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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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perswade her or her Learned Successor notwithstanding the Horrid design of the Gunpowder Treason against him and his Posterity and the wiser as they should be and better part of his Subjects Assembled in Parliament to be more than prudentially rigorous to that Party whose Friends in other Countries might retalliate any Severity used to theirs And although she made some fierce and smart Laws to affright those that called themselves Catholicks for principles inconsistent with the Safety of her Soveraignty and its Government which in all these Acts of Parliament appeared to be more against the Emissaries from Rome which came to Seduce and lead them into such dangerous Errors than to forbid any thing that was Innocent in the private Devotions religious and practical part of it that Great Queen and King well understanding that they could not by any Rules of State Justice or Modesty of which Princes when there is not so great Inequality as to give them an absolute Dominion over one another are usually very tender require any Ease or Liberties for Protestants living under other Princes and their Laws when they can neither promise or perform Mutualities or Reciprocations And therefore the Learned King James when the House of Commons in Parliament had Petitioned him to give some stop to the growth of Popery one Cause whereof they assigned to be the Interposition of Foreign Princes Embassadors and Agents in favour of Papists Answered That they might rest secure that he would never be weary to do all he could for the Propagation of the Protestant Religion and Suppression of Popery but the manner and form they were to remit to his Care and Providence who could best consider of times and seasons but his Care of Religion must be such as on the one part he must not by the hot Persecution of our Recusants at home irritate Foreign Princes of a contrary Religion and teach them a way to plague the Protestants in their Dominions with whom he daily interceeded and at that time principally for ease to them of our Profession that live under them And in the 21 th year of his Reign in a Speech which he made in Parliament declared to the Lords and Commons That it was true that at times for Reasons best known to himself he did not so fully put Laws in Execution against Recusants but did wink and connive at some things which might have hindred more weighty Affairs But he did never in all his Treaties agree to any thing to the overthrow and dissolution of those Laws but had in all a chief care of the preservation of that truth which he ever professed for as it was a good Horseman's part not always to use his Spurs and keep strait the Reins but sometime to suffer the Reins to be more remiss So it was the part of a Wise King and his Age and Experience in Government had informed him sometimes to quicken the Laws with Executions and at other times upon just Occasions to be more remiss But as God shall Judge him he never thought or meant nor ever in any word expressed any thing that savoured of it and prayed them to root out Jealousies which were the greatest Weeds in their Garden For certainly to Consiseate two parts of three of a Papist's Lands or disinherit the next Heir if bred up in that Religion can never amount to the avail of Protestants in Transilvania Hungary Bohemia Silesia Moravia Poland Upper or Lower Austria Piedmont Flanders Brabant and the rest of the Belgick Provinces nor under those which were United and Confederate the Hause-Towns Bearne and some other of the Cantons of Switzerland and the bad enough already used Multitudes of Huguenots in France Nor can the Persecution or destroying of the greater part of the Protestants beyond the Seas to gratifie the humerous pretences and causeless fears of the more Imprudent and lesser part of the Protestants of England be by any rule of right reason adjudged to be for the Protestant Interest And upon the like advice and reason may our fears of any Invasion upon our Properties and just Rights disappear and vanish as soon as they shall with any eye of Judgment be but looked upon nor will ever be able to endure the touchstone of Truth when our Liberties are so Impregnable and fortified by very many of our good Laws and Liberties and by our Magna Charta and Charters de Foresta more than Thirty times confirmed by Acts of Parliament for those great Charters were never singly or by themselves so many times confirmed by Acts of Parliament When by that excellent Law and Charter freely granted in the Ninth year of the Reign of King Hen. 3. No Freeman may be taken or Imprisoned or be disseised of his freehold Liberties or free Customs be Outlawed or Exiled or in any manner destroyed but by the lawful Judgment of his Peers or by the Law of the Land no man shall be amerced for a small fault or if for a greater saving to him his Contenement and a Merchant saving to him his Merchandize Earls and Barons shall not be amerced but by their Peers the King will not sell deny or defer any Man either Justice or Right No Man of the Church shall be amerced after the quantity of his Spiritual benefit but after the quantity of his Lay-tenement and the quantity of his Offence and a Villain shall not be amerced but saving his Wainage and that all things done to the contrary shall be void