This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.
English
Liberties
Petition
of
Right
Vseful
Statutes
Appeals
of
Murther
Ecclesiastical
Courts
Protestant
Dissenters
G.
Larkin
Benjamin
Harris
Stationers
Arms
a
Democracy
hail
fellows
well
met
qualified
Monarchy
is
Law
two
Villains
no
Witnesses
so
stout
Disjoynted
Bones
Measure
and
the
Bond
Freedom
of
his
Person
Property
in
his
Estate
p.
1.
&
to
Observe
and
cause
the
Laws
to
be
kept
,
To
do
equal
Law
,
and
Right
to
all
the
Kings
Subjects
,
Rich
and
Poor
,
and
not
to
delay
any
Person
of
Common
Right
for
the
Letters
of
the
King
,
or
of
any
other
Person
,
or
for
any
other
Cause
;
But
if
any
such
Letters
come
to
them
,
they
shall
proceed
to
do
the
Law
,
the
same
Letters
notwithstanding
:
Chief
Justice
Henry
the
Non
potest
Rex
Angliae
The
King
of
cannot
alter
nor
change
the
Laws
of
his
Realm
at
his
pleasure
;
For
why
,
he
Governeth
his
People
by
Power
not
only
Royal
,
but
also
Politick
;
If
his
Power
over
them
were
only
Regal
,
then
he
might
change
the
Laws
of
his
Realm
,
and
charge
his
Subjects
with
Tallage
and
other
Burthens
without
their
consent
,
and
such
is
the
Dominion
that
the
Civil
Laws
purport
,
when
they
cry
,
The
Princes
pleasure
has
the
force
of
a
Law
.
But
from
this
much
differeth
the
power
of
a
King
,
whose
Government
over
his
People
is
Politick
;
For
he
can
neither
change
Laws
without
the
consent
of
his
Subjects
,
nor
yet
charge
them
with
Impositions
against
their
Wills
;
Wherefore
his
People
do
frankly
and
freely
enjoy
and
occupy
their
own
Goods
,
being
Ruled
by
such
Laws
as
they
themselves
desire
.
Rex
in
Regno
suo
superiores
habet
Deum
&
Legem
;
The
King
in
his
Realm
hath
two
Superiors
,
God
and
the
Law
Fundamental
Laws
The
Laws
of
were
never
the
Dictates
of
any
Conquerors
Sword
,
or
the
Placita
or
good
Will
and
pleasure
of
any
King
of
this
Nation
,
or
to
speak
Impartially
and
Freely
,
the
Results
of
any
Parliament
that
ever
sate
in
this
Land
.
The
Law
taketh
its
name
to
bind
,
for
thereby
the
Politick
Body
is
knit
and
preserv'd
together
,
as
the
Natural
Body
by
the
Bones
and
Sinews
,
and
Members
,
which
retain
every
one
their
proper
Functions
;
And
as
the
Head
of
a
Body
Natural
cannot
change
his
Sinews
,
nor
cannot
deny
or
with-hold
from
his
inferiour
Members
,
their
peculiar
Powers
and
several
nourishments
of
Blood
and
Spirits
,
no
more
can
a
King
,
which
is
the
Head
of
a
Body
Politick
,
change
the
Laws
of
that
Body
,
nor
withdraw
from
his
People
their
proper
Substance
,
against
their
Wills
and
Consents
in
that
behalf
.
The
King
can
do
no
wrong
,
will
do
none
by
Ministers
an
Appeal
English
mans
Liberty
greater
Inheritance
Cook
)
is
deriv'd
to
every
one
of
us
from
our
Laws
that
from
our
Parents
Springs
and
Rivers
Paramount
Priviledges
Acts
of
Parliament
We
have
seen
the
great
Charter
of
the
Lord
sometimes
King
of
our
Father
,
of
the
Liberties
of
in
these
Words
By
the
Grace
of
God
,
King
of
Lord
of
Duke
of
and
Earl
of
To
all
Arch-Bishops
,
Bishops
,
Abbots
,
Priors
,
Earls
,
Barons
,
Sheriffs
,
Provosts
,
Officers
,
and
to
all
Baysliffs
,
and
other
our
Faithful
Subjects
,
which
shall
see
this
present
Charter
,
Greeting
.
