by the commonalty of the same Shire three substantial men Knights or other lawful wise and well disposed persons to be Justices which shall be assigned by the Kings Letters Patents under the great Seal to hear and determine without any other writ but only their Commission such plaints as shall be made upon all those that commit or offend against any point contained in the aforesaid Charters 28 Edw. 1. chap. 1. 6ly The necessity of preserving these Charters hath appeared in nothing more than in the care they have taken to confirm them which as Cook observes hath been by thirty two Parliaments confirmed established and commanded to be put in execution with the condign punishment they had inflicted upon the Offenders Cooks Proem to the second Book of his Inst 7ly That in the notable Petition of Right many of these great Priviledges and free Customs contained in the aforesaid Charters and other good Laws are recited and confirmed 3 Car. 1. 8ly The late King in his Declaration at New-Market 1641. acknowledged the Law to be the Rule of his Power By which he doubtless intended Fundamental Laws since it may be the great advantage of Countries sometimes to suspend the execution of temporary Laws Having so manifestly evidenced that venerable esteem our Ancestors had of that Golden Rule the great Charter with their deep solicitude to preserve it from the defacing of usurpation and faction We shall proceed to give an account of their just resentment and earnest prosecution against some of those who in any Age have adventured to undermine that antient Foundation by introducing an arbitrary way of Government 1st As Juditious Lambard reports in his Saxon Translation That the Kings in those dayes were by their Coronation-Oaths obliged to keep the antient fundamental Laws and Customs of this Land of which this great Charter is but declaratory so did King Alfred reputed the most famous Compiler of Laws amongst them give this discovery of his Indignation against his own Judges for actions contrary to those fundamental Laws that he commanded the execution of forty of them which may be a seasonable Caveat to Judges of our times 2d Hubert de Burgo once chief Justice of England having advised Edw. 1. in the eleventh year of his reign in his Counsel holden at Oxford To cansel this great Charter and that of the Forrest was justly sentenced according to Law by his Peers in open Parliament When the Statute called CONFIRMATIONIS CARTARUM was made in the first Chapter whereof Magna Charta is peculiarly called the Common Law 25 Edw. 1. Chap. 2. 3d The Spencers both Father and Son for their arbitrary domination and rash and evil counsel to Edw. the 2d by which be was seduced to break the great Charter were banished for their pains as Cook relates 4ly The same fate attended Tresillian and Belknap for their illegal proceedings 5ly the Breach of this great Charter was the ground of that exemplary Justice done upon Empson and Dudley whose case is very memorable in this point For though they gratified Hen. 7. in what they did and had an Act of Parliament for their Warrant made the eleventh of his reign yet met they with their due reward from the hands of Justice that Act being against Equity and common Reason and so no justifiable ground or Apology for those frequent abuses and oppressions of the People they were found guilty of Here what the Lord Cook further saith concerning the matter There was an Act of Parliament made in the eleaventh year of King Hen. 7. which had a fair flatteriing Prâ—â—mble pretending to avoid divers mischiefs which were 〈◊〉 The high displeasure of Almighty God 2d The great let of the common Law And 3d The great Let of the Wealth of this Land And the purvien of that Act tended in the execution contrary EX DIAMETRO viz. To the high Dispeasure of Almighty God and the great Let nay the utter subversion of the common Law and the great Let of the Wealth of this Land as hereafter shall appear the substance of which Act follows in these words THat from thenceforth as well Justices of Assize as Justices of the Peace in every County upon information for the King before them made without any Finding or Presentment by Twelve men shall have full Power and Authority by their discretion and to hear and determine all Offences as Riots unlawfull Assemblies c. committed and done against any Act or Statute made and not repeal'd c. a Case that very much resembles this of our own times By pretext of this Law Empson and Dudley did commit upon the Subjects unsufferable Pressure and Oppressions and therefore this Statute was justly soon after the decease of Hen. 7. repealed at the next Parliament after his decease by the Statute of the 1 H. 8. chap. 6. A good Caveat to Parliaments to leave all causes to be measured by the Golden and Straight Metwand of the Law and not to the incertain and crooked Cord of discretion It is almost incredible to foresee when any Maxime or Fundamental Law of this Realm is altered as else-where hath been observed what dangerous inconveniences do follow which most expresly appeareth by this most unjust and strange Act of the eleventh of H. 7. For hereby not only Empson and Dudley themselves but such Justices of Peace corrupt men as they caused to be authorized committed most grievous and heavy Oppressions and Exactions grinding the faces of the poor Subjects by penal Laws be they never so obsolete or unfit for the time by information only without any presentment or tryal by Jury being the antient Birth-right of the Subject but to hear and determine the same by their discretions inflicting such penalty as the Statute not repealed imposed These and other like Oppressions and Exactions by or by the means of Empson and Dudley and their Instruments brought infinite treasure to the Kings Cofers whereof the King himself at the end with great grief and compunction repented as in another place we have observed This Statute of the 11th of H. 7. we have recited and shewed the just inconveniences thereof to the end that the like should never hereafter be attempted in any Court of Parliament and that others might avoid the fearful end of those two Time-servers Empson and Dudley Qui eorum urstiquijs insistunt eorum exitus per horrescant See the Statute of 8. Edw. 4. chap 2. a Statute of Liveries an Information c. By the discretion of the Judges to stand as an Original c. This Act is desertedly repealed vide 12 R. 2. chapter 13. punishment by discretion c. vide 5th of H. 4. Chap. 6 8. See the Commission of Sewers discretion ought to be thus discribed Discretio est descernere per Legem quid sit justum From whence three things seem most remarkable First The great equity and justice of the great Charter with the high value our Ancestors have most deservedly set upon it
