CHRISTIAN Tolleration OR Simply and singly to meet upon the Account of Religion really to Worship and serve the Lord without any unlawful Act to be done or intended is not an Offence against Law And also concerning Seditious Sectaries disloyal Persons and Seditious Conventicles punishable by the late Act. And likewise concerning Banishment For no man by the Law of the Land ought to be Banished out of his Native Country for the service and Worship of God Or as hereafter Appeareth Written in the eighth Month. 1664. Concerning Seditious Sectaries Disloyal Persons and Seditious Conventicles c. FIrst By the late Act of Parliament Entituled An Act to prevent and Suppress seditious Conventicles it is declared in the Preamble or ground of the Act which is the Reason for making the Act 16. Car. 2. fol. 25. That the speedy Remedies thereby Provided are against the growing and dangerous Practises of seditious Sectaries and disloyal Persons who under pretence of tender Consciences do at their meetings contrive Insurrections as late experience hath shewed So that those are the dangerous Persons and Practises that are to be suppressed who do at their meetings contrive Insurrections as aforefaid And they are the seditious Sectaries and disloyal Persons and their meetings are seditious Conventicles who assemble and meet together under colour of Religious exercises and pretend tenderness of Conscience to the intent that they may contrive Insurrections and cover over and prosecute a wicked intention under so fair a pretence which so to do is great wickedness and if there be any Persons or People who meet together under colour of religious exercise and pretence of tenderness of Conscience to contrive Insurrections at their meetings There is good Reason to provide Remedies against the growing and dangerous practises of such as do meet to contrive Insurrections as aforesaid And those meetings may justly be declared To be seditious Conventicles and unlawful Assemblies because they meet about seditious and unlawful Actions who meet to design and contrive Insurrections Secondly It is declared to be an Offence for five Persons over and above them of the houshold to be present at any Assembly 16. Car. 2. fol. 26. Conventicle or Meeting under colour or pretence of any Exercise of Religion in other manner than is allowed by the Lyturgie or practise of the Church of England So that it is no Offence against the Law for Persons to Assemble and meet together really and truly for no other end intent or purpose but to serve and worship the Lord though they meet to the number of five or above beside them of the houshold because the Liturgie of the Church allows of the same saying It is right very meet and our bounden duty to meet together at all times and in all places to give thanks or perform duty and service to the Lord. What is it for many persons to assemble and meet together upon the account of religious Exercise according to the manner allowed of by the Liturgie or practise of the Church of England To assemble and meet together to the number of five or above beside them of the houshold before the Lord upon the account of Religion as Worshippers of him to render thanks unto God for the great benefits that we have received of him to set forth his most worthy praise to hear his most holy Word and to ask those things that be requisite and necessary both for soul and body and in the performance of that duty to accompany one another in Prayer with a pure heart and an humble voice to the Throne of Gods heavenly grace is according to the Liturgie of the Church as aforesaid and is allowed of thereby For proof thereof see the beginning of the Liturgie What is it then for Persons to assemble and meet together to the number of five or above beside the houshold or family in other manner than is allowed of by the Liturgie or practise of the Church of England To assemble and meet together under colour or pretence of religious Exercises To contrive Insurrections is to meet in other manner than is allowed of by the Liturgie or practice of the Church for neither the Liturgie nor practice of the Church alloweth of any such actions After what manner are the persons offending against the said Act concerning meetings as aforesaid to be apprehended It seems a Justice of Peace or chief Magistrate is to repair unto the place where such meetings are held or to be held and dissolve or prevent the same And if such Justice of Peace or chief Magistrate be not able to suppresse or dissolve the same Then he may by certificate under his hand and feal made to the Lieutenants Deputy Lieutenants or Cummissioned Officers of the Militia c. of his particular Information or knowledge require or call for their Assistance 16. Car. 2. fol. 34 35. And he is to go in person with them unto the place where