Know
you
,
that
We
unto
the
Honour
of
Almighty
God
,
and
for
the
Salvation
of
the
Souls
of
our
Progenitors
and
Successors
,
Kings
of
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
,
Bishops
,
Abbots
,
Priors
,
Earls
,
Barons
,
and
to
all
Free-men
of
this
our
Realm
,
these
Liberties
following
,
to
be
kept
in
our
Kingdom
of
for
ever
Novel
Diss●isin
Wallingford
,
Nottingham
,
Boloin
Archbishops
,
Bishops
,
Abbots
,
Priors
,
Templers
,
Hospitallers
,
Earls
,
Barons
,
Archbishops
,
Bishops
,
Abbots
,
Priors
,
Earls
,
Barons
,
Knights
,
Freeholders
,
Canterbury
,
E.
T.
Edward
Magna
Charta
as
a
Charter
Co.
Rep.
L.
King
hath
given
and
granted
these
Liberties
,
Sua
Jura
Laws
and
Customs
not
perform
William
Rufus
Stephen
,
Henry
Charta
Libertatum
,
The
Charter
of
Liberties
Math.
Paris
,
Fol.
Charter
of
the
Forrest
Hubert
de
Burgh
Charta
de
Foresta
within
Age
Cancelled
both
the
said
Charters
Hubert
de
Burgh
(
viz.
miserable
Troubles
Charta
de
Foresta
Edw.
3.
Cap.
That
no
man
be
taken
or
Imprisoned
,
Liberty
of
a
mans
person
No
man
shall
be
Disseised
lawful
Judgment
Law
of
the
Land
No
man
shall
be
Outlawed
No
man
shall
be
Exiled
lose
his
Countrey
No
man
shall
in
any
sort
be
destroyed
(
Destruere
id
est
quod
prius
structum
&
factum
fuit
,
penitus
Evertere
&
Diruere
,
)
Nec
super
eum
ibimus
Nec
super
eum
mittimus
shall
be
taken
No
man
shall
be
Disseised
No
Man
Outlawed
Vnless
by
the
Law
of
the
Land
,
[
Of
his
Liberties
Freedom
the
Subjects
s.
&c.
Franchises
and
Priviledges
Felons
,
Out-laws
wreck
,
waife
,
straie
all
Monopolies
No
Man
Exiled
Authority
of
Parliament
Authority
of
Parliament
No
Man
destroyed
By
Lawful
Judgment
of
his
Peers
,
]
one
that
is
Noble
one
of
the
Commons
Or
by
the
Law
of
the
Land
.
]
Edw.
3.
chap.
We
will
sell
to
no
Man
,
deny
to
no
Man
,
in
Bonis
,
Terris
,
vel
Persona
,
Ecclesiastical
or
Temporal
Plena
,
Full
Quia
Dilatio
est
quaedam
negatio
We
will
not
deny
nor
delay
any
Man
,
Great
Seal
,
or
Privy
Seal
,
Order
,
Writ
,
Letters
,
Message
,
or
Commandment
whatsoever
,
either
from
the
King
or
any
other
sub
Clipeo
legis
nemo
decipitur
Per
Prerogativ●m
nostram
quam
nolumus
esse
Arguendam
;
By
our
Prerogative
,
which
we
will
not
have
disputed
Mich.
11
H.
7.
Rot.
Pasch.
7.
H.
8.
Rot.
E.
1.
John
de
Mershals
Justice
or
Right
Justice
▪
Right
Line
Justice
and
Right
Law
and
Custom
Common
Right
Injuria
est
contra
Jus
declaratory
of
it self
and
the
oblique
.