Sureties or Pledges shall not be Charged for any Debts of the King if the Debtor hath Goods and Chattels to pay the Debt and is ready to pay None shall be Distreined for more Service than is due Common Pleas shall not follow the King 's Court. Those that do commit Redisseisin shall be Imprisoned and not delivered without special Commandment of the King and shall make Fine to the King for the Trespass By an Act of Parliament made in the Third year of King Edward the First none shall be attached by any occasion nor fore-judged of life or limb nor his Lands Tenements Goods or Chattels seised into the King's hands against the form of the Great Charter and the Law of the Land No City Burrough or Town nor any Man shall be amerced without reasonable Cause and according to the quantity of his Trespass that is to say every Freeman saving his Free-hold and Merchant saving his Merchandize a Villain saving his Gainure and that by his or their Peers By an Act of Parliament made in the 25th year of his Reign The King will take no Aids or Prizes but by the Common consent of the Realm saving the ancient Aids and Prizes due and accustomed Aids and Taxes granted to the King shall not be taken for a Custom No Officer of the King by themselves or any other shall maintain Pleas Suits or Matters hanging in the King's Court for Lands Tenements or other things to
have a mind to Imitate such a self-ruining madness the dire Events and many heavy and remediless Calamities which fell upon the over-sparing and cautious Constantinopolitans who denying their Emperor a necessary and fitting Aid to defend them as well as himself made the Turks Master of all Greece so renowned heretofore for Learning and that City and the Riches of it a twentieth or a very small part whereof might have disappointed all the Tyranny Bondage and Slavery which they have ever since been under and are according to Humane Judgement like to continue to the end of the World in no better a Condition And now that Hannibal is ad Portas Dangers on all sides encompassing and crowding in upon us we should neither forsake our selves and good old England which will surely be worth the saving nor so much mistake that which was ever accompted to be Reason Wisdom and Forecast as to undervalue the prospect and the cares of Prevention laugh at them as Pedantick Fopperies or the dotage of a Decrepit World and like Jonas displeasing his God fall asleep in the midst of a Tempest But rather make hast to return to our selves and set before us the Wisdom and Examples of our Ancestors and Predecessors who in the care of themselves and of the Private and Publick not separate but joyned together as well as of their Kings and Soveraigns would not be deterred by any Statemisfortunes or Irregularities or tempted by their Jealousies or Fears to suffer themselves as the Members and smaller parts of the Body to languish and be destroyed by neglecting the Head and the Security and Safety thereof or by not paying their Duty and Reverence to their Kings hate and ruine themselves which in all their Discontents and Murmurings against their Kings and Government the Anxieties or Commotions of their Minds and Passions or the Dispairs which had sometimes seized upon them they did so much seek to avoid as they did not refuse them Aids in all their Wars and Troubles Domestick and Foreign King Henry the Second who after a very great and general Act of resumption of the Aliened Crown Revenue some whereof had been granted by himself had discontented many of his great Nobility when all his Sons had Rebelled Warred and taken Arms against him wanted not a supply by Escuage from his Subjects of England to reduce them to Obedience and make his Wars in France King Richard the First being unfortunately in his Return Incognito from his warlike and glorious Expedition to Jerusalem made Prisoner by an unworthy Surprize of the Duke of Austria and the German Emperor enforced as some of our Historians have reported for his Deliverance to invest the former of them with the Superiority of his Kingdom of England by the delivering of his Hat unto him which the Emperor in the presence of divers of the Nobility of Germany and England returned unto him to hold the Kingdom of him by the Annual Tribute of Fifty thousand pound Sterling and his Brother John Usurping the Crown in his absence and Plotting with the Emperor and the King of France his mortal Enemy to continue him a Prisoner during his Life both Laiety and Clergy notwithstanding that he had by the perswasion of the Clergy more than of the Laiety been ingaged in that very Expensive War did so strain themselves to redeem the Person of their King the Kingdom and People at that time being secure enough from Foreign Invasions as they raised and paid One hundred and fifty thousand Marks in pure Silver of Cologn weight then a very great Sum of Money by Twenty Shillings imposed upon every Knights Fee the fourth part of the Revenue of the Laiety and the like of the Clergy a tenth of their Goods all or most the Chalices and Treasure of the Church being then also not a little sold to make up the Sum So as William Petit or Newbrigensis who wrote his Book in that time saith Ferè exmunita pecuniis Anglia videretur England seemed to be almost emptied of all her Money and the like courses were held for raising that then great Sum of Money in all his Dominions beyond the Seas King John likewise having resum'd much of his