Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	edward_n	king_n	prisoner_n	3,115	5	8.4781	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

your pleasure I matter not your Fetters Rec. Till now I never understord the reason of the policy and prudence of the Spaniards in suffering the Inquisition among them And certainly it will never be well with us till something like unto the Spanish-Inquisition be in England Obser The Jury being required to go together to find another Verdict and steadfastly refusing it saying they could give no other Verdict then what was already given the Recorder in great passion was running off the Bench with these words in his mouth I protest I will sit here no longer to hear these things at which the Mayor calling Stay stay he returned and directed himself unto the Jury and spoke as followeth Rec. Gentlemen we shall not be at this Trade alwayes with you you will find the next Sessions of Parliament there will be a Law made that those that will not conform shall not have the protection of the Law Mr. Lee draw up another Verdict that they may bring it in special Lee I cannot tell how to do it Jur. We ought not to be returned having all agreed and set our hands to the Verdict Rec. Your Verdict is nothing you play upon the Court I say you shall go together and bring in another Verdict or you shall starve and I will have you charted about the City as in Edward the thirds time Fore-m. We have given in our verdict and all agreed to it and if we give in another it will be a force upon us to save our lives May. Take them up Offic. My Lord they will not go up Obser The Mayor spoke to the Sheriff and he came off of his seat and said Sher. Come Gentlemen you must go up you see I am commanded to make you go Obser Upon which the Jury went up and several sworn to keep them without any accomodation as aforesaid till they brought in their verdict Cry O yes c. The Court adjourns till to morrow morning at seven of the clock Obser The Prisoners were remanded to New-Gate where they remained till next morning and then were brought unto the Court which being sate they proceeded as followeth Cry O yes c. Silence in the Court upon pain of imprisonment Cla. Set William Pen and William Mead to the Bar. Gentle-of the Jury answer to your Names Tho. Veer Edw. Bushel John Hammond Henry Henly Henry Michell John Brightman Clarles Milson Gregory Walklet John Baily William Leaver James Damask William Plumstead Are you all agreed of your Verdict Jur. Yes Cla. Who shall speak for you Jur. Our Foreman Cla. Look upon the Prisoners What say you is William Penn guilty of the matter whereof he stands indicted in manner and form c. or not guilty Fore-man Here is our verdict in writing and our hands subscribed Obser The Clark took the Paper but was stopt by the Recorder from reading of it and he commanded to ask for a posstive verdict Fore-man That is our verdict we have subscribed to it Cla. How say you is William Penn guilty c. or not guilty Fore-man Not guilty Cla. How say you is William Mead guilty c. or not guilty Fore-man Not guilty Cla. Then hearken to your verdict you say that William Penn is not guilty in manner and form as he stands indicted you say that William Mead is not guilty in manner and form as he stands indicted and so you say all Jur. Yes we do so Obser The Bench being unsatisfied with the verdict commanded that every person should distinctly answer to their names and give in their verdict which they unanimously did in saying Not guilty to the great satifaction of the Assembly Rec. I am sorry Gentlemen you have follollowed your own judgments and Opinions rather then the good and wholsom advice which was given you God keep my life out of your hands but for this the Court fines you forty Mark a man and imprisonment till paid At which Penn stept up towards the Bench and said Pen. I demand my liberty being freed by the Jury May. No you are in for your Fines Pen. Fines for what May. For contempt of the Court. Pen. I ask if it be according to the fundamental Laws of England that any English-man should be fined or amerced but by the judgment of his Peers or Jury since it expresly contradicts the fourteenth and twenty ninth Chap. of the great Charter of England which say No Free-man ought to be amerced but by the Oath of good and Lawful men of the Vicinage Rec. Take him away Take him away take him out of the Court. Pen. I can never urge the fundamental Laws of England but you cry Take him away take him away But it is no wonder Since the Spanish Inquisition hath so great a place in the Recorders heart God Almighty who is just will judge you all for these things Obser They haled the Prisoners into the Bale-dock and from thence sent them to New-Gate for non payment of their Fines and so were their Jury An Appendix by way of Defence for the Prisoners as what might have been offered against the Indictment and illegal ' Proceedings of the Court thereon had they not violently over-rul'd and stopp'd them UPon a sober disquisition into the several parts of the Indictment we find it so wretchedly defective as if it were nothing else but a meer composition of error rather calculated to the malitious designs of the Judges then to the least verity of Fact committed by the Prisoners To prove this what we say will be a main help to discover the Arbitrary proceedings of the Bench in their frequent Menaces to the Jury as if it were not so much their Business to try as to condemn the Prisoners and that not so much for any fact they had committed as what the Court would have suggested to the Jury to have been their Fact § 1. It is the constant Common-Law of England that no man should be Taken Imprisoned Amerced Deseized of his Free-hold of his Liberties or free Customs but by the judgement of his Peers which are vulgerly called a Jury from Jurare because they are sworn to do right § 2. The only assistance that is given the Jury in order to a Verdict is First The Evidence given of the Fact committed by the person indicted Secondly The knowledge of that Law Act or Statute the Indictment is grounded upon and which the Prisoners are said to have transgressed § 3. We shall neglect to mention here how much they were deprived of that just advantage the ancient equal Laws of England do allow designing it for a conclusion of the whole and shall only speak here to matter of Fact and Law § 4. The Evidence you have read in the Tryal the utmost import of which is no more then this That William Penn was speaking in Gracious-Street to an Assembly of people but knew not what he said which is so great a contradiction as he that runs may read it for no man can say