Major
Haereditas
venit
unicunque
nostrum
a
Jure
&
Legibus
,
quam
a
Parentibus
;
A
greater
Inheritance
descends
to
us
from
the
Laws
,
than
from
our
Progenitors
.
IN
the
Name
of
the
Father
,
the
Son
,
and
the
Holy
Ghost
,
Whereas
our
Sovereign
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
Archbishop
of
Primate
of
all
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
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
Sov
.
L.
the
K.
in
all
points
.
And
all
those
that
in
any
point
do
Resist
or
break
,
or
in
any
manner
hereafter
procure
,
Counsel
,
or
any
ways
assent
to
resist
or
break
those
Ordinances
,
or
go
about
it
,
by
word
or
deed
,
openly
or
privily
,
by
any
manner
of
Pretence
or
Colour
:
We
the
foresaid
Arch-bishop
by
our
Authority
in
this
Writing
expressed
,
do
Excommunicate
and
accurse
,
and
from
the
Body
of
our
Lord
Jesu
Christ
,
and
from
all
the
Company
of
Heaven
,
and
from
all
the
Sacraments
of
Holy
Church
do
Sequester
and
exclude
.
IN
the
Year
of
our
Lord
,
One
thousand
two
hundred
and
fifty
three
,
the
Third
day
of
in
the
great
Hall
of
the
King
at
in
the
Presence
and
by
the
assent
of
the
Lord
by
the
Grace
of
God
,
King
of
and
the
Lord
Earl
of
his
Brother
Earl
of
Marshal
of
Earl
of
Earl
of
and
other
Estates
of
the
Realm
of
by
the
Mercy
of
God
Arch-bishop
of
Primate
of
all
F.
of
H.
of
S.
of
E.
of
of
Saint
Bishops
apparelled
in
Pontificials
with
Tapers
burning
,
against
the
Breakers
of
the
Churches
Liberties
,
and
of
the
Liberties
or
other
Customs
of
the
Realm
of
and
namely
of
those
which
are
contained
in
the
Charter
of
the
Common
Liberties
of
and
Charter
of
the
Forrest
,
have
denounced
the
Sentence
of
Excommunication
in
this
Form
.
By
the
Authority
of
Almighty
God
,
the
Father
,
the
Son
,
and
the
Holy
Ghost
,
and
of
the
Glorious
Mother
of
God
,
and
perpetual
Virgin
of
the
Blessed
Apostles
and
of
all
Apostles
,
and
of
all
Martyrs
,
of
Blessed
King
of
and
of
all
the
Saints
of
Heaven
:
We
Excommunicate
,
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
Wiliness
do
Violate
,
Break
,
Diminish
,
or
Change
the
Churches
Liberties
,
and
free
Customs
contained
in
the
Charters
of
the
Common
Liberties
,
and
of
the
Forr
est
,
granted
by
our
Lord
the
King
,
to
Archbishops
,
Bishops
and
other
Prelates
of
and
likewise
to
the
Earls
,
Barons
,
Knights
,
and
other
Freeholders
of
the
Realm
:
And
all
that
secretly
or
openly
,
by
Deed
,
Word
or
Council
,
or
observe
them
being
made
,
and
that
bring
in
Customs
,
or
keep
them
when
they
be
brought
in
,
against
the
said
Liberties
,
or
any
of
them
,
the
Writers
,
the
Law-makers
,
Councellors
,
and
the
Executioners
of
them
,
and
all
those
that
shall
presume
to
judge
against
them
.
All
and
every
which
Persons
before
mentioned
,
that
wittingly
shall
commit
any
of
the
Premises
,
let
them
well
know
,
that
they
incurr
the
foresaid
Sentence
upon
the
Deed
done
.