Crown-Lands Murdered as was suspected his Nephew Arthur the right Heir to the Crown and thereby forfeited the Dutchy of Normandy to the King of France of whom he held it and in those many Troubles and Distresses which were cast upon him by his unruly Baronage constrained to acknowledge to hold his Kingdoms of England and Dominion of Ireland of the Pope and his Successors in Fee-Farm under the yearly Rent of One thousand Marks per Annum Charged his Earls and Barons with the Losses which he had sustained in France Fined and made them pay a seventh part of all their Goods had Two marks and a half granted unto him by the Parliament out of every Knight's Feé and within a year after a thirteenth part of all the Moveables and other Goods as well of the Clergy as of the Laiety King Henry the Third his Son resum'd all the Lands alien'd from the Crown had so great Troubles entail'd upon him by the Contests of his boisterous Baronage with his Father as Lewis the French King's Son was called in by some of them received their Homage and had London and a great part of the Kingdom delivered up and put into his Possession but upon better Consideration was afterwards sent home again by those that Invited him and the Barons of England having so little accorded with their Native King as several Battels were fought betwixt them in one of which the King himself was taken Prisoner and in another released by the Valour of the Prince his Son the managers of that Rebellion Slain and their multitude of Partizans reduced to Obedience being a great part of the Kingdom by their Compounding with his Commissioners at Kenelworth to give him Seven years Purchase of the yearly value of their Lands which amounted to a very great Sum of Money for a Pardon for their Offences and a Redemption of their Estates the Subjects and People of this Nation did howsoever in order to their own Preservation besides the fifteenth part of all their Goods for his Grants of Magna Charta and Charta Forestae not deny him their Aids of Scutage Fifteenths and Tenths there being scarce a year wherein there was not a Parliament and seldom any Parliament without a Tax King Edward the First notwithstanding his Writs of Quo Warranto brought against all the Nobility Great Men Gentry and others of England Cities and Burroughs Claiming Liberties and Priviledges wherein he did put them strictly to prove them either by Grant or Prescription seized and confiscated the Estates of the Earls of Gloucester Hereford and Norfolk Men of great Might and Power for their refusing to go and serve him in his Wars beyond the Seas the Earl of Hereford being Constable and the Earl of Norfolk Earl Marshal of
whereof was by his own Confession an Irish Popish Priest and by the Assistance of their over-pow'ring Army voted down suppressed and shut up the House of Peers as useless and dangerous inforced themselves into a Republick and the Nation who by the Laws of God and the King and their Oaths of Allegiance and Supremacy were bound as well as themselves to the contrary to Ingage never more to admit of a King and House of Lords and in some of their Answers to their Brethren of Scotland who urged and taxed them with some of their Promises concerning His late Majesty said that they hoped they would not make their Promises to be Obligations And in their Declaration Printed and Published to give Satisfaction to all the World that would believe them of the Reasons of their Actions and turning themselves into a Common-wealth endeavoured to assert that in all Promises a Tacite Condition and Proviso was ever to be understood as annexed unto them So always that they did not prejudice or inconvenience the Party promising And forgetting that they had prosecuted the late Earl of Strafford and caused him to be put to Death upon a pretence of his Subversion of Laws which he never did but they themselves really and frequently did Murdered their King Banished His now Majesty the Prince and the rest of his Children and used their utmost endeavors to Extirpate all the Royal Progeny scorned and abused the Laws tumbled tossed and ploughed up the Liberties Proprieties and Estates of the Loyal Party and made some Ignotos and invisible they themselves never knew and who were less to be understood than King Oberon and his Fairy Queen to be stiled the Keepers of the Liberties of England voted the Courts of Chancery King's-Bench Common Pleas and Exchequer to be dissolved and ordered the Records thereof to be destroyed and thrown into the River of Thames and were not all that while in dread of any Arbitrary Power and a Standing Army when to the great Charge of the People they could not think themselves safe without it But tamely suffered Oliver Cromwel their Man of Sin and greatest of Hypocrites to put a trick upon them and teach them the Truth and Doctrine of Divine Retalliation by dissolving the Reliques of the over-long Parliament pulling out the remaining Members with Soldiers and Musquettiers and shutting up the Doors of that House of Commons and could for the Preservation of their ill-gotten Estates like Isachar bow down unto the burden and be well content to believe it to be no violation of the Privileges of Parliament no Arbitrary Power or Introduction to it nor any Destruction of the Liberties of the People and suffer him upon the 16 th of December 1653. in the presence of the Commanders and Officers of his Army attended by the miscalled Lords