the meetings are held or to be held and use the best means they can to dissolve and dissipate or prevent the same But it seems That the Lieutenants Deputy Lieutenants nor Commissioned Officers of the Militia or souldiers c. are not to meddle in dissolving dissipating or preventing such meetings without a certificate from under the hand and seale of a Justice of Peace or chief Magistrate who himself is to be present with them at the place where the meeting is held or to be held as aforesaid 16. Car. 2. Reg. fol. 34 35. And no dwelling house of any person whatsoever must be entred into with force by vertue of the said Act but in the presence of one Justice of the Peace or chief Magistrate except within the City of London And there no dwelling house must be entred into as aforesaid but in the presence of one Justice of the Peace Alderman deputy Alderman or any one Commissioner of the Lieutenancy for the City of London 16. Car. 2. Regis fol. 37. After the persons offending as aforesaid be apprehended how must they be convicted and tried It seems That for the first and second offence They must not be convicted or tried by a Jury but two Justices of the Peace or chief Magistrate if it be within a corporation where there are not two Justices of Peace They are required and enjoyned upon proof to them or him respectively made of such offence either by confession of the Party or Oath of witnesses or notorious evidence of the fact To make a Record of every such offence under their hands and seals respectively which Record so made is to be taken and adjudged to be a full and perfect Conviction of every such Offender for such Offence 16. Car. 2. Regis fol. 26 27. And it seems the Offenders for the first and second Offence in that case must not first be committed to Prison and afterward tried by an Jury in order to Judgment or final determination of the matter But they must first be fined
such seditious and tumultuous meetings under pretence of Religion at which they do contrive Insurrections as aforesaid Are not those meetings only accounted unlawful by the said Act as are seditious and tumultuous meetings And are not those the seditious meetings at which there is Insurrection contrived under pretence of Religious Worship And is it not plain that the meetings of the People of God reproachfully called Quakers which are only for the Service and Worship of God are not unlawful Assemblies nor seditious Conventicles because they are peaceable and not seditious and tumultuous meetings for they neither meet to contrive Insurrection nor with force and violence to the terror of the People nor to do any unlawful Act with violence or force as daily experience doth manifest And ought not therefore the Innocent People of God called Quakers to be freed and clearly acquitted from the force of the Penalties There must be Sedition and Tumults or the contriving of some Insurrection intended or acted under colour of Religious Worship it seems to make a seditious Conventicle and unlawful Assembly or meeting punishable by the late Act. And if there be sedition must it not be either in Words or Actions or both and if there be no sedition nor contriving of Insurrection at meetings under colour of Religious Worship and pretence of tenderness of Conscience how can those meetings be justly punished as seditious and tumultuous meetings Seeing the Remedies and Penalties of the Act are provided against the growing and dangerous practises of Seditious Sectaries and disloyal Persons who under pretence of tender Consciences do at their meetings contrive Insurrections as late experience hath shewed And to prevent the mischiefs which may grow by such seditious and tumultuous meetings under Religious pretences 16. Car. 2. Regis fol. 25 26 34 35. Concerning Sedition and wicked Sectaries c. Doth it not appear by a Statute made in the three and twentieth year of the Raign of Queen Elizabeth 23 Eliz c. 1 Entituled an Act for retaining the Queens Subjects in their due obedience who are seditious or wicked Sectaries and disloyal Persons 1. Are they not such Persons as pretend to have Power from the See of Rome to absolve People 23. Eliz. 1. 2. Are they not such Persons who shall or may perswade the Kings Subjects from their natural obedience to his Majesty and from the Protestant Religion established to the Romish Religion 23. Elizabeth cap. 1. 