]
And
those
that
Commit
ought
ignorantly
,
and
be
admonished
,
except
they
reform
themselves
within
15
dayes
after
the
time
of
the
admonition
,
and
make
full
satisfaction
for
that
they
have
done
,
at
the
will
of
the
Ordinary
,
shall
be
from
that
time
forth
wrapped
in
the
said
Sentence
;
and
with
the
same
Sentence
we
burden
all
those
that
presume
to
disturb
the
Peace
of
our
Soveraign
Lord
the
King
,
and
of
the
Realm
.
To
the
perpetual
Memory
of
which
thing
,
we
the
foresaid
Prelates
have
put
our
Seals
to
these
presents
.
Protestant
Dissenters
Protestant
Dissenters
Humphrey
Bohun
England
,
Roger
John
de
Ferrariis
Humphrey
le
Bohun
Roger
Bigot
Earls
,
Barons
,
Knights
,
Esquires
John
Ferrers
Earl
Marshal
That
if
his
Majesty
pleased
to
go
in
Person
,
he
would
then
go
with
him
,
and
march
before
him
in
the
Van-Guard
,
as
by
right
of
Inheritance
he
ought
to
do
;
but
otherwise
he
would
not
stir
;
the
King
told
he
should
go
with
any
other
,
though
he
went
not
in
Person
.
I
am
not
so
bound
neither
will
I
take
that
Journey
without
By
God
,
Sir
Earl
,
you
shall
either
go
or
Hang
:
I
swear
by
the
same
Oath
I
will
neither
go
nor
Hang.
for
that
they
stood
in
defence
of
their
Laws
,
Liberties
,
and
free
Customes
,
William
Herle
the
wisest
King
that
ever
was
If
any
they
have
committed
Si
quas
fecerint
,
If
any
they
have
committed
,
Omissions
,
Mistakes
the
Law
Rolls
of
Acts
of
Parliament
never
printed
High
Treason
Petty
Treason
Crime
wronging
Majesty
many
things
High
Treason
Benedictum
Parliamentum
,
the
Blessed
Parliament
.
When
a
man
Quant
Home
To
compass
and
Imagine
There
are
commonly
but
few
steps
between
the
Prisons
and
the
Graves
of
Princes
.
de
Facto
de
Jure
the
Kings
Eldest
Son
and
Heir
within
this
Act
?
Roger
Mortimer
Anno
Dom.
John
de
la
Poolen
probably
Attainted
Et
de
ceo
PROVABLEMENT
soit
Attaint
:
And
shall
be
thereof
PROVABLY
Attaint
:
In
this
Branch
four
things
are
to
be
observed
:
This
word
[
Provablement
]
Provably
,
that
is
,
upon
not
upon
but
upon
good
and
sufficient
proof
.
And
herein
the
Adverb
hath
a
great
force
,
and
signifieth
which
word
the
King
,
the
Lords
,
and
Commons
in
Parliament
did
use
,
for
that
the
offence
was
hainous
,
and
was
so
heavily
and
severely
punished
,
as
none
other
the
like
,
and
therefore
the
offender
must
be
Attainted
,
which
words
are
as
forcible
,
Note
,
the
word
is
,
not
for
then
might
have
served
;
but
the
word
is
,
be
Attainted
.
Secondly
,
This
word
necessarily
implyeth
that
he
be
proceeded
with
,
and
Attainted
according
to
the
and
proceedings
of
Law
,
and
not
or
by
other
means
,
as
in
former
times
had
been
used
.
And
therefore
if
a
Man
doth
adhere
to
the
Enemies
of
the
King
,
or
be
in
open
War
against
the
King
,
or
otherwise
before
the
Attainder
of
Treason
because
(
as
this
Act
saith
)
he
is
wherein
this
Act
hath
altered
that
,
which
before
this
Act
,
in
Case
of
Treason
was
taken
for
And
the
Statute
of
saves
nothing
to
the
King
,
but
that
which
was
and
pertaining
to
the
King
at
the
making
of
that
Act.
