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A76714 A mite of affection, manifested in 31. proposals, offered to all the sober and free-born people within this common-wealth; tending and tendred unto them for a settlement in this the day and hour of the vvorlds distraction and confusion. Billing, Edward, 1623-1686.; Burrough, Edward, 1634-1662, attributed name. 1659 (1659) Wing B2902; Thomason E1001_5; ESTC R204877 8,763 15

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Parish throughout the Common-wealth freely chose of the same Inhabitants to take receive and keep for the present and at the present making of any Bargain entring into Articles Contract or other dispositions whatsoever or any thing for the firm holding inviolably of all things relating to mine and thine made and to be made and forthwith that is to say within forty eight houres to have and see the same recorded in the County Hundred Ryding or Wapentack Court as aforesaid And that any Deed Contract Bargain Will Testament or other Deeds or Writings whatsoever that shall tend to the well being and firm holding keeping and defending of me in mine and thee in thine as a free-man of England being delivered before two lawful witnesses to the party or parties so appointed to be chosen by the Free-holders Tradesmen or other occupiers of Land within the said Parish shall be as binding to all intents and purposes whatsoever in the mean while till it be recorded in the several Courts as aforesaid as if it were recorded as is ordered to be done within 48. houres as is before expressed And that any party or parties whatsoever that shall buy lend sell conveigh pawn pledge Mortgage or otherwise dispose contract give bequeath or appoint to be given or disposed of or exchange House for House Land for Land or any otherwise contract or transact for any thing or things relating to this world and the well-being of Man-kind and durable beyond all peradventure and without contradiction continuing and possessing or disposing of the same If the parties on both sides shall desire it be delivered received and recorded as aforesaid that so every person or persons may be secured and defended in any and every outward thing except by his or their own and wilful neglect For the binding Lawes are for the lawlesse but the good mans word is as binding to him as the Law and those that shall take each others word in any of the matters relating to this world have free liberty so to do But a provision shall be made to preserve and secure every individual person within this Common-wealth from being by cunning and deceitful men ensnared oppressed defrauded cozened orcheated in any case whatsoever as aforesaid 10. Tenthly That every person within this Common-wealth have full and free liberty if he please to plead his own cause in any Court in any matter of difference whatsoever that shall or may happen to be between party or parties within the Dominions of this Common-wealth 11. Eleventh That in cases of any differences whatsoever arising between party and parties within this Common-wealth The first appeale and triall of the same be in the same Parish where the Trespasse is done and controversy happeneth to arise and that the manner of this first Triall be by a Jury of twelve honest men of the same Parish without respect of persons or esteem of any mans outward quality And that one of those persons who are elected by the Parishioners to receive and record writings in the Hundred and Wapentack Courts and as is said in the ninth Article be by a lot drawn as is hereafter expressed be enabled to give judgement in any difference arising in the said Parish Life and Limb and other personal Liberties excepted which are to be referred to the County Court only and if the persons so adjudged shall any or either of them dislike of the judgement given or verdict of the twelve men or two thirds of them without which judgement shall not be given I say if any dislike be then and in that case he she either or any of them shall have free liberty to appeal to the Wappentack Riding or Hundred Court where all the Justices within the said Hundred or Wappentack are to be four times in the year where and at which place and time the party or parties grieved may appeal the second time and there be re-heard and the matter or matters fully and absolutely determined by those Justices of the Peace Always provided that the verdict of the Jury and judgement of the first Judge thereupon be by the Plaintiffe or his appointment fairly written and to the Justices aforesaid presented and that after the whole matter shall be by all parties concerned fully related and by the Justices being altogether sufficiently debated each having heard anothers judgement herein and thereof Then lots be given by an unconcerned person to all the Justices aforesaid in one of which lots shall be written these words viz. thou at this time and in this case art to give finall judgement And if the Plaintiff or Plaintiffes any or either of them shall be found in the fault then the Judge to whom the lot is given shall award him or them to pay all the defendant or defendants charges and likewise give Judgement that the said Plaintiff or Plaintiffs whatsoever shall pay or be forced to pay a sufficient sum of mony to the first Judg or Jury-men or any part thereof whom he the Plaintiff or Plaintiffs accuseth of false verdict or Judgment that the same be equally inflicted upon the Judge or Jury-men of the Parish aforesaid or any or either of them who in the first place consented to the false judgement if it so be found and that the same be also debated by the same Justices at the same time and that that Justice who hath drawn the lot do give final Judgement herein also as aforesaid 12. Twelfth That all the Justices within the whole County meet twice in the year at the County Town and there to sit upon and try acquit dismember or put to death all who shall be guilty of and deserve the same and make an absolute Goal delivery The manner of which shall be to wit after witnesses Jury and the Prisoner being fully heard and by all the Justices orderly debated then lots be drawn or given to all the said Justices in three of which lots shall be written these words to wit You or any two or all three of you shall give finall Judgement concerning the Prisoner now before you and in your sight and remember ye judge not for man onely but for God the Father of Mercy Judgement and Justice 13. Thirteenth That all Fellons that is to say Murderers and the like be committed to the County Goale and no other unlesse upon necessity but however that no Trial be proceeded unto till such time he or they be translated carried or transported to the County Goale 14. Fourteenth That there be an equall uniting of the places commonly called Parishes Towns and Villages and that ten Parishes so equally united consisting of an hundred families or upwards make an hundred and that the People within each such hundred may every year elect and freely chuse one or two persons to be their Representative or Representatives in Parliament there to branch forth the Proposals now proposed and to make other good Laws and Statutes as need from time to time shall require but still let