Commissioners of the pretended great Seal of England Lord Mayor and Aldermen of the City of London divers of the over awed Judges of the Land and many other Persons said to be of Quality to declare himself by an Instrument in Writing of his own framing Protector of the Common-wealth of England Scotland and Ireland Disannul and Abrogate the antient form of Parliaments constitute a New and Ordain that the Persons Elected to be Members for ever afterwards should be approved by the major part of his Council and the succeeding Protectors who were most of them Major Generals and Commanders in his Standing Army of Oppressors That an yearly Revenue should be raised settled and established for the maintaining of Ten Thousand Horse and Dragoons and Twenty Thousand Foot in England Scotland and Ireland for the Defence and Security thereof and a Convenient Number of Ships for guarding of the Seas besides Two hundred thousand Pounds per Annum for defraying the other necessary Charges and Expences of the Government Which Revenues were to be raised by the Customs and such other ways and means as should be agreed upon by him and his Council That the Lands Tenements Rents Royalties Jurisdictions and Hereditaments which remained unsold and undisposed by Acts or Ordinances of Parliament belonging to the Common-Wealth except the Forests and Chases and the Honors and Mannors appertaining thereunto the Lands of the Rebels in Ireland and the four Counties of Dublin Cork Kildare and Caterlaugh the Lands forfeited by the People of Scotland in the late Wars and the Lands of Papists and Delinquents in England who had not then Compounded should together with the Debts Fines Issues Amerciaments Penalties and Profits certain and casual due to the Keepers of the Liberties of England by Authority of Parliament be vested in the Lord Protector and his Successors Lord Protectors of the aforesaid Nations not to be aliened but by consent of Parliament which made him no less an yearly Revenue as some of his own Party did calculate it then Eighteen hundred Thousand Pounds sterling per Annum That for the preventing of Disorders and Dangers which might fall out both at Sea and Land he should have Power until the meeting of the first Parliament which was to be once in every Three years to raise Money for the purposes aforesaid And to make Laws and Ordinances for the Peace and welfare of these Nations which should be binding and in force until order should be taken in Parliament concerning the same That the exercise of the Chief Magistrate and the Administration of the Government over the said Countries and Dominions should be in the Lord Protector assisted with a Council not exceeding Twenty one or less than Thirteen That he should in the Intervals of Parliament dispose and order the Militia and Forces of the Three Nations for the Peace and good thereof with the advice and consent of the major part of his Council That the Number of 60 Elected and chosen or approved as aforesaid being easie enough to be tempted by Preferment or over-awed by a standing Army should be deemed a Parliament for the Three Kingdoms of England Scotland and Ireland That he and every successive Lord Protector should take an Oath that he would not Violate or Infringe the matters and things contained in that Instrument of Government And when afterwards to prevent the Juries Scruples of Conscience and unwillingness to give their Verdicts against the Law and the King 's Loyal Party as he would have them erected in Westminster-Hall his High Court of Justice or Shambles as some of the People not unfitly termed it adorned with Red and Blood-demonstrating Colours to Try and Condemn such Innocent Persons as he should call Offenders not according to the Law but the unbounded rules of his vulgar Reason of State guided by a standing Army of 30000 Horse and Foot baffled and disgraced the Laws and reasonable Customs of England maimed and cut off as much as he could of it as Adonizedek did the Thumbs and Toes of his Captive Kings altered and destroyed all he could the form and rationality of the Proceedings thereof and caused the Writs and
gave them a Caution for the future to believe that whatsoever is subject to a publick Exposition cannot be good And the Parliaments in her long and glorious Reign were so unwilling to give any disturbance to her Great and Renowned Actions for the defence and good of her Self and her People and all the Protestant Concernments in Christendom As in the First year of her Reign a Parliament granted her Two shillings eight pence in the Pound of Goods and Four shillings of Lands to be paid in several Payments In her Sixth year one Subsidy was granted by the Clergy and another by the Laiety together with two Fifteenths and Tenths in the Thirteenth year of her Reign towards the Charges of Suppressing the Northern Rebellion a Subsidy of Six shillings in the pound by the Clergy and by the Temporalty two Fifteens and a Subsidy of Two shillings and eight pence in the Pound in her Six and twentieth year had granted her by the Clergy two whole Subsidies and by the Laiety three besides Six Fifteenths and Tenths with a Proviso that that great Contribution should not be drawn into Example in her Fortieth year had granted by the Clergy three entire Subsidies and as many by the Laiety with Six Fifteens and Tenths and in the 42 th year of her Reign to furnish Money for the Irish Wars had Commissions granted to