Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	aforesaid_a	king_n	late_a	2,694	5	8.4023	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A54186	The peoples ancient and just liberties asserted in the tryal of William Penn, and William Mead, at the sessions held at the Old-Baily in London, the first, third, fourth and fifth of Sept. 70. against the most arbitrary procedure of that court.	Penn, William, 1644-1718.; Mead, William, 1628-1713, defendant.	1670 (1670)	Wing P1334B; ESTC R222457	38,197	64

assessed but by the Oath of good and honest men of the Vicinage No Free-man shall be taken or imprisoned nor be disseized of his Free-hold or Liberties or free Customs or be Out-lawed or Exiled or any other wayes destroyed nor we shall not pass upon him nor condemn him but by lawfull judgement of his Peers or by the Law of the Land we shall sell to no man we shall deny nor defer to no man either Justice or Right And to all these Customs Liberties aforesaid which we have granted to be holden within this our Realm as much as appertaineth to us and our Heirs we shall observe and all men of this our Realm as well Spiritual as Temporal as much as in them is shall observe the same against all persons in likewise And for this our Gift and Grant of these Liberties and for other contained in our Charter of Liberties of our Forrest the Arch-Bishops Bishops Abots Priors Earls Barons Knights Free-holders and other our Subjects have given unto us the fifteenth pars of all their moveables And we have granted unto them on the other part that neither we nor our Heirs shall procure or do any thing whereby the Liberties in this Charter contained shall be infringed or broken and if any thing be procured by any person contrary to the Premises shall be had of no force nor effect These being Witnesses Boniface Arch-Bishop of Canterbury c. We ratifying and approving those Gifts and Grants aforesaid confirm and make strong all the same for us and our Heirs perpetually and by the Tenor of these Presents do renew the same willingly and granting for us and our Heirs that this Charter in all and singular his Articles for evermore shall be stedfastly firmly and inviolably observed And if any Article in the same Charter contained yet hither to peradventure hath not been observed nor kept we will and by our Authority-Royal command from henceforth firmly they be observed Witness c. The Sentence of Curse given by the Bishops with the Kings consent against the Breakers of the great Charter IN the year of our Lord 1253. the third day of May in the great Hall of the King at Westminster in the presence and by the consent of the Lord Henry by the Grace of God King of England and the Lord Richard Earl of Cornwall his Brother Roger Bigot Earl of Norfolk Marshal of England Humphr● Earl of Hereford Henry Earl of Oxford John Earl Warren and other Estates of the Realm of England We Boniface by the mercy of God Arch-Bishop of Centerbury Primate of England F. of London H. of Ely S. of Worcester E. of Lincoln W. of Norwich P. of Hereford W. of Salesbury W. of Durham R. of Excester M. of Carlile W. of Bath E. of Rochester T. of St Davids Bishops apparelled in Pontificals with Tapers burning against the Breakers of the Churches Liberties and of the Liberties and other Customs of this Realm of England and namely these which are contained in the Charter of the common Liberties of England and Charter of the Forrest have denounced Sentence of Excommunication in this form by the Authority of Almighty God the Father the Son and the Holy Ghost c. of the bl●ssed apostl●s Peter and Paul and of all Apostles and of all Martyrs of bl●ssed Edw. King of England and of all the Saints of Heaven We Excommunicate and Accurse and from the benefits of our holy Mother the Church we sequester all those that hereafter willingly and maliciously deprive or spoil the Church of her Right and all those that by any craft or willingness do violate break diminish or change the Churches Liberties and free Customs contained in the Charters of the common Liberties and of the Forrest granted by our Lord the King to Arch-Bishops Bishops and other Prelates of England and likewise to the Earls Barons Knights and other Free-holders of the Realm and all that secretly and openly by deed word or counsel do make Statutes or observe them being made and that bring in Customs to keep them when they be brought in against the said Liberties or any of them and all those that shall presume to judge against them and all and every such person before mentioned that ●iningly shall commit any thing of the premises let them well know that they incur the aforesaid Sentence ipso facto A Confirmation of the Charters and Liberties of England and of the Forrest made the twenty fifth year of Edward the first EDward by the Grace of God King of England Lord of Ireland Duke of Guyan to all those that these present Letters shall hear or see greeting Know ye that we to the honour of God and to the profit of our Realm have granted for us and our Heirs and the Charter of Liberties and the Charter of Forrest which were made by common assent of all the Realm in the time of King Henry our Father shall be kept in every point without breach and we will that the same Charters shall be sent under our Seal as well to our Justices of the Forrest as to others and to all Sheriffs of Shires and to all our other Officers and to all our Cities throughout the Realm together with our Writs in the which it shall be contained that they cause the aforesaid Charters to be published and to declare to the People that we have confirmed them in all points and that our Justices Sheriffs Mayors and other Ministers which under us have the Laws of our Land to guide shall allow the same Charters pleaded before them in Judgment in all their points that is to wit the great Charter as the Common Law and the Charter of our Forrest for the Welch of our Realm And we will that if any judgment be given from henceforth contrary to the points of the Charter aforesaid by the Justices or by any other of our Ministers that hold Plea before them against the points of the Charters it shall be undone and holden for naught And we will that the same Charters shall be sent under our Seal to Cathedral Churches throughout our Realm there to remain and shall be read before the people two times by the year And that all Arch-bishops and Bishops shall pronounce the Sentence of Excommunication against all those that by word deed or counsel do contrary to the foresaid Charters or that in any point do break or undo them And that the said Curses be twice a year denounced and published by the Prelates aforesaid and if the same Prelates or any of them be remiss in the denunciation of the said Sentences the Arch-bishops of Canterbury and York for the time being shall compel and distrain them to the execution of their duties in form aforesaid The Sentence of the Clergy against the Breakers of the Articles above-mentioned IN the Name of the Father the Son and the Holy Ghost Amen Whereas our Soveraign Lord the King to the honour of God and of holy Church