another man Preaches and yet understand not what he saith he may conjecture it but that is a lame evidence in Law it might as well have been sworn That he was speaking of Law Physick Trade or any other matter of civil concernment Besides there is no Law against Preaching what is Truth whether it be in the Street or in any other place nor is it possible that any man can truly swear That he Preacht Sedition Heresie c. unless he so heard him that he could tell what he said § 5. The Evidence further saith That W. Mead was there but til being in Gracious-Street be a fault and hearing a man speak the Witness knows not what be contrary to Law the whole Evidence is useless and impertinent but what they want of that they endeavour to supply with Indictment whose parts we proceed to consider Exceptions against the Indictment § 6. It saith That the Prisoners were met upon the 15th day of August 1670 whereas their own Evidence affirms it to be upon the 14th day of August 70. § 7. That they met with force and Arms which is so great a Lye that the Court had no better cover for it then to tell the Jury it was only a piece of Form urging that the man tried for clipping of money this present Sessions had the same words used in his Indictment But that this Answer is too scanty as well as it was too weak to prevail with the Jury we desire it may be considered that the same words may be used more of course and out of form at one time then at another And though we grant they can have little force with any Jury in a Clippers case for meer Clipping yet they are words that give so just a ground of jealousie nay that carry so clear an Evidence of illegallity where they are truly proved and affirmed of any Meeting as that they are the proper Roots from whence do spring those Branches which render an Indictment terrible and an Assembly truly the terror of the people § 8. Unlawfully and tumultuously to disturb the Peace which is as true as what is said before that is as false this will evidently appear to all that consider how lawfull it is to assemble with no other design then to worship God and their calling a lawful Assembly an unlawfull one no more makes it so then to say Light is darkness black is white concludes so impudent a falsity true In short because to worship God can never be a crime no Meeting or Assembly designing to worship God can be unlawfull Such as go about to prove an unlawfull Assembly must prove the Assemblers intent not to Worship God but that no man can do because no man can know another mans intentions and therefore its impossible that any should prove such an Assembly unlawful That is properly an unlawful Assembly according to the definition of the Law when several persons are met together with design to use violence and to do mischief but that Dissenters meet with no such intention is manifest to the whole World therefore their Assemblies are not unlawful he that hath only right to be worshipped which is God hath only right to institute how he will be worshipped and such as worship him in that Way they apprehend him to have instituted are so far from being unlawful Assemblers that therein they do but express the duty they owe to God Tumultuously Imports as much as Disorderly or an Assembly full of Noise Bussle and Confusion using force and violence to the injury of Persons Houses or Grounds But whether Religious Dissenters in their peaceable Meetings therein desiring and seeking nothing more then to express that duty they owe to God Almighty be a Tumultuous action or meetting in the sence exprest and which is the very definition of the Law will be the question Certainly such as call these Meetings tumultuous as to break the peace offer the greatest violence to common words that can be well imagined for they may as rightly say such persons meet adulterously thievishly c. as to affirm they meet tumultuously because they are as truly applicable in short such particulars as are required to prove them such Meetings in Law are wholly wanting § 9. To the disturbance of the peace If the disturbance of the peace be but matter of form with the rest as is usually pleaded leave out this matter of form and then see what great matter will be left Certainly such Assemblies as are not to the breach and disturbance of the peace are far from being unlawful or tumultuary but if the peace be broken by them how comes it the evidence was so short We cannot believe it was in favour of the Prisoners This may shew to all the reasonable World how forward some are to brand innocency with hateful Names to bring a suspition where there was none deserved § 10. That the said Penn and Mead met by agreement before hand made But if persons that never saw each other nor converse together neither had correspondence by any other hand cannot be said to be agreed to any action before it be done then the Prisoners were far from an Agreement for they had never Seen Converst nor Corresponded directly nor indirectly before the Officers came to disturb the Assembly We well know how far they would have stretcht the word Agreement or Conspiracy but God who brings to nought the Counsels of the wicked prevented their cruel designs § 11. That William Mead did abet the said William Penn in preaching No man can be said to abet another whilst they are both unknown to each other especially in this case where abetting follows agreeing and agreeing supposes fore-knowledge Nay the word abet in Law signifies to command procure or counsel a person which W. Mead could not be said to do in reference to W. Pen they being so great Strangers one to another and at so great a distance for the Evidence proves that he was with Lievtenant Cook and Lievtenant Cook swears he could not make his way to W. Penn for the Croud § 12 That W. Penn ' s Preaching and speaking caused a great co 〈…〉 and tumult of People to remain and continue a long time in the 〈…〉 But this is so improbable to believe that the very nature of a tumult admits of no such thing as preaching but implies a disorderly multitude where all may be said to speak rather then any to hear § 1. In contempt of the King and his Laws They are so sar from contemning the King and his Laws that they are obleiged and constrained by their own principles to obey every Ordinance of man for the Lords sake but not against the Lord for mans sake which is the question in hand Besides their continuance there was not in contempt but by the permission of the chief Officer present that came there by the Kings authority nor is it for the honour of the King that such persons should be said to
act in contempt of his Laws as only meet to honour God and his Laws § 2. And to the great disturbance of the Kings peace It is far from disturbing and breaking the Kings peace for men peaceably to meet to worship God for it is then properly broken and invaded when force and violence are used to the hurt and prejudice of Persons and Estates or when any thing is done that tends to the stirring up of Sedition and begetting in people a dislike of the civil Government But that such things are not practised by us in our Assemblies either to offer violence to mens Persons and Estates or to stir up People to Sedition or dislike to the civil Government is obvious to all that visit our Assemblies § 3. To the great terror and disturbance of the Kings leige people and Subjects and to the evil example of all others in the like case offending against the Kings peace his Crown and Dignity Were these black Criminations as true as they are wretchedly false we should give as just an occasion to loose our Liberties as our cruel Adversaries are ready to take any to deprive us unjustly of them O! How