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A44149 A brief collection of certain instances of Holy Scripture, and ancient laws of England concurring against persecution, oppression and injustice, recomended to the serious consideration of all sincere friends to the King and kingdom / by William Holgate. Holgate, William, fl. 1683-1686. 1686 (1686) Wing H2415; ESTC R858 11,163 18

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accusation nor fore-judged of Life or Limb nor his Lands or Tennements Goods or Chattels seised into the Kings hands against the form of the great Charter and the Law of the Land Stat. 28. Ed. 3.3 None shall be put from his Lands or Tennement Imprisoned Disinherited or put to Death without being brought to answer by due process of Law And Nicedemus said doth our Law judge any man before it hear him and know what he doth John 7.51 Acts 25.5 7 8 10 16. Festus told the Jews that it was contrary to the Roman Laws to condemn any man before he that was accused had the accusers face to face and had license to answer for himself concerning the Crime laid against him One Witness shall not rise up against a man for any Iniquity or for any Sin in any Sin that he sinneth At the mouth of two Witnesses or at the mouth of three Witnesses shall the matter be established Deut. 19.15 In the mouth of two or three Witnesses everword may be established Matt. 18.16 Stat. 4. Hen. 7.12 The King commandeth all Justices of Peace diligently to exercise their Office to the end that his people by that means living in peace and enjoying their own Husbandry may flourish he also chargeth all both Poor and Rich that shall suffer any grievance from others wherein a Justice of Peace may intermedle that they forth with make complaint thereof to the next Justice of Peace c. Open thy Mouth for the Dumb in the case of all such as are appointed to Destruction Open thy Mouth judge righteously and plead the Cause of the Poor and Needy Prov. 31.8 9. Blessed are the Peace makers for they shall be called the Children of God Matt. 5.9 Then Disturbers and false accusing Destroyers of their peaceable Neighbours shall not be so called Magna Charta chap. 14. 9 Hen. 3. A free man shall not be amerced for a small fault but according to the manner thereof and for a great offence according to the quantity thereof saving to him his conteniment and Marchant saving his Merchandize c. The elemency of English Natures hath resolved into an Axiom that Penal Laws are to be taken in Mitiori Sensu in the more mild and favourable Sence and that Amerciaments should have Misericordia mercy in them Horn Mirror of Just title Abuses of Common Law It is an abuse to judge a man to divers Punishments for one Trespass as to a Corporal Punishment and to a Ransom since Ransom is but a redemption from corporal punishment by a Fine It is the Kings interest to have his Subjects pacified force is an enemy to the Law Magna Charta chap. 14. Mirrour tit Disseirin Reddisseirin chap. 2. § 25. If one Distrain me so outragiously that I cannot Manure Plow or use my Land duly in which case it makes one an outragious Distrainer the reason given by Chief Justice Cook is for Trade and Traffick is the livelihood and the life of the Common-Wealth wherein the King and every Subject hath an Interest whence it follows that they who destroy Trade by their excessive distresses and spoil on the Subjects Goods and Merchandize c. do act against the Interest both of King and Kingdom Wo is pronounced by the Prophet against them that put far from them the evil day causes the date of violence to come near Amos 6.5 He that hath not oppressed any but hath restored to the Debtor his Pledge hath spoiled none by Violence hath given his Bread to the Hungry and hath covered the Naked with a Garment hath executed true Judgement betwixt man and man He is just he shall surely live saith the Lord Ezekiel 18.7 8 9. Do Violence to no man neither accuse any falsely and be content with your wages Luke 3.14 The Prophet having a sight and sence of Gospel times saith wasting violence and destroying shall not bear rule but be abhored of all that shall know the Lord Isa 11. The Lamb and the Wolf shall feed together and the Lyon shall eat straw like the Bullock and dust shall be the Serpents food they shall not hurt nor destroy in all my holy Mountain saith the Lord Isa 65.25 If ye fulfill the Royal Law according to the Scriptures thou shalt love thy Neighbour as thy self ye do well