which cannot be without a Jury therefore Per Judicium parum per Legem Terrae signifie the same priviledge unto the people Cook Inst 2. pag. 50. Thus have we presented you with some of those maxims of Law dearer to our Ancestors then life Because they are the defence of the Lives and Liberties of the People of England it is from this 29th Chap. of the great Charter Great not sor its Bulk but the Priviledges in it as from a spatious Root that so many fruitful Branches of the Law of England springs if Cook may be credited But how sacred soever they have been esteemed and still are by noble and just minds yet so degenerate are some in their proceedings that conscious to themselves of their baseness they will not dare stand the touch of this great Charter and those just Laws grounded upon it of which number we may truly rank the Mayor and Recorder of London with the rest of their wise Companions in their late Sestions at the Old Baily upon the occasion of the Prisoners First The Prisoners were taken and imprisoned without presentment of good and Lawful men of the Vicinage or the Neighbourhood but after a military and tumultuous manner contrary to the grand Charter 2d They refused to produce the Law upon which they proceeded leaving thereby the Prisoners Jury and whole Assembly in the dark 3d They refused the Prisoners to plead and directly withstood that great Priviledge mentioned in the first Chap. 25 Edw. 1. Where all Justices Mayors Sheriffs and other Ministers that have the Laws of the Land to guide them are required to allow the said Charter to be pleaded in all its points and in all causes that shall come before them in Judgment For no sooner did William Penn or his Fellow Prisoner urge upon them the great Charter and other good Laws but the Recorder cryed Take him away take him away put him into the Bale-dock or Hole From which the Recorder can never deliver himself unless it be by avowing the Laws are not his Guide and therefore does not suffer them to be pleaded before him in Judgment 4ly They gave the Jury their charge in the Prisoners absence endeavouring highly to insence the Jury against them 5ly The verdict being given which is in Law DICTUM VERITATIS The voice of Truth her self because not sutable to their humor They did five times reject it with many abusive imperious and menacing Expressions to the Jury such as no president can afford us as if they were not the only constituted Judges by the Fundamental Laws of the Land but meer Cyphers only to signifie something behind their Figures 6ly Though the Prisoners were cleared by their Jury yet were they continued for the non-payment of their Fines laid upon them for not pulling off their Hats in which the Law is notoriously broken 1st In that no man shall be amerced but according to the Offence and they have fined each forty Marks 2d They were not merced by any Jury but at the will of an incensed Bench. Besides there is no Law against the Hat and where there is no Law there can be no Transgression and consequently no legal Amercement or Fine 9 H. 3. Chap. 14. But how the Prisoners were trapanned into it is most ridiculous on the side of the contrivers that finding their Hats off would have them put on again by their Officers to fool the Prisoners with a trial of putting them off again which Childish conceit not being gratified they fined them the forty Marks a piece 7ly Instead of accepting their Verdict as good in Law and for the true decission of the matter according to the great Charter that constitutes them proper Judges and which bears them out with many other good Laws in what they agreed to as a Verdict the Court did most illegally and tyrannically fine and imprison them as in the Tryal was exprest And that notwithstanding the late just resentment of the House of Commons in Judge Keelings Case where they resolved that the president and practice of Fining and Imprisoning of Juries for their Verdicts were illegal And here we must needs observe two things 1st That the Fundamental Laws of England cannot be more slighted and contradicted in any thing next Englishmens being quite destroyed then in not suffering them to have that equal medium or just way of tryal that the same Law has provided which is by a Jury 2d That the late proceeding of the Court at the Old Baily is an evident Demonstration that Juries are now but meer Formality and that the partial charge of the Bench must be the Verdict of the Jury for if ever a Rape were attempted on the Consciences of any Jury it was there And indeed the ignorance of Jurors of their authority by Law is the only Reason of their unhappy cringing to the Court and being scared into an Anti-Conscience Verdict by their lawless threats But we have lived to an Age so deboist from all humanity and reason as well as Faith and Religion that some stick not to turn Butchers to their own Priviledges and Conspirators against their own liberties For however Magna Charta had once the reputation of a sacred unalterable Law and few hardned enough to incur and bear the long Curse that attends the Violaters of it yet it is frequently objected now that the benefits there designed are but temporary and therefore lyable to alteration as other Statutes are What Game such Persons play at may be lively read in the attempts of Dyonisius Palaris c. which would have Will and Power be the peoples Law But that the Priviledges due to English-men by the great Charter of England have their Foundation in Reason and Law and that those new Cassandrian wayes to introduce Will and Power deserve to be detested by all persons professing sence and honesty and the least Allegiance to our English Government we shall make appear from a sober consideration of the nature of those Priviledges contained in that Charter 1 The Ground of alteration of any Law in Government where there is no invasion should arise from the universal discommodity of its continuance but there can be no disprofit in the discontinuance of Liberty and Property therefore there can be no just ground of alteration 2 No one English-man is born Slave to another neither has the one a right to inherit the sweat and benefit of the others labour without consent therefore the Liberty and Property of an English man cannot reasonably be at the will and beck of another let his quality and rank be never so great 3 There can be nothing more unreasonable then that which is partial but to take away the LIBERTY and PROPERTY of any which are natural Rights without breaking the Law of nature and not of Will and Power is manifestly partial and therefore unreasonable 4 If it be just and reasonable for men to do as they would be done by then no sort of men should