notorious is it to all sober people that our manner of life is far from terrifying any and how absurd to think that naked men in the generality of their conversation known to be harmless and quiet should prove a terror or disturbance to the people certainly if any such thing should be in the time of our Meetings it is brought with the cruelty and barbarous actions of your own Souldiers they never learned by our example to beat hale before Magistrates fine and imprison for matters relating to Gods Worship neither can they say we are their presidents for all those Adulterous Prodigal Lascivious Drunken Swearing and Prophane acts they dayly commit and esteem rather occasion of brag and boast then forrow and repentance No they need not go so far they have too many God Almighty knows of their own Superiors for their example § 4. But we can never pass over with silence nor enough observe the detestible juggle of such Indictments which we require all English and Conscientious men to mind as they value themselves in the like occasions How little a grain of fact was proved yet how spatious an Indictment was made had it related to the evidence the bulk had been excusable but when it only swelled with malicious scaring Phrases to suggest to the people that they were the meerest Villains the most dangerous Persons and designing mutually the subversion of the Laws and breach of the peace to the terrifying of the People c. Who can choose but tell them of their Romance-Indictment that is so forged as it truly merits another against it self This they childishly call Form but had an Italian or other Stranger been in Court he would have judged it matter of fact as thinking it unworthy of a Kings Court to accuse men in terms not legally truly or probably due to the fact they really had committed as well as that no Court would practise it but that which loved to deprive men of their Liberties and Lives rather then to save them Nolens Volens § 5. Had their cruelty and juggle ended here it self they would have spared us the pains of any further observation But that which we have to add on the Prisoners behalf renders their actions so abominable in the sight of Justice that all honest and ingenious hearts must needs abhor their base snares They tell the Jury That being but Judges of fact only they were to bring the Prisoners in guilty that is of the fact at their peril and it was the part of the Bench to judge what was Law So that if the Jury had brought them in Guilty without any further additional explanation though intentionally they meant only of the fact proved by evidence yet the Bench would have extended it to every part of the Indictment and by this impious delusion to have perjured a well meaning Jury and have had their barbarous ends upon the innnocent Prisoners But the Jury better understanding themselves brought in Will. Penn guilty of the fact proved namely That he was speaking to some people met in Gratious-Church-Street but not of an unlawful Assembly so circumst antiated the mention of which stabbed their design of moulding the general answer of guilty to their own ends to the heart nor indeed could they do otherwise for as well the Jury as Prisoners were denyed to have any Law produced by which they might measure the Truth of the Indictment and guilt of the fact But because the Recorder would or could not perhaps t is so long since he read Law that he may have forgotten it we shall perform his part in shewing what is that common Law of the Land which in general he said they were Indicted for the breach of and which indeed if rightly understood is the undoubted Birth-right of every English-man yea the Inheritance of Inheritances Major Haeridit as venit unicuique nostrum a Jure et Legibus quam a Parentibus Cook Instit 2. 56. § 6. All the various kinds or models of Government that are in the World stand either upon Will and Power or Condition and Contract the first rule by men the second by Laws It is our happiness to be born under such a constitution as is most abhorrent in it self of all arbitrary Government and which is and ever has been most choice and careful of her Laws by which all Right is preserved § 7. All Laws are either Fundamental and so immutable or Superficial and so alterable By the first we understand such Laws as injoyn men to be just honest vertuous to do no wrong to kill rob deceive prejudice none but to do as one would be done unto to cherish good and to terifie wicked men in short universal Reason which are not subject to any revolutions because no emergency time or occasion can ever justifie a suspention of their execution much less their utter Abrogation § 8. By Superficial Laws we understand such Acts Laws or Statutes as are suited to present occurrances and which may as well be abrogated for the good of the Kingdom as they were first made for it For instance those Statutes that relate to Victuals Cloaths and Places of Trade c. which have ever stood whilst the reason of them was in force but when that benefit which once redounded sell by cross occurrances they ended according to that old maxime Cessante ratione Legis cessat Lex but this cannot be said of Fundamental Laws Till Houses stand without their Foundations and English man-kind wholly cease to be which brings close upon the point § 9. There is not any Country that has more constantly exprest her care and deep solicitude to the preservation of her fundamental Laws then the English Nation and though the evil of some particular times and persons have endeavoured an utter Abolition of those
excellent Fundamentals which we have before defined and defended from any just reason of revolution yet God Almighty who is always concerned to avenge the cause of Justice and those excellent good Laws by which it is upheld has by his providence befool'd their contrivances basfled their attempts by bringing their designs to naught and their persons frequently to condign punishment and disgrace their Age no Antiquary living can assure us unless they say As old as Reason it self but our own Authors are not lacking to inform us that the Liberties Properties and Priviledges of the English Nation are very ancient § 10. For Hern in his Mirror of Justice writ in Edward the first 's time Fol. 1. tells us That after God had abated the Nobility of the Britans he did deliver the Realm to men more humble and simple of the Countries adjoyning to wit the Saxons which came from the parts of Almaign to conquer this Land of which men there were forty Soveraigns which did rule as Companions and those Princes did call this Realm England which before was named the greater Britan These after great wars tribulations and pains by long time suffered did chuse a King to raign over them to govern the people of God and to maintain and defend their persons and their good in quiet by the Rules of Right and at the beginning they did cause him to sware to maintain the holy Christian Faith and to guide his people by Right with all his power without respect of persons and to observe the Laws And after when the Kingdom was turned into an Heritage King Alfred that governed this Kingdom about an hundred seventy one years before the Conquest did cause the great men of