3. Are they not such as move the Kings Subjects to promise any obedience to any pretended authority of the See of Rome 4. Are they not such also as are willing to be withdrawn from the Church of England to the Church of Rome 5. Are they not such as brought or shall bring in and put in Execution Bulls Writings and Instruments and other superstitious things from the See of Rome And in respect thereof did withdraw great numbers from their due obedience to her Majesties Laws established for the service of God And did also withdraw divers of the Queens Subjects from their natural obedience to her Majesty to obey the usurped authority of Rome 23. Eliz. cap. I. Are not those seditious Persons and seditious Actions for any to withdraw the Kings Subjects from the Common Prayer Book and that form of Religion and Worship as it is now established to reconcile them to the Romish Religion and as aforesaid And is not that to withdraw the Kings Subjects from their natural obedience to his Majesty c. But the Innocent People of God reproachfully called Quakers are free from such seditious principles and practises and how can their Godly Meetings be said to be seditious Conventicles and unlawful assemblies And the Statute made in the five and thirtieth year of the Raign of Queen Elizabeth 25 Eliz. c. 1. against seditious Conventicles was for the preventing and avoiding of such great inconveniences and perils as mighâ—â—â—ppen and grow by the wicked and dangerous practiâ—es of seditious Sectaries and disâ—oyal persons And is it not plaine by the Statute aforesaid viz. the 23. Elâ—â— 1. who are those seditious or wicked Sectaries and disloyal Persons And is not plain that the â—uakers so called are not a People of such wicked principles and seditious Actions as aforesaid Concerning unlawful Assemblies c. Seditious and Tumultuous Meetings are declared by the late Act to be unlawful Assemblies so that they are seditious and tumultuous meetings that are to be dissolved and dissipated or prevented as by the Statute appeareth See 16. Car. 2. Regis fol. 34 35. And how doth it appear that the godly meetings of the Quakers are seditious and tumultuous meetings Must it not appear by Words and Actions and if there be no such things apparent are they not innocent and free from the same as aforesaid Saith Dalton in his Justice of Peace An unlawful Assembly c. Is where three persons or more shall gather together come or meet in one place to do some unlawful Act with violence See Dalt I. P. fol. 277. And is it not plain and evident that the innocent Quakers do not meet to do any unlawful Act with violence How then are their meetings said to be unlawful meetings Saith Dalton when three Persons and more shall come and Assemble themselves together to the intent to do any unlawful Act with force or violence against the Person of another his Possession or Goods Dalt 278. as to Kill Beat or otherwise to hurt a man to pull down a House Wall Pale Hedge or Ditch wrongfully to enter upon or into another mans Possession House or Land c. Or to cut or take away Corn Grass Wood or other goods wrongfully or to Hunt unlawfully in any Park or Warren or to do any other unlawful Act with force or violence against the Peace or to the manifest terror of the People if they only meet to such a purpose or intent This is an unlawful Assembly Dalt I. P. fol. 278. But it is as clear as the Sun at noon day That the innocent People of God called Quakers do not meet together to such a purpose or intent to do any such unlawful actions with force or violence nor to the manifest terror of the People Therefore how can their godly meetings be truly said to be unlawful Assemblies 1. If Persons Assemble together to the intent to do any unlawful Act with force or violence against the Person of another his Possession or Goods as aforesaid or to do any other unlawful act with force or violence against the Peace or to the manifest terror of the People if they only meet to such a purpose or intent although they shall after depart of their own accord without doing any such thing yet this is an unlawful Assembly Dalt I. P. 278. 2. If after their meeting They shall ride go or move forward toward the execution of any such act wether they put their intended purpose in execution or not This is a Rout. Dalt 278.
3. And if they execute any such thing indeed then it is a Riot Dalt 278. And saith he Mr. Finch describeth them shortly thus fi libro 2. An unlawful Assembly is when Persons shall Assemble to do any unlawful Act. So that the unlawfulness of the act about which they assemble to do is that it seems which makes their meeting together to be an unlawful Assembly and to be an Offence against Law A Rout is when they set forward to do it And a Riot is when they do it indeed Dalt 278. Now in Riots Routs and unlawful Assemblies these four circumstances are to be considered First The number of the persons Assembled 2. The intent and purpose of the meeting 3. The lawfulness or unlawfulness of the Act. 4. The manner and circumstance of doing it First The number For the number there must necessarily be three persons at the least so gathered together to the intent to do some unlawful act with force or violence against the Peace or Person of another his Possession or Goods or to the manifest terror of the People as aforesaid For else it can be no Riot 1 M. 12. 