confirm the Crown Lands of Ireland to the Possessors o● defective Titles And all little enough when in the same year Sir Walter Raleigh a Member of the House of Commons declared unto them That the Moneys lent unto 〈◊〉 〈◊〉 yet unpaid her Jewels and much of her Lands sold and she had spared Money out of her own Purse and her Apparel for her Peoples sake And yet when in the Eighth year of her Reign the Parliament had offered unto her four Subsidies upon Condition that she would declare her Successor she magnanimously refused it and remitted the fourth Subsidy saying It was all one whether the Money was in her own or in her Subjects Coffers Our King James being born and bred in the Kingdom of Scotland where their Laws are mingled with some Neighbour English Customs drawn out of our Glanvil brought thither by their King James the First who lived some time here in England and afterwards so much Compounded and over-born by the Civil Law brought out of France long after by King James the Fifth which with some part of their Common Law makes them to be so overmuch Civil and Canon and a Miscellany of them as they are very much different from ours had so great an affection to the Civil Laws and those of his own Countrey before he had understood the Excellency of ours that shortly after his coming to the Crown of England he earnestly recommended to the Parliament of England not only an Union of both the Kingdoms and the Subjects thereof but of their Laws also And so much savoured the Civil Laws as he complained in a Speech to the Parliament of the Contempt of them allowed or was much taken with the Comedy of Ignoramus and Dulman which was purposely framed to expose the Professors of our Common Laws to a Derision of the People and render them guilty of an Ignorance of good Letters and Learning which all of them witness our great Selden and some other of his Coaevals could not justly be charged with and suffered it to be Acted before him at Cambridge with great Applause and to be afterwards Printed and Published without any murmur or jealousie of the English Nation that he endeavoured to introduce an Arbitrary Power who manifested no unwillingness to give him Subsidies and Aids in Foreign as well as Domestick Affairs when he had occasion to require them All which the Cares and doings of our Ancestors for the Publick and Common good joined with their Duty and Allegiance to their Soveraign Kings and Princes may afford us convincing Reasons and Arguments out of concluding Premisses that the Weal and Woe of Kings and their People are like those of Hippocrates's Twins partaking each with other and that the Fear of God Honour of the King Self-Preservation and Oaths and Duty of Allegiance will be more than enough to enjoyn every good Christian and Subject where the welfare of the King and Publick are concerned to be as willing to help the King as he would himself And it cannot be deemed to be either unadvisedly or ill done by our English Fore-fathers or Predecessors in the House of Commons in Parliament in the Seventh year of the Reign of King Richard the Second when being required of the King to give their Advice concerning a Peace to be made with the King of France And the Chancellor then said That the King of himself could well do it yet for good will he would not without their Knowledge or Consent And it could not be Concluded without a Personal Interview of the King of France which for his Honour required great Charges whereof he Charged them of their Allegiance to consult and give him Answer unto which they answering That it becomed not them to Intermeddle their Council therein And therefore referred the whole Order thereof unto the King and his Council And being urged again to answer whether they desired Peace or War for one of them they must choose They answered Peace But when they understood that the King of France desired that the King should hold Guyen of him by Homage and Service they knew not what to say only they hoped that the King meant not to hold of the French Calice and other Territories gotten of them by the Sword whereunto when the King replied That otherwise Peace could not be granted and therefore willed them to Choose They in the end rather desired Peace But Peace not ensuing or being to be had and the King by his Chancellor the next year after in Parliament informing them how that the King was Invironed with the French Spanish Flemmings and the Scots who were Confederate and had made great Preparations to destroy him and his People which was like to ensue unless some means were used to resist it That the King Intended to hazard his own Person to whatsoever Peril which might justly encourage all Estates willingly to offer themselves and what they had to such defence And declared unto them the falshood and treachery of the French in their Treaty of Peace at Calice when they finding the English inclined to it had departed from their Offers The Lords and Commons when they found the Honour of the King and Safety of the Nation so deeply Ingaged granted unto the King two Fifteenths Conditionally that a Moiety of the Fifteenth granted in the last Parliament be part of it and so as if the King go not in Person or that Peace be made the last Fifteenth might Cease Can the sullen rude and ungodly Dutch the most of whose Religion is Trade and all that can be gained by it to maintain their Incroachments
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