And
this
appeareth
by
a
Judgment
in
Parliament
in
being
slain
in
open
Rebellion
could
no
way
be
punished
,
or
forfeit
any
thing
,
and
therefore
was
Attainted
by
that
of
High
Treason
Of
open
Deed
,
per
Apertum
Factum
,
[
Provablement
,
Overt
Act
manifestly
proved
Weapons
,
Powder
,
Poison
,
Harness
,
send
Letters
,
[
Provablement
fatetur
facinus
qui
judicium
fugit
Overt
Act
viz.
[
Thereof
be
Attainted
by
open
Deed
]
Compassing
and
Imagination
of
the
death
of
the
King
,
&c.
Overt
Act
[
de
ceo
(
except
only
that
of
the
12
Car.
2.
herein
after
recited
,
which
is
only
to
be
in
force
during
the
Life
of
his
present
Majesty
,
whom
God
preserve
:
)
Words
only
in
Writing
That
Laws
justly
made
for
the
preservation
of
the
Common-wealth
,
without
extream
punishment
,
are
more
often
obeyed
and
kept
than
Laws
and
Statutes
made
with
great
and
extream
punishments
.
And
in
special
such
Laws
and
Statutes
so
made
,
whereby
not
only
the
ignorant
and
rude
unlearned
People
,
but
also
learned
and
expert
People
minding
honesty
,
are
oftentimes
trapped
and
snared
,
yea
many
times
without
other
Fact
or
Deed
done
or
perpetrated
.
By
People
of
their
condition
by
Levying
War
against
the
King
,
de
Facto
a
Riot
Interpretative
Treasons
Killing
the
Privy
Seal
bring
into
this
Realm
Counterfeit
Money
:
knowingly
:
5.
Brought
De
Moneta
Mar.
Cap.
That
thenceforth
no
Act
,
Deed
,
or
Offence
being
by
Act
of
Parliament
,
or
Statute
,
made
Treason
,
Petty
Treason
,
or
Misprision
of
Treason
,
by
Words
,
Writing
,
Ciphering
,
Deeds
,
or
otherwise
however
,
shall
be
taken
,
had
,
Deemed
or
Adjudged
to
be
High-Treason
,
Petty
Treason
,
or
Misprision
of
Treason
,
but
only
such
as
be
declared
and
expressed
to
be
Treason
,
Petty
Treason
,
or
Misprision
of
Treason
,
by
this
Statute
of
the
Eliz.
Cap.
Eliz.
C.
Eliz.
Cap.
Old
Treasons
THe
Lords
and
Commons
Assembled
in
Parliament
,
deeply
Weighing
and
Considering
the
Miseries
and
Calamities
,
of
well
high
twenty
years
,
before
your
Majesties
Happy
Return
,
and
with●l
Reflecting
on
the
Causes
and
Occasions
of
so
great
and
diplorable
Confusions
,
do
in
all
humility
and
thankfulness
acknowledge
your
Majesties
incomparable
Grace
and
Goodness
to
your
People
,
in
your
Free
and
General
Pardon
,
Indempnity
and
Oblivion
,
by
which
roar
Majesty
hath
been
pleased
to
deliver
your
Subjects
,
not
only
from
the
but
also
from
the
of
their
former
Mi●carringes
,
which
unexempted
Piety
and
Clemency
of
your
Majestie
hath
Enflamed
the
Hearts
of
us
your
Subjects
with
an
ardent
desire
to
express
all
possible
Zeal
and
Duty
in
the
Care
and
Preservation
of
your
Majesties
(
in
whose
Honour
and
Happiness
consists
the
good
and
welfare
of
your
people
)
and
in
preventing
(
as
much
as
may
be
)
all
Practises
and
Attempts
for
the
time
to
come
.