1 Eliz. 17. Rout or unlawful Assembly saith Dalton within the meaning of these Statutes Dalt 278. For saith he an Assemby of an hundred Persons or more yea though they be in Armor yet if it be not in terror or affright of the People and were assembled without any intent to break the Peace It is not prohibited by these Statutes nor unlawful Dalt I. P. 279. 2. For the intent The intent It seemeth it can be no Riot Rout or unlawful Assembly Except there be an intent precedent to do some unlawful Act and with violence or force See Dalt J. P. fol. 279. Cromp. 6. P. R. 25. 3. As for the lawfulness of the act Every man may Assemble company to aid him in his House Lawfulness of the Act. against injury or violence And every man in peaceable manner may assemble a meet company and may come to do any lawful thing Dalt J. P. 280. 4. As there must necessarily be three Persons at the least assembled together to make a Riot Rout The manner and circumstances or unlawful assembly so their being together and their demeanour must be such as shall or may breed some apparent disturbance of the Peace either by threatning speeches turbulent gesture shew of Armour or actual force or violence to the terror and fearing of the peaceabler sort of people or to the emboldenimg and stirring up of such as are busie headed and of evil disposition by such fact or else it can be no unlawful assembly c. See Dalt J. P. fol. 281. And doth or may it not clearly appear the premises and circumstances being truely and duely considered That the peaceable and godly meetings of the innocent people of God reproachfully called Quakers truly and really to serve and worship the Lord without any intent or purpose to do any unlawful act with force or violence as aforesaid are no unlawful Assemblies Because their being together and their demeanour is such as doth not breed any apparent disturbance of the Peace neither by threatning speeches turbulent gesture nor shew of armour nor actual force or violence nor to the terror and fearing of the peaceabler sort of people who do neither meet in terror or affright of the people nor with any intent to break the Peace by any unlawful act with force or violence If any Riot Assembly or Rout of People against the Law be made in any part of the Realme the Justices of the Peace three or two of them at the least and the Sheriff or Under-Sheriff of the Shire where such Riot Assembly or Rout shall be made shall come with the Power of the County if need be to Arrest them and shall Arrest them And the same Justices Sheriff or Under-Sheriffs have power to Record that which they shall find in their presence against the Law and the same Offenders shall be Convict by the Record of the same Justices Sheriff or Under-Sheriff in manner and form as it is contained in the Statute of Forcible Entries See Pultons abstract and Statute 17 Rich. 2.8 Stat 13. Hen. 4.7 And see Forcible Entry 2. And in Forcible Entrie 2. Pult. saith If a Justice of Peace of the County or Major Bayliffe Sheriff Justices or Justice of Peace of the City do fine any that made such Forcible Entrie c. he shall take the Offenders and commit them to the next Goal and there to remain c. And whether the Parties which made such Entries be present or gone at the coming of the Justice the said Justice Major c. shall in some good Town or convenient place near unto the place where such force was made enquire by a sufficient Jury of the same County City c. of them which made such forcible Entries and if it be found before them That any have made Entry in form aforesaid The said Justices Major c. shall reseise the said Lands and put the party in possession which in such sort was put out Pult. 132. Stat. 8. Hen. 6.9 So that a Riot Rout or unlawful assembly is to be enquired of and found by a Jury For if any such Offence be committed within this Realm the Sheriff having a precept directed to him shall return four and twenty persons dwelling within the Shire where such assembly or fact was committed whereof every of them shall have Lands and Tenements within the same shire to the yearly value of twenty shillings Charter Land or Free-hold or twenty six shillings eight pence Copy-hold or of both above all charges for to enquire of the said Riot Rout or unlawful Assembly c. See the Stat. 19. Hen. 7.13 Pult. Abstract Arrest and Imprisonment An Arrest is the first apprehending and restraining of a mans person depriving it of its own Will and Liberty Dalt 405. Shep. 171. and may be called the beginning of imprisonment Dalt J. P. 405. Shep. Just P. cap. 6. sect 1. p. 171. Imprisonment is where a man is Arrested against his Will Dalt 405. Shep 171. or is restrained of his Liberty by putting him into the Goal Cage or Stocks or into some House or otherwise by keeping him in the high street or open field so as he cannot freely go at liberty when and where he would Dalt J. P. 405. If the Constable or other Officer upon a Warrant received from a Justice of Peace shall come unto the party or require or charge or command him to go or come before the Justice c. This is no Arrest or Imprisonment And upon a Warrant for the Peace the Officer ought first to require the party to go before the Justice before he may Arrest him See Dalt 405. But saith he this Arrest being in Execution of the commandment of some Court or of some Officer of Justice is exprest in their Writs by these words or the