the Kingdom to assemble at London and there did ordain for a perpetual usage That twice in the year or oftner if need should be in time of Peace they should assemble at London in Parliament for the Government of Gods People that men might live in quiet and receive right by certain usages and holy Judgments In which Parliament saith our Author the Rights and Prerogatives of the Kings and of the Subjects are distinguished and set apart and particularly by him expressed too tedious here to insert amongst which Ordiances we find That no man should be imprisoned but for a capital Offence And if a man should detain another in Prison by colour of right where there was none till the party imprisoned died he that kept him in Prison should be held guilty of murder as you may read pag. 33. And pag. 36. He is declared guilty of Homicide by whom a man shall die in prison whether it be the Judges that shall too long delay to do a man right or by cruelty of Goalers or suffering him to die of Famine or when a man is adjudged to do pennance and shall be surcharged by his Goaler with Irons or other pain whereof he is deprived of his life And p. 149. That by the antient Law of England it was Fellony to detain a man in prison after sufficient Bale offered where the party was plevisable every person was plevisable but he that was appealed of Treason Murder Robbery or Burglary pag. 35. None ought to be put in common Prisons but only such as were ATTAINTED or principally APPEALED or INDICTED of some capital Offence or ATTAINTED of false or wrongfull Imprisonment so tender have the ancient Laws and Constitutions of this Realm been of the Liberty of their Subjects persons that no man ought to be Imprisoned but for a Capital Offence as Treason Murder Robbery or Burglary § 11. Nor is Lambard short in his excellent translation of the Saxon Laws from King Ina's time 712. to Hen. 3. 1100. In describing to us the great Obligation and strong Condition the people were wont to put upon their Kings To observe the ancient fundamental Laws and free Customs of this Land which were handed down from one Age to another And in the 17th Chap. of Edw. the Confessors Laws the mention there made of a Kings duty is very remarkable That if he break his Oath or performed not his Obligation Nec nomen Regis in eo constabit The same Lambard further tells us that however any may affirm William of Normandy to be a Conquerer He was received by the people as Edwards Successor and by solemn Oath taken to maintain unto them the same Laws that his Kinsman Edward the Confessor did this doctrine remained in the general unquestioned to the reign of King John who imperiously thought that Voluntas Regis and not salvus Populi was suprema Lex or the Kings will was the supream Law and not the Peoples preservation till the incensed Barons of that time betook themselves to a vigorous defence of their antient Rights and Liberties and learnt him to keep those Laws by a due restraint and timely compulsion which his former invasion of them evidenced to the World he would never have done willingly § 12. The Proposals and Articles of agreement with the Pledges given to the Barons on the behalf of the People by the King were confirm'd in Hen. the 3ds time his Son and Successor When the abused slighted and disregarded Laws by his Father were thought fit to be reduced to record that the people of England might not forever after be to seek for a written recorded Law to their defence and security for Misera servitus est ubi jus est vagum aut incognitum and so we enter upon that grand Carter of Liberty and Priviledge in the Cause Reason and End of it § 1. We shall first rehearse it so far as we are concerned with the formalities of Grant and Curse and shall then say something as to the Cause Reason and End of it A Rehersal of the Material Parts of the Great Charter of England HEnry by the Grace of God King of England c. To all Arch-Bishops or Earls Barons Sheriffs Provosts Officers and to all Bailiffs and our faithfull Subjects who shall see this present Charter greeting Know ye that we unto the honour of Almighty God and for the Salvation of the Souls of our Progenitors and our Successors Kings of England to the advancement of holy Church and amendment of our Realm of our meer and free will have given and granted to all Arch-Bishops c. and to all Free-men of this our Realm these Liberties under-written to be holden and kept in this our Realm of England for evermore We have granted and given to all Free-men of our Realm for us and our Heirs for evermore these Liberties under-written to have and to hold to them and to their Heirs of us and our Heirs fore-nam'd A Free-man shall not be Amerced for a smal fault but after the quantity of the fault And for a great fault after the manner thereof saving to him his Contenements or Free-hold And a Merchant likewise shall be amerced saving to him his Merchandize and none of the said Amercements shall be
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 Humphrâ— 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 blâ—ssed apostlâ—s Peter and Paul and of all Apostles and of all Martyrs of blâ—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 â—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
and for the common profit of the Realm hath granted for him and his Heirs for ever these Articles above written Robert Arch-Bishop of Canterbury Primate of all England admonished all his Province once twice and thrice because that shortness will not suffer so much delay as to give knowledge to all the People of England of these presents in writing We therefore enjoyn all Persons of what estate soever they be that they and every of them as much as in them is shall uphold and maintain these Articles granted by our Soveraign Lord the King in all points And all those that in any point do resist or break or in any manner hereafter Procure Counsel or in any wise Assent to Testifie or Break those Ordinances or go about it by word or deed openly or privily by any manner of pretence or colour we the aforesaid Arch Bishop by our Authority in this Writing expressed do Excommunicate and Accurse and from the Body of our Lord Jesus Christ and from all the Company of Heaven and from all the Sacraments of Holy Church do sequester and exclude We may here see that in the obscurest Times of sottish Popery they were not left without a sence of Justice and the necessity of Liberty and Property to be inviolably enjoy'd which brings us to the cause of it 1st The cause of this famous Charter was as we have already said the Incroachments that were made by several Ministers of precedent Kings that almost became Customary and which had neer extinguisht the free Customs due to Englishmen How great care it cost our Ancestors it unbecomes us to ignore or by our silence to neglect It was that Yoak and Muzzle which failed not to dis-able many rageing Bears from entring the pleasant Vineyard of English-Freedoms that otherwise would not have left a fruitful Vine in being Anon we may give the Reader an account of some with their Wages as well as Works 2d The Reason of it is so great that it seems to be its own It is the very Image and Expression of Justice Liberty