(2)
And
because
the
Growth
and
Increase
of
the
late
Troubles
and
Disorders
,
did
in
a
very
great
measure
proceed
from
a
multitude
of
Pamphlets
and
Speeches
,
daily
Preached
,
Printed
and
Published
with
a
Transcendent
boldness
,
defaming
the
Person
and
Government
of
your
Majesty
and
your
Royal
Father
,
wherein
men
were
too
much
Encouraged
,
and
(
above
all
)
from
a
wilful
mistake
of
the
and
Lawful
Authority
,
whilst
men
were
forward
to
cry
up
and
maintain
those
Orders
and
Ordinances
Oaths
and
Covenants
,
to
be
Acts
and
Warrantable
,
which
in
themselves
had
not
the
least
Colour
of
Law
or
Justice
to
support
them
,
from
which
kind
of
Distempers
,
as
the
present
Age
is
not
wholly
freed
,
so
Posterity
may
be
apt
to
Relapse
into
them
,
if
a
timely
be
not
provided
.
(3)
We
therefore
the
Lords
and
Commons
in
Parliament
Assembled
,
having
duly
considered
the
Premisses
,
and
Remembring
that
in
the
thirteenth
year
of
the
Reign
of
Queen
of
ever
blessed
Memory
,
a
right
good
and
profitable
Law
was
made
,
for
Preservation
of
do
most
humbly
beseech
your
most
Excellent
Majesty
,
that
it
may
be
Enacted
.
by
the
Kings
most
Excellent
Majesty
,
by
and
with
the
Advice
and
Consent
of
the
Lords
and
Commons
in
this
present
Parliament
Assembled
,
and
by
Authority
of
the
same
,
That
if
any
Person
or
Persons
whatsoever
,
after
the
four
and
twentieth
day
of
in
the
year
of
our
Lord
one
thousand
six
hundred
sixty
and
one
,
(
whom
God
Almighty
Preserve
and
Bless
,
with
a
Long
and
Prosperous
Reign
)
shall
within
the
Realm
or
without
,
Compass
,
Imagine
,
Invent
,
Devise
,
or
intend
Death
or
Destruction
,
or
any
Bodily
Harm
,
tending
to
the
or
Destruction
,
Maim
,
or
Wounding
,
Imprisonment
or
Restraint
of
the
Person
of
the
same
our
Soveraign
Lord
the
King
.
(5)
Or
to
deprive
or
depose
him
from
the
Honour
,
or
Kingly
Name
of
the
Imperial
Crown
of
this
Realm
,
or
of
any
other
His
Majesties
Dominions
or
Countries
.
(6)
To
Levy
War
against
His
Majesty
within
this
Realm
or
without
.
(7)
Or
to
move
or
stir
any
Forraigner
,
and
Strangers
with
force
to
this
Realm
,
or
any
other
His
Majesties
Dominions
or
Countries
,
being
under
His
Majesties
Obeysance
.
(
8.
)
And
such
Compassings
,
Imaginations
,
Inventions
,
Devices
or
Intentions
,
or
any
of
them
,
shall
express
,
utter
or
declare
by
any
being
Lawfully
Convicted
thereof
,
upon
the
Oaths
of
two
upon
Tryal
,
or
otherwise
Convicted
or
Attainted
by
due
Course
of
Law
,
then
every
such
person
and
persons
so
as
aforesaid
offending
shall
be
deemed
,
declared
and
Adjudged
to
be
and
shall
suffer
pains
of
Death
,
and
also
lose
and
Forfeit
as
in
Cases
of
High
Treason
.