like Capias Attachias c. To Attach Arrest Take Bring or Convey or cause to be Attached Arrested c. All which words do imply the taking and laying hold of the persons Dalt J. P. fol. 405 406. Is not the old Law of the Land very tender of the Liberty of a man yea and of all men of what estate and condition soever they be without respect of Persons or differences of Opinions in matters of Religion Faith and Salvation seeing it takes care and provides That no man be imprisoned or destroyed in his Liberty Person or Estate without being brought in to answer or trial by due course of Law and if men be imprisoned of destroyed in their Liberties Persons or Estates without the Verdict of twelve men or without being brought in to answer or Tryal by due Process of Law are they not destroyed contrary to Magna Charta and the good old Law of the Land For by a Statute made in the eight and twentieth year of the Raign of 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 Disherited without being brought in to answer by due process of Law Stat. 28. Edw. 3. c. 3. And by another Statute made in the forty second year of the Raign of King Edward the third It is Enacted That no man be put to answer without presentment before Justices or matter of Record or by due process or by Writ Original according to the old Law of the Land and if any thing be done to the contrary it shall be void in Law and holden for error Stat. 42. Edw. 3. cap. 3. First doth it not appear by the Statute That no man is to be imprisoned without being brought in to answer or Tryal by due processe of Law 28. Edw. 3.3 And secondly that no man that is imprisoned is to be put to answer without presentment before Justices or matter of Record or by due Processe or by Writ Original according to the old Law of the Land And thirdly That if any thing be done to the contrary It shall be void in Law and holden for error Stat. 42. Edw. 3.3 Also saith Dalton The Liberty of a man is a thing specially favoured by the common Law of the Land and by the Statute of Magna Charta made 9. Hen. 3.29 No Freeman shall be Taken or Imprisoned or Disseised of his Freehold or Liberties or free Customs or be Outlawed or Exiled or otherwise destroyed but by the lawful Judgement of his equals upon his â—â—nviction for some offence by the Verdict of a Jury of twelve good and lawful men or by the Law of the Land See the Petition An. 3. Car. Regis And Stat. 5. Edw. 3. cap. 9. Dalt J. P. 406. And by this Statute of Magna Charta saith Dalton every Arrest or Imprisonment and every Oppression against the Law of the Land is forbidden and if any Judge Officer or other person against the Law shall usurp any Jurisdiction and by colour thereof shall Arrest Imprison or Oppresse any man it is punishable by the Statute See Dalt J. P. fol. 406. Co. 10.75 This grand Charter is a declaration of the antient common Law Co. 10.48 And the Statute of Magna Charta and Charta de Forresta for their excellency have since been confirmed by the Authority of above thirty several Parliaments See Cooks Preface to the eighth Report and Dalt J. P. fol. 406. Note that all Jurisdiction saith he ought to be either by Charter or by prescription See Co. 11.99 and Dalt 406. Also by the Statutes of 25. Edw. 3. cap. 4.28 Edw. 3.3 and 42. Edw. 3. cap. 3. No person shall be taken or Imprisoned nor put to answer unless it be by Indictment or Presentment of a Jury before Justices or by matter of Record or by due Processe made by Writ Original at the Common Law Saith he A Commisson to Arrest or Take a man and his goods was holden to be against Law for that this ought to be either upon Indictment or suite of the partie or other due processe of Law Saith Dalton 407 Br. Comiss 15.16 and Faux Impris 9. and Indictment 38.42 All. 5.12.42 Ed. 3.9 Co. 5.64 And so note saith Dalton That no man shall be Arrested for Debt Detinue Trespasse or other cause of Action but onely by vertue of a preceptor Comandment out of some court of Record Dalt I. P. fol. 407. Neither shall any man Comit Another to Prison Except he be a Judge of Record Cooke 10.103 Dalt 407. But yet for Misdemeanors done against the Kings