and Property Points of such eminent importance as without which no Goverment can be said to be reasonable but arbitrary and tyrannical It allows every man that liberty God and nature have given him and the secure possession of his property from the In-road or Invasion of his Neighbour or any else of that constitution It justifies no man in a fault only it provides equal and just ways to have the Offender tryed considering the malice of many Prosecutors and the great value of Liberty and Life 3d The End of it was the most noble of any earthly projection to wit The refixing of those shaken Laws held for many hundred years by constant claim that they living might be re-enstated in their primitive liberty and their posterity secured in the possession of so great a happiness Amongst those many rich Advantages that accrew to the free People of England from this great Charter and those many confirmatory Statutes of the same we shall present the Reader with the sight of some few that may most properly fall under the consideration and inquiry of these present times as found in our Common Law Books 1st That every English-man is born free 2d That no such Free-man shall be taken attached assessed or imprisoned by any Petition or Suggestion to the King or his Counsel unless by the indictment or presentment of good and lawful men where such deeds be done 5 Edw. 3. Chap. 9. 25 Edw. 3. Chap. 4. 17 R. 2. Chap. 6 Rot. Parl. 42 Edw. 3. Cook 2 Inst 46. 3d That no Free-man shall be diseized of his Free-hold or Liberties or free Customs c. Hereby is intended saith Cook That Lands Tenements Goods and Chattels shall not be seised into the Kings hands contrary to this great Charter c. 43. Ass pag. 12. 43 Edw. 3. Cook 2 Inst 32. Neither shall any such Free-man be put from his Livelyhood without answer Cook 2. Inst 47. 4ly That no Free-man shall be out-lawed unless he shroud and hide himself voluntarily from the Justice of the Law 2 3 Phil. Mar. Dier 114. 145. 5ly No Free-man shall be exiled Cook says there are but two Grounds upon which any man may be exiled One by Act of Parliament supposing it not contrary to the great Charter The other in case of abjuration for Fellony by the Common Law c. Cook 2. Inst 47. 6ly No Free-man shall be destroyed that is he shall not be fore-judged of Life Limb Dis-herited or put to Torture or Death every oppression against Law by colour of any usurped Authority is a kind of Destruction and t is the worst Oppression that is done by colour of Justice Cook Institu 2. 48. 7th That no Free-man shall be thus taken or imprisoned diseized out-lawed exiled or destroyed of his Liberties Free-holds and free Customs but BY THE LAWFUL JUDGMENT OF HIS PEERS vulgarly called Jury So that the Judgment of any fact or person is by this fundamental Law referred to the Brests and Consciences of the Jury It s rendred in Latine PER LEGALE JUDICIUM that is Lawful Judgment from whence it is to be observed that the Judgment must have Law in it and be according to Law which cannot be where they are not Judges how far the fact is legal or the contrary Judicium quasi Juris Dictum The Voice of Law and Right And therefore is their Verdict not to be rejected because it is supposed to be the Truth according to their Consciences For Ver dictis from vere dictum is quasi dictum veritatis or a true saying or judgment 9 Hen. 3. 29. Cook Inst 1. 39. Iust 4. 207. Cook says that by the word LEGALE three things are implyed 1st That this was by Law before the Statute and therefore this Statute but declaratory of the antient Law 2d That their Verdict must be legally given wherein is to be observed 1st The Jury ought to hear no Evidence but in the hearing and presence of the Prisoner 2d That they cannot send to ask any Question in Law of the Judges but in the presence of the Prisoner for de facto Jus oritur 3d The Evidence produced by the Kings Counsel being given the Judges cannot collect the Evidence nor urge it by way of charge to the Jury nor yet confer with the Jury about the Evidence but in the presence of the Prisoner Cook Inst 2. 49. 8th Or by the Law of the Land It is a Synonimous expression importing no more then by a Tryal of Peers or a Jury for it is sometimes rendred not or disjunctively but and which is connectively however it can never signifie any thing contrary to the old way of trying by Peers for then it would be connected to a contradiction Besides Cook well observes that in the 4th Chap. of the 25th Edw. 3 Per Legem Terrae imports no more then a Tryal by due process and writ Original at Common Law which
invade the Liberties and Properties of other men because they would not be served so themselves 5 Where Liberty and Property are destroyed there must alwayes be a state of force and war which however pleasing it may be unto the Invaders it will be esteemed intollerable by the Invaded who will no longer remain subject in all humane probability then while they want as much power to free themselves as their Adversaries had to enslave them The troubles hazards ill-consequences and illegality of such attempts as they have declined by the most prudent in all Ages so have they proved most uneasie to the most savage of all Nations who first or last have by a mighty Torent freed themselves to the due punishment and great infamy of their Oppressors such being the advantage such the disadvantage which necessarily do attend the fixation and removal of Liberty and Property We shall proceed to make it appear that Magna Charta as recited by us imports nothing less then their preservation No Free-men shall be taken or imprisoned or be disseized of his Free-hold or Liberties or free Customs or be out-lawed or exiled or any other wayes destroyed nor we will not pass upon him nor condemn him but by lawfull judgement of his Peers c. A Free-man shall not be amerced for a small fault but after the manner of the fault and for a great fault after the greatness thereof and none of the said amercement shall be assessed but by the Oath of good and lawfull men of the Vicinage First It asserts English-men to be free that 's Liberty Secondly that they have Free-holds that 's Property Thirdly That Amercement or Penalties should be proportioned to the faults committed which is Equity Fourthly That they shall lose neither but when they are adjudged to have forfeited them in the judgment of theirh onest Neighbours according to the Law of the Land which is lawfull Judgment It is easie to discern to what pass the Enemies of the great Charter would bring the People First They are now Free-men but they would have them Slaves Secondly They have now Right unto their Wives Children and Estates as their undoubted property but such would rob them of all Thirdly Now no man is to be amerced or punished but suitably to his fault whilst they would make it sutable to their revengefull minds Fourthly Whereas the Power of Judgment lies in the Breâ—sts and Consciences of twelve honest Neighbours they would have it at the discretion of mercenary Judges To which we cannot chuse but add That such Discourses manifestly strike at this present constitution of Government for it being founded upon the Great Charter which is the Antient Common Law of the Land as upon