James 2.8 It is very apparent that the Fundamental Laws of England are consonant with the Royal Law of God written in the heart of man by his holy Spirit so let all who have the least spark of reason left in them Judge whether it is not high presumption against God and his unlimitted Prerogative Law written in the hearts of his people Jer. 31.33 to set up mans Law above it and force the execution thereof against it Oh that all that are in Authority would Read Meditate and seriously Consider the Testimony recorded Isaiah 59. that so they may never cause the cry of Oppression to be laid at their Doors I could give a large account out of Cook Shepherd Fortescue Watterhouse Keeble and others who have written in the praise of English Laws and of the great care the makers thereof had for the preservation of Husbandry and Trade and that such as were imployed there in might be preserved from Rapin Wrong or other Injuries or be vext or injuriously punished by Ill Loose Vicious Coveteous Poor and Beggerly Persons for the Law 's Wisdom is apparent in that it has excluded necessitous persons and such as have accustomed themselves to shift and shark from all Credit as Witnesses and also all such persons as may or doth expect any reward or profit by the recovery had by their Testimony I do not read of any Statute Law or Decree that is in force in England that appoints a punishment for any man or men that worships God in Spirit and in Truth neither doth any English Law I know of appoint a punishment for any that meets together upon a Religious accompt simply and barely but punisheth all such as makes Religion a Cloak for their evil Intentions who meeting obscurely something that is evil in it self either in words or actions at such Meetings being said or done For the Liturgy of the Church of England hath this precept That it is very meet right and our bounden duty that we should at all times and in all places give thanks unto thee O Lord Holy Father Almighty Everlasting God c. I will therefore that men pray every where lifting up holy hands without wrath and doubting 1 Tim. 2.8 Upon the first day of the week when the Disciples were come together to break Bread Paul Preached to them ready to depart on the morow and continued his speech until midnight And there were many lights in the upper Chamber where they were gathered together Acts 20.7 8. And Paul welt two whole years in his own hired house and received all that came in unto him Preaching the Kingdom of God and teaching those things which concerning the Lord
A BRIEF COLLECTION Of Certain Instances of Holy Scripture AND Ancient Laws of England Concurring against Persecution Oppression And Injustice Recomended to the serious Consideration of all Sincere Friends to the King and KINGDOM By William Holgate Printed in the Year 1686. CVrse not the King no not in thy Thoughts and Curse not the Rich in thy Bed-Chamber for a Bird of the air shall carry the voice and that which hath wings shall tell the matter Eccles 10.20 Thus saith the Lord God let it suffice you O Princes of Israel remove Violence and Spoil and execute Judgment and Justice take away your Exactions from my People saith the Lord God Ezek. 45.9 This is the City to be visited shee is wholly oppression in the midst of her Jer. 6.6 He that turneth away his Ear from hearing the Law even his Prayers shall be abomination Pro. 28.9 O that thy were wise that they understood this that they would remember their latter end Deut. 32.29 Run ye to and fro through the streets of Jerusalem and see now and know and seek in the broad places thereof if ye can find a Man if there be any that executeth Judgusent that seeketh the Truth and I will pardon it Jer. 5.1 Blessed are they which are persecuted for Righteousness sake for theirs is the Kingdom of Heaven Math. 5.10 Who is a wise man and endued with knowledge amongst you let him shew out of a good-conversation his works with meekness of wisdom James 3.13 If the Foundations be destroyed what can the Righteous do Psal 11.3 The Cretion Radamanthus Virgil ranks Amongst Infernal Judges for his pranks He first Condemned then Try'd and by his aw Subserviant to his will did make the Law Who makes his will his Rule and Power his Law Doth plainly shew Gods will he doth not know He that convicts upon an Information Not having heard the accus●d's Vindication Percliance may hit the mark yet is his way Very unjust as all good Laws do say A Brief Collection of Certain Instances