And
be
it
further
Enacted
by
the
Authority
aforesaid
,
That
if
any
person
or
persons
at
any
time
after
the
four
and
twentieth
day
of
in
the
year
of
our
Lord
,
one
thousand
six
hundred
sixty
and
one
,
shall
Malitiously
and
Advisedly
publish
or
affirm
the
King
to
be
an
or
that
Or
shall
Malitiously
and
Advisedly
by
Printing
,
Writing
,
Preaching
,
or
other
Speaking
,
Express
,
Publish
,
Vtter
or
Declare
any
words
,
sentences
,
or
other
thing
or
things
to
people
to
Hatred
or
dislike
of
the
Person
of
His
Majesty
,
or
the
Established
Government
,
(3)
Then
every
such
person
and
persons
,
being
thereof
Legally
Convicted
,
shall
be
disabled
to
have
or
enjoy
,
and
is
hereby
disabled
,
and
made
incapable
of
having
,
holding
,
enjoying
,
or
exercising
Ecclesiastical
,
Civil
or
Military
,
or
any
other
Imployment
in
Church
and
Stateother
than
that
of
his
and
shall
likewise
,
be
liable
to
such
further
and
other
Punishments
,
as
by
the
Common
Laws
,
or
Statutes
of
this
Realm
,
may
be
inflicted
in
such
Cases
.
(4)
And
to
the
end
that
no
man
hereafter
may
he
misled
into
any
Seditious
or
Vnquiet
Demeanour
,
out
of
an
opinion
that
the
Parliament
B-gun
and
held
at
upon
the
third
day
of
in
the
year
of
our
Lord
,
one
,
thousand
six
hundred
and
forty
,
is
yet
in
being
,
which
is
undoubtedly
and
so
is
hereby
declared
and
adjudged
to
be
fully
dissolved
and
determined
.
(5)
Or
out
of
an
opinion
that
there
lies
any
Obligation
upon
him
from
any
Oath
,
or
Engagement
whatsoever
,
to
endeavour
a
Change
of
Government
,
either
in
Church
or
State
.
(6)
Or
out
of
an
Opinion
,
of
them
,
have
a
without
the
King
.
(7)
All
which
Assertions
have
been
seditiously
maintained
in
some
Pamphlets
lately
Printed
,
and
are
dayly
promoted
by
the
Active
Enemies
of
our
Peace
and
Happiness
.
Be
it
therefore
further
Enacted
by
the
Authority
aforesaid
,
That
if
any
person
or
persons
at
any
time
after
the
four
and
twentieth
day
of
in
the
year
of
our
Lord
.
one
thousand
six
hundred
sixty
and
one
,
shall
Maliciously
and
Advisedly
,
by
Writing
,
Printing
,
Preaching
or
other
Express
,
Publish
,
Vtter
,
Declare
,
or
Affirm
,
That
the
Parliament
Begun
at
upon
the
third
day
of
in
the
year
of
our
Lord
,
one
thousand
six
hundred
and
forty
,
is
not
yet
Dissolved
,
or
that
it
ought
to
be
in
being
,
or
hath
yet
any
Continuance
or
Existence
.
(2)
Or
that
there
lies
any
Obligation
on
him
,
or
any
other
person
from
any
Oath
,
or
Engagement
whatsoever
,
to
endeavour
either
in
(3)
Or
that
both
Houses
of
Parliament
,
or
either
House
of
Parliament
,
have
or
hath
without
the
King
,
or
any
other
words
to
the
same
Effect
.
(4)
That
then
every
such
person
and
persons
so
as
aforesaid
offending
shall
incurr
the
danger
and
penalty
of
a
mentioned
in
a
Statute
made
in
the
sixteenth
year
of
the
Reign
of
King
the
Second
.
(5)
And
it
is
hereby
also
declared
,
That
the
Oath
usually
called
the
was
in
it self
an
Oath
,
and
Imposed
upon
the
Subjects
of
this
Realm
,
against
the
and
Liberties
of
this
Kingdom
.