its best Foundation none can design the concelling of the Charter but they must necessarily intend the extirpation of the English Government For where the cause is taken away the effect must consequently cease And as the restauration of our antient English Laws by the Great Charter was the soveraign Balsom which cured our former breaches so doubtless will the continuation of it prove an excellent prevention to any future disturbances But some are ready to object That the Great Charter consisting as well of Religions as civil Rights the former having received an alteration there is the same reason why the latter may have the like To which we answer That the reason of alteration cannot be the same therefore the consequence is false The one being matter of Opinion about Faith and Religious Worship which is as various as the unconstant apprehensions of men but the other is matter of so immutable right and justice that all Generations however differing in their religious Opinion have concentered and agreed to the certainty equity and indispensable necessity of preserving these fundamental Laws so that Magna Charta hath not risen and fallen with the differing religious Opinions that have been in this Land but have ever remained as the stable right of every individual English-man purely as an English-man Otherwise If the civil Priviledges of the People had fallen with the pretended Religious Priviledges of the Popish Tyranny at the first Reformation as must needs be suggested by this Objection our case had ended here that we had obtained a Spiritual Freedom at the cost of a Civil bondage which certainly was far from the intention of the first Reformers and probably an unseen consequence by the Objectors to their idle Opinion In short there is no time in which any man may plead the necessity of such an action as is unjust in its own nature which he must unavoidably be guilty of that doth deface or cancel that Law by which the justice of Liberty and Property is confirmed and maintained to the People And consequently no person may legally attempt the subversion or extenuation of the force of the Great Charter We shall proceed to prove from instances out of both 1st Any Judgment given contrary to the said Charter is to be undone and holden for nought 25 Edw. 1. Chap. 2. 2d Any that by Word Deed or Counsel go contrary to the said Charter are to be excommunicated by the Bishops And the Arch-Bishops of Canterbury and York are bound to compel the other Bishops to denounce Sentence accordingly in case of their remissness or neglect which certainly hath relation to the State rather then the Church since there was never any necessity of compelling the Bishops to denounce sentence in their own case though frequently in the peoples 25 Edw. 1. Chap. 4. 3d That the great Charter and Charter of Forrest be holden and kept in all Points and if any Statute be made to the contrary that it shall be holden for nought 42 Edw. 3. 1. Upon which Cook that famous English Lawyer said That albeit Judgments in the King Courts are of high regard in Law and Judicia are accounted as Juris Dicta yet it is provided by Act of Parliament That if any Judgment be given contrary to any of the points of the great Charter it shall be holden for nought He further saith That upon the Statute of the 25th Edw. 1. Chapter 1. That this great Charter and the Charter of Forrest are properly the Common Law of this Land or the Law is Common to all the People thereof 4ly Another Statute runs thus If any force come to disturb the execution of the Common Law ye shall cause their bodies to be arrested and put in Prison Ye shall deny no man right by the Kings Letters nor counsel the King any thing that may turn to his damage or disherison 18 Edw. 3. Chap. 7. Neither to delay right by the great and little Seal This is the Judges Charge and Oath 2 Edw. 3. chap. 8. 14 Edw. 3. 14. 11 R. 2. chap. 10. 5ly Such care hath been taken for the preservation of this great Charer that in the 25th of Edw. 1. It was enacted That Commissioners should issue forth that there should be chosen in every Shire-Court
Reformation then the Arbitrary Power and terrifying Raks of the Spanish Inquisition And doubtless the supream Governours of the Land are highly oblieged in Honour and Conscience in discharge of their Trust to God and the Peoples to take these things into their serious consideration as what is expected from them by those who earnestly wish theirs and the Kingdoms safety and prosperity A Postscript The Copy of Judge Keeling's Case taken out of the Parliament Iournal Die Mercurij 11th Decembris 1667. THe House resumed the Hearing of the rest of the Report touching the matter of Restraints upon Juries and that upon the examination of divers Witnesses in several Clauses of restraints put upon Juries by the Lord Chief Justice Keeling whereupon the Committee made their Resolutions which are as followeth First That the proceedings of the Lord Chief Justices in the Cases now reported are Innovations in the Trial of men for their Lives and Liberties and that he hath used an Arbitrary and Illegal power which is of dangerous consequence to the Lives and Liberties of the people of England and tends to the introducing of an Arbitrary Government Secondly That in the place of Judicature the Lord Chief Justice hath under-valued vilified and contemned Magna Charta the great preservers of our Lives Freedom and Propertie Thirdly That he be brought to Trial in order to condign punishment in such manner as the House should judge most fit and requisite Die Veneris 13th Decembris 1667. Resolved c. That the Presedents and Practice of Fining or Imprisoning Jurors for Verdicts is Illegal Now whether the Justices of this Court in their Proceedings both towards the Prisoners and Jury have acted according to Law to their Oaths and Duty and to do Justice without partiality whereby Right might be preserved the Peace of the Land secured and our Ancient Laws established or whether such Actions tend not to deprive us of our Lives and Liberties to rob us of our Birth-right the Fundamental Laws of England and finally to bring in an Arbitrary and Illegal power to usurp the Benches of all our Courts of Justice we leave the English Reader to judge Certainly there can be no higher affront offered to King and Parliament then the bringing their Reputations into suspition with their People by the irregular actions of subordinate Judges And no Age can parallel the carriage of this Recorder Mayor c. Nor can we think so ignobly of the Parliament as that they should do less then call these Persons to account who fail'd not to do it to one less guilty and of more repute to wit Judge Keeling For if his behaviour gave just ground of jealousie that he intended an Innovation and the introducing an Arbitrary Government this Recorder much more Did chief Justice Keeling say Magna Charta was Magna farta so did this Recorder too And did Justice Keeling Fine and Imprison Juries contrary to all Law so did this Recorder also In short there is no difference unless it be that the one was questioned and the other deserves it But we desire in this they may be said to differ That though the former escap'd punishment the latter