peace as for Treason Fellony c. The Offendors as well by the Comon Law as by diverse Statutes may be Arrested and Imprisoned by the Officers of Justice Dalt 407. And yet for the Arresting of the body of a man in such cases There must be some just cause c. saith Dalton Dalt I. P. fol. 407. The Manner of Comitment of such Offendors When any person shall be brought before a Justice of peace for Murder Manslaughter or any other Fellony wherewith the Justice of Peace may deale or for Suspition thereof before the Justice shall Comit or send such Offenders to Prison saith Dalton he shall take First the Examination of such Offenders 2. The Information of such as bring him viz. He shal take their Examination and Information of the Fact and Circumstances thereof and so much thereof as shall be material to prove the fact shall be put in writing within two days after the said Examination 3. The same Justice of Peace shall binde all such by Recognisance as do declare any thing Materiall to prove the fact to Appeare at the next generall Goale delivery to be holden where the Tryall of the said fact shall bee Then and there to give in Evidence against such Offendors Dalt 365. 4. And then the same Justice shall make his Mittimus to Carry the Offendor to the Goale 5. And the said Justice or Justices of Peace shall Certifie at the next generall Goale delivery such Examination Information and Recognisance See the Stat. 1. 2. Ph. Ma. 13. Dalt I. P. fol. 395. No man is to be Attached by Any Accusation nor Forejudged of life or Limb c. against the Forme of the Charter and the Law of the Land For by A Statute made in the fifth year of the Raign of King Edward the Third It is Enacted 5. Edw. 3 That no man shall be Attached by any Accusation nor Forejudged of Life or Limb nor his Lands Tenements goods nor Ghattells Seized into the Kings hand against the Forme of the Charter and the Law of the Land see the Stat. 5. Ed. 3. And by Magna Charta many times confirmed in Parliament It is Enacted That no Freeman be Taken and Imprisoned or Disseized of his Freehold or Liberties or Free Customs or be Outlawed or Exiled or otherwise Distroyed but by
do equal Law 20 Edw 3 cap. 1. and execution of right to all our subjects rich and poor without having regard to any person and without omitting to do right for any Letters or Commandment which may come to them from us or from any other or by any other cause 20. Edw. 3. cap. 1. And if that any Letters Writs or Commandments come to the Justices or to others deputed to do Law and Right according to the usage of the Realm in disturbance of the Law 20 Edw 3 or of the Execution of the same or of right to the Parties The Justices and other aforesaid shall proceed and hold their Courts and Processes where the Pleas and matters be depending before them as if no such Letters Writs or Commandments were come to them And they shall certifie Us and our counsel of such Commandments which be contrary to the Law as is aforesaid And to the intent that our Justices should do even Right to all people in the manner aforesaid without more favour shewing to one then to another We have ordained and caused our said Justices to be sworn That they shall not from henceforth as long as they shall be in the Office of Justice take Fee nor Robe of any man but of our self And that they shall take no gift nor Reward by themselves nor by other privily nor apertly of any man that hath to do before them by any way except meat and drink and that of a small value c. And for this cause we increased the Fees of the same our Justices in such manner as it ought reasonably to suffice them Stat. 2o Ed. 3.1 St. 2 Ed. 3.8 St. 11. Rich. 2.10 Regist f. 186. See the Oath of the Justices being made Anno the 18. Edw. 3. wherein it is contained That they shall well and lawfully serve the King and his people in the Office of Justice and that they shall do equal Law and execution of Right to all his subjects rich and poor without having regard to any person and that they deny to do no man common right by the Kings Letters nor none other means nor for none other cause and in case any Letters come to them contrary to the Law that they do nothing by such Letters but certifie the King thereof and proceed to execute the Law notwithstanding the same Letters And in case they be from thenceforth found in default in any of the points aforesaid They shall be at the Kings Will of body Lands and Goods thereof to be done as shall please him See the Oath of the Justices at large being made Anno the 18. Edw. 3. and Anno Dom. 1344. No Commandment under the Kings Seal shall disturb or delay Justice Item it is Recorded and established That it shall not be commanded by the Great Seal nor the little Seal 2 Edw. 3. cap. 8. to disturb or delay common right and though such Commandments do come the