace is Impow'red to view the force and by the Power of the Sheriff and County to remove it and Imprison the Offenders and by the Statute of 8 th of H. 6. whether it be entred by force or it be continued and not entred by force may by a Jury impannel'd and their Verdict if the Deteiner hath not been Three years before in quiet possession reseise the said Lands and Tenements and put the party ejected into his former possession A man Impleaded in the Exchequer shall be received by himself or any other to plead his Discharge By an Act of Parliament made in the 12 th year of the aforesaid King The Chancellor Treasurer Keeper of the Privy Seal Steward of the King's House the King's Chamberlain Clerk of the Rolls Justices of the one Bench and the other Barons of the Exchequer and all that shall be called to ordain or make Justices of Peace Sheriffs Escheators Customers Comptrollers or any other Officer or Minister of the King shall be firmly sworn that they shall not make Justices of Peace Sheriffs Escheators Customers Comptroller or any other Officer or Minister of the King for any gift or brocage favour or affection By an Act of Parliament made in the 13 th year of the said King's Reign He that will that Swear he oweth nothing to the King shall be discharged no Bonds or Recognizances shall be taken for the King's Debts By an Act of Parliament made in