may not who having a Presedent before did notwithstanding notoriously transgress To conclude The Law supposes the King can't err because it is willing to suppose he alwayes acts by Law and Volunt as Legis est voluntas Regis Or the Kings Will is regulated by the Law but it says no such thing of his Judges And since they are oblig'd by Oath to disregard the Kings Letters though under the Broad and privy-Seal if they any wise oppugn or contradict the Laws of the Land and considering that every singular Action of an inferior Minister has an ugly reference to the Supream Magistrate where not rebuked we can't but conclude that both Judges are answerable for their irregularities especially where they had not a limitation of a Kings Letter or Command and that the Supream Magistrate is oblig'd as in Honour and Safety to himself Alfred-like to bring such to condign punishment lest every Sessions produce the like Tragical Scenes of Usurpation over the Consciences of Juties to the villifying and contemning of Justice and great detriment and prejudice of the good and honest men of this Famous and Free City FIAT JUSTICIA FINIS ERRATA PAge 5. after line 20. read John Robinson Alderman and Richard Brown The line following r. Call over the Jury P. 6. before the first l. r. the Indictment P. 7. l. 25. for before r. to P. 10. l. 26. blot out to P. 17. l. 4. r. is not P. 19. l. 7. instead of is he guilty r. is W. P. guilty P. 26. l. 11. r. to the terror P. 27. l. 6. for as r. and P. 32. l. 13. for Nern r. Horn P. 44. l. 11. for For Ver dictis from r. For Verdict from P. 47. l. 31. for Palaris r. Phalaris Obser at this time several upon the Bench urged hard upon the Prisoner to bear him down 9 H. 3. confirm'd 28 Ed. 3. Chap. 1. the form of ancient Acts c. Co. 2. Inst fol. 2. Chap. 14 Cha. 29. ☜ ☞
William Mead and other Persons there in the Street aforesaid being assembled and congregated together by reason whereof a great concourse and tumult of People in the Street aforesaid then and there along time did remain and continue in contempt of the said Lord the King and of his Law to the great disturbance of his peace to the great terror and disturbance of many of his Leige people and Subjects to the ill example of all others in the like case Offenders and against the peace of the said Lord the King his Crown and dignity What say you William Penn and William Mead are you guilty as you stand indicted in manner and form as aforesaid or not guilty Penn It is impossible that we should be able to remember the indictment verbatim and therefore we desire a Copy of it as is customary in the like occasions Rec. You must first plead to the indictment before you can have a Copy of it Pen. Iam unacquainted with the formality of the Law and therefore before I shall answer directly I request two things of the Court. First that no advantage may be taken against me nor I deprived of any benefit which I might otherwise have received Secondly that you will promise mē a fair hearing and liberty of making my defence Court No advantage shall be taken against you you shall have liberty you shall be heard Pen. Then I plead not guilty in manner and form Cla. What sayest thou William Mead art thou guilty in manner and form as thou standest indicted or not guilty Mead I shall desire the same liberty as is promised William Penn. Court You shall have it Mead Then I plead not guity in manner and form The Court adjourned until the afternoon Cryer O yes c. Cla. Bring William Penn and William Mead to the Bar. Obser The said Prisoners were brought but were set aside and other business prosecuted Where we cannot choose but observe that it was the constant and unkind practices of the Court to the Prisoners to make them wait upon the Tryals of Fellons and Murderers thereby designing in all probability both to affront and tire them After five hours attendance the Court broke up and adjourned to the third instant The third of September 1670. the Court sate Cry O yes c. Cla. Bring William Penn and William Mead before the Bar. Mayor Sirrah who bid you put off their Hats put on their Hats again Obser Whereupon one of the Officers putting the Prisoners Hats upon their Heads pursuant to the Order of the Court brought them to the Bar. Record Do you know where you are Pen. Yes Record Do not you know it is the Kings Court Pen. I know it to be a Court and I suppose it to be the Kings Court. Record Do you not know there is respect due to the Court Pen. Yes Record Why do you not pay it then Pen. I do so Record Why do you not pull off your Hat then Pen. Because I do not believe that to be any respect Record Well the Court sets forty Marks a piece upon your Heads as a Fine for your contempt of the Court. Pen. I desire it might be observed that we came into the Court with our Hats off that is taken off and if they have been put on since it was by order from the Bench and therefore not we but the Bench should be fined Mead I have a Question to ask the Recorder Am I fined also Recor. Yes Mead I desire the Jury and all people to take notice of this injustice of the Recorder who spake to me to pull off my Hat and yet hath he put a fine upon my head O fear the Lord and dread his Power and yeild to the guidance of his holy Spirit for he is not far from every one of you The Jury Sworn again Obser J. Robinson Lievtenant of the Tower disingeniously objected against John Bushell as if he had not kist the Book and therefore would have him sworn again though indeed it was on purpose to have made use of his tenderness of Conscience in avoiding reiterated Oaths to have put him by his being a Jury-man apprehending him to be a person not fit to Answer their arbitrary ends The Clark read the indictment as aforesaid Clar. Cryer Call James Cook into the Court give him his Oath Cla. James Cook lay your hand upon the book the evidence you shall give to the Court betwixt our Soveraign the King and the Prisoners at the Bar shall be the Truth and the whole Truth and nothing but the Truth so help you God c. Cook I was sent for from the Exchange to go and disperse a Meeting in Gratious-street where I saw Mr. Penn speaking to the people but I could not hear what he said because of the noise I endeavoured to make way to take him but I could not get to him for the crowd of people upon which Captain Mead came to me about the Kennel of the Street and desired me to let him go on for when he had done he would bring Mr Penn to me Cour. What number do you think might be there Cook About three or four hundred People Cour. Call Richard Read Give him his Oath Read being sworn was askt what do you know concerning the Prisoners at the Bar. Read My Lord I went to Gratious street where I found a great croud of People and I heard Mr. Pen preach to them and I saw Captain Mead speaking to Leivtenant Cook but what he said I could not tell Mead What did William Penn say Read There was such a great noise that I could not tell what he said Mead Jury observe this Evidence He saith he heard him preach and yet saith he doth not know what he said Jury take notice he swears now a clean contrary thing to what he swore before the Mayor when we were committed For now he swears that he saw me in Gratious-street and yet swore before the Mayor when I was committed that he did not see me there I appeal to the Mayor himself if this be not true but no answer was given Cour. What number do you think might be there Read About four or five hundred Pen. I desire to know of him what day it was Read Answ the 14th day of August Pen. Did he speak to me or let me know he was there for I am very sure I never saw him Cla. Cryer call into the Court. Cour. give him his Oath My Lord I saw a great number of People and Mr Penn I suppose was speaking I see him make a motion with his hands and heard some noise but could not understand what he said but for Captain Mead I did not see him there Rec. What say you Mr. Mead were you there Mead It is a Maxim in your own Law Nemo tenetur accusare seipsum which if it be not true Latine I am sure it is true Enlish That no man is bound to accuse himself And why dost thou offer to ensnare