Justices shall not therefore leave to do Right in any point Stat. 2. Ed. 3. St. 9. Hen. 3.29 St. 5. Ed. 3.9 and 14. Ed. 3.14 None shall be attached or forejudged contrary to the great Charter and the Law of the land Item 9 Hen 3.29 2 Ed. 3.8 14 Ed. 3.14 28 Ed. 3.3 It is enacted That no man from henceforth shall be attached by any accusation nor forejudged of Life or Limb nor his Lands Tenements Goods not Chattels seized into the Kings hands against the form of the Charter and the Law of the Land Stat. 5. Ed. 3. cap. 9. None shall be put to answer an Accusation made to the King without Presentment or some matter of Record c. Item At the Request of the Commons by their Petitions put forth in this Parliament to Eschew the mischiefs and damage done to divers of his Commons by false Accusers which oftentimes have made their Accusations more for revenge and singular benefit than for the profit of the King or of his people which accused persons some have been taken and sometimes caused to come before the Kings Counsel by Writ and otherwise upon grievous pain against the Law It is assented and accorded for the good Governance of the Commons That no man be put to answer without Presentment before Justices or matter of Record or by due processe made by Writ Original according to the old Law of the Land And if any thing from henceforth be done to the contrary it shall be void in the Law and holden for error Stat. 42. Ed. 3. ca. 3. St. 25. Ed. 3.4 and 37. Ed. 3.18 None shall be condemned without lawful Presentment c. Item Whereas it is contained in the great Charter of the Franchises of England That none shall be imprisoned nor put out of his Freehold nor of his Franchises nor free Customs unless it be by the Law of the Land It is Accorded Assented and Established That from henceforth none shall be taken by Petition or suggestion made to our Lord the King or to his Counsel unless it be by Indictment or Presentment of his good and lawful People of the same neighbourhood where such deeds be done in due manner or by Processe made by Writ Original at the Common Law Nor that none be put out of his Franchise nor of his Freeholds unless he be duly brought in to answer and forejudged 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 Sat. 25. Edward 3 4. Stat 5. Edw 3.9 Stat. 28. Ed. 3.3 and Stat. 42. Edw. 3.3 If the Law of England cannot be lawfully executed without a Jury Jur. p. 2 3. who are said to be the true and Ordinary Judges of the land whose verdict is the effectuall Judgment as it s said whereby all men are Judged by their Peers as well for their lives as lands c. if so how careful ought Jurors to be that they neither ignorantly nor wilfully destroy men in their lives liberties or estates who are so entrusted therewith upon tryalls and so greatly Concerned in the same And if men be Condemned or in many sort destroyed without the verdict or Judgment of a Jury is the Law of England lawfully Executed upon them And Concerning Banishment Cook upon the 29. Chapter of Magna Charta saith that by the Law of the land no man can be exiled or Banished out of his native Countrie but either by Authority of Parliament or incase of abjuration for fellony by the common Law Co. 2. part Institutes fol. 47. Then is it not evident and remains true that no man ought to be Banished by the Law of England out of his native Country for the Service and worship of God in the way and manner appointed by the word and Spirit of God because it is not fellony to serve and worship the Lord Neither is it Enacted Ordained and declared by Authority of Parliament That such and such persons or any man shall be Banished out of his native Country for the Service and worship of God If Judges take upon them to condemne and passe the Sentence of Transportation or Banishment upon others for errour as they Apprehend about the manner of the worship of God whilst the Judges themselves acording to their owne confession in evidence against themselves do daily erre and go astray from the way of God and dayly offend against the lawes of God do not they in so doing condemn others for the same or the like offence as the Judges know themselves gulty of And saith Andrew Horne in the Mirror of Justice Criminall persons are forbidden by the law to be Judges for saith the same Author God when he was upon Earth entred into the Consistory where a Sinner was to be Judged to death when God wrote upon the ground and said to the sutors who came to Judge her who of you is without Sin and there gave a Judgment as an example to Judges who take upon them every day to Judge the people whereby he taught them that none should take upon them so high and noble a calling as to sit in the seate of God to Judge offendors when they themselves are guilty and Condemnable See the mirror of Justices pag. 59. 60. The END