of Holy Scripture and Ancient Laws of England concurring against Persecution Oppression and Injustice c. I will get me unto the great men and will speak unto them for they have known the Way of the Lord and the Judgment of their God Jer. 5.5 THat the great men of England have in some degree formerly known the way of the Lord witness some of the antient and fundamental Laws of England and the Maxims upon which they are grounded First that Book called Doctor and Student ch ● p. 4. declares That the main and principal Foundation of the Law of England is the Law of God and that Law is written in the heart of man which is man created in the Image of God and this Law is always righteous stirring up the man to do that which is Good and abhor that which is Evil and therefore saith the Book against this Law Prescription Statute Custom may not prevail and if any be brought against it they are void and against Justice c. And pag. 12. chap. 4. Every good Law is ordained for the health of the Soul and to the fulfilling of the Laws of God and to induce the people to fly evil desires and to do good works Also the Cardinal of Cambrey writes that every Law of Man must be consonant to the Law of God and therefore the Law of Princes the Commandments of Prelates the Statutes of Commonalities nor the Ordinance of the Church is not Righteous nor Obligatory except it be consonant to the Law of God And of such a Law of man that is consonant to the Law of God it appeareth who hath right to Lands and Goods and who hath not for whatsoever a man hath by such Laws of man he hath Righteously and whatsoever he hath against or contrary to such Laws is unrighteously and unlawfully had And the intent of a Law-Maker is to make the people Good and to bring them to Vertue and altho I have somewhat in general shewed thee whereupon the Law of England is grounded for of necessity it must be grounded of these Laws that is to say of the Law Eternal of the Law of Reason and of the Law of God c. But this shall be the Covenant that I will make with the house of Israel after those days saith the Lord I will put my Laws in their inward parts and write them in their hearts and I will be their God and they shall be my People Jer 31.33 With this agrees the Prophet of the Lord Micah 6.8 He hath shewed thee O man what is good and what doth the Lord require of thee but to do justly and to love mercy and to walk humbly with thy God Stat. 20. Ed. 3.1 The Kings Justices shall do right to all without respect of Persons notwithstanding the Kings Letters or Command to the contrary and if any such be they shall acquaint the King and his Council therewith they shall take no fee but of the King nor give Council where he is a party and if they do amiss they shall be at the Kings will in Body Goods and Lands O house of David thus saith the Lord Excecute Judgment in the Morning and deliver him that is spoiled out of the hand of the Oppressor least my fury go out like fire and burn that none can quench it because of the evil of your doings Jer. 21.12 Thus saith the Lord Execute ye Judgment and Righteousness and deliver the spoiled out of the hand of the Oppressor and do no wrong do no violence to the Stranger the Fatherless nor the Widow neither shed innocent blood Jer. 22.3 Then shall the King say unto them on his right hand Come ye blessed of my Father c. Matt. 25.34 and vers 40. Verily I say unto you in as much as ye have done it unto one of the least of these my Brethren ye have done it unto me Magna Charta 29.9 H. 3. No free man shall be taken imprisoned disseised out lawed exciled or other ways destroyed or condemned without Tryal by his Peers or the Law Justice or Right shall not be sold denied or deferred to any c. Thou shalt not wrest the judgment of thy poor in his Cause Keep thee far from a false matter and the Innocent and Righteous slay thou not for I will not justifie the Wicked Exod. 23.6 7. And I charged you Judges at that time saying Hear the Causes between your Brethren and judge righteously between every Man and his Brother and the Stranger that is with him Deut. 1.16 Ye shall not respect persons in judgement but ye shall hear the small as well as the great you shall not be afraid of the face of man for the judgment is Gods verse 17. And if ye call on the Father who without respect of persons judgeth every one according to his works pass the time of your sojourning here in fear 1 Peter 1.17 Stat. 5. Ed. 3.9 None shall be atteached upon any