me with such a question Doth not this shew thy malice Is this like unto a Judge that ought to be Counsel for the Prisoner at the Bar Record Sir Hold your Tongue I did not go about to insnare you Pen. I desire we may come more close to the point and that silence be commanded in the Court. Cry O yes All manner of Persons keep silence upon pain of imprisonment silence in the Court. Pen. We confess our selves to be so far from recanting or declining to vindicate the assembling of our selves to Preach Pray or Worship the Eternal Holy Just God that we declare to all the World that we do believe it to be our indispensable duty to meet incessantly upon so good an account nor shall all the powers upon Earth be able to divert us from reverencing and adoring our God who made us Brown You are not here for worshipping God but for breaking the Law you do your selves agreat deal of wrong in going on in that discourse Pen. I affirm I have broken no Law nor am I guilty of the Indictment that is laid to my charge and to the end the Bench the Jury and my self with these that hear us may have a more direct understanding of this procedure I desire you would let me to know by what Law it is you prosecute me and upon what Law you ground my indictment Rec. Upon the common Law Pen. where is that common Law Rec. You must not think that I am able to run up so many years and over so many adjudged Cases which we call Common Law to answer your curiosity Pen. This Answer I am sure is very short of my Question for if it be Common it should not be so hard to produce Rec. Sir will you plead to your Indictment Pen. Shall I plead to an Indictment that hath no Foundation in Law if it contain that Law you say I have broken why should you decline to produce that Law since it will be impossible for the Jury to determine or agree to bring in their Verdict who have not the Law produced by which they should measure the truth of this Indictment and the guilt or contrary of my Fact Rec. You are a sawcy Fellow speak to the Indictment Pen. I say it is my place to speak to matter of Law I am arraigned a Prisoner my liberty which is next to life it self is now concerned you are many Mouths and Ears against me and if I must not be allowed to make the best of my Case it is hard I say again unless you shew me and the People the Law you ground your Indictment upon I shall take it for granted your proceedings are meerly Arbitrary Rec. The Question is whether you are guilty of this Indictment Pen. The Question is not whether I am guilty of this Indictment but whether this Indictment be legal it is too general and imperfect an Answer to say it is the Common Law unless we knew both where and what it is For where there is no Law there is no Transgression and that Law which is not in being is so far from being Common that it is no Law at all Rec. You are an impertinent Fellow will your teach the Court what Law is It s Lex non scripta that which many have studied thirty or forty years to know and would you have me to tell you in a moment Pen. Certainly If the Common Law be so hard to be understood it s far from being very Common but if the Lord Cook in his Institutes be of any consideration he tells us That Common Law is Common Right and that Common Right is the great Charter-Priviledges Confirmed 9 Hen. 3. 29. 25 Edw. 1. 1. 2 Edw. 3. 8. Cook Instit 2. p. 56. Rec. Sir you are a troublesom Fellow and it is not for the honour of the Court to suffer you to go on Pen. I have asked but one Question and you have not answered me though the Rights and Priviledges of every English man be concerned in it Rec. If I should suffer you to ask Questions till to morrow morning you would be never the wiser Pen. That is according as the Answers are Rec. Sir We must not stand to hear you talk all night Pen. I design no affront to the Court but to be heard in my just Plea and I must plainly tell you that if you will deny me Oyer of that Law which you suggest I have broken you do at once deny me an acknowledged right and evidence to the whole World your resolution to sacrifice the Priviledges of English men to your Sinister and Arbitrary designs Rec. Take him away my Lord if you take not some course with this pestilent Fellow to stop his mouth we shall not be able to do any thing to Night May. Take him away Take him away turn him into the Bale-dock Pen. These are but so many vain exclamations Is this Justice or true Judgment Must I therefore be taken away because I plead for the fundamental Laws of England However this I leave upon your Consciences who are of the Jury and my sole Judges that if these Antient Fundamental Laws which relate to liberty and property and are not limited to particular perswasions in matters of Religion must not be indispensibly maintained and observed Who can say he hath right to the Coat upon his back Certainly our liberties are openly to be invaded our Wives to be ravished our Children slaved our Families ruined and our Estates led away in Triumph by every sturdy Begger and malitious Informer as their Trophies but our pretended Forfeits for Conscience sake the Lord of Heaven and Earth will be Judge between us in this matter Rec. Be silent there Pen. I am not to be silent in a Case wherein I am so much concerned and not only my self but many ten thousand Families besides Obser They having rudely haled him into the Bale-dock William Mead they left in Court who spake as followeth Mead. You men of the Jury here I do now stand to answer to an Indictment against me which is a bundle of Stuff full of Lyes and Falshoods for therein I am accused that I met vi et armis illicite et tumultuose time was when I had freedom to use a carnal Weapon and then I thought I feared no man but now I fear the Living God and dare not make use thereof nor hurt any man nor do I know I demeaned my self as a tumultuous person I say I am a peaceable man therefore it is a very proper question what William Penn demanded in this Case An Oyer of the Law on which our Indictment is grounded Recor. I have made answer to that already Mead. Turning his face to the Jury saith You men of the Jury who are my Judges if the Recorder will not tell you what makes a Riot a Rout or an unlawfull Assembly Cook he that once they called the Lord Cook tells us what makes a Riot a Rout and an unlawfull Assembly A