(6)
And
that
all
Orders
and
Ordinances
,
or
pretended
Orders
and
Ordinances
of
both
or
either
Houses
of
Parliament
,
for
imposing
of
Oaths
,
Covenants
or
Engagements
,
Levying
of
Taxes
,
or
Raising
of
Forees
and
Arms
,
to
which
the
either
in
Person
or
by
Commission
,
was
not
expresly
had
or
given
,
were
in
the
first
Creation
and
Making
,
and
still
are
,
and
so
shall
be
taken
to
be
to
all
Intents
and
Purposes
whatsoever
.
(7)
Provided
never
theless
,
That
all
and
every
person
and
persons
,
Bodies
Politick
and
Corporate
,
who
have
been
,
or
shall
at
any
time
hereafter
be
questioned
for
any
thing
Acted
or
Done
by
Colour
if
any
the
Orders
or
Ordinances
herein
before
mentioned
and
declared
to
be
Null
and
Void
,
and
are
Indempnified
by
an
Act
,
Intituled
,
made
in
the
twelfth
year
of
His
Majesties
Reign
that
now
is
,
or
shall
be
Indemnified
by
any
Act
of
Parliament
,
shall
and
may
make
such
use
of
the
said
Orders
and
Ordinances
for
their
Indemnity
according
to
the
true
intent
and
meaning
of
the
said
Act
,
and
no
other
,
as
he
or
they
might
have
done
,
if
this
Act
had
not
been
made
;
any
thing
in
this
Act
contained
notwithstanding
.
Provided
always
,
That
no
person
be
Prosecuted
for
any
of
the
Offences
in
this
Act
mentioned
(
other
than
such
as
are
made
and
declared
to
be
unless
it
be
His
Heirs
or
Successors
,
for
the
time
being
.
(2)
Nor
shall
any
Person
or
persons
by
vertue
of
this
present
Act
incur
any
the
Penalties
herein
before
mentioned
,
unless
he
or
they
be
Prosecuted
next
after
the
offence
Committed
,
and
such
Prosecution
;
any
thing
herein
contained
to
the
contrary
notwithstanding
.
Provided
always
,
and
be
it
Enacted
,
That
no
person
or
persons
shall
be
Indicted
,
Arraigned
,
Condemned
,
Convicted
or
Attainted
for
any
of
the
Treasons
or
Offences
aforesaid
,
unless
the
same
Offender
or
Offenders
be
thereof
by
the
Testimony
and
Disposition
upon
Oath
.
(2)
Which
Witnesses
at
the
time
of
the
said
Offender
or
Offenders
Arraignment
,
shall
be
brought
in
person
before
him
or
them
Face
to
Face
,
and
shall
openly
avow
and
maintain
upon
Oath
,
what
they
have
to
say
against
him
or
them
,
concerning
the
Treason
or
Offences
contained
in
the
said
Indictment
,
unless
the
party
or
parties
Arraigned
shall
willingly
without
violence
the
ame
Provided
likewise
and
be
it
Enacted
,
That
this
Act
,
or
any
thing
therein
contained
,
shall
not
extend
to
deprive
or
any
of
their
Members
,
of
their
just
Antint
Freedom
,
and
Priviledge
of
any
matters
or
business
which
shall
be
propounded
or
debated
in
either
of
the
said
Houses
,
or
at
any
of
both
or
either
of
the
said
Houses
of
Parliament
,
or
touching
the
or
Alteration
of
any
or
preparing
any
or
the
Regressing
of
any
but
that
the
said
Members
of
either
of
the
said
Houses
,
and
the
Assistants
of
the
House
of
Peers
and
every
of
them
,
shall
have
the
same
and
all
other
Privledges
whatsoever
,
as
they
had
before
the
making
of
this
Act
;
any
thing
in
this
Act
to
the
contrary
thereof
in
any
wise
notwithstanding
.
Provided
always
,
and
be
it
ordained
and
enacted
,
That
of
this
Realm
shall
be
Tryed
for
any
Offences
against
this
Act
,
but
by
his
Peers
;
(
2.
)
And
further
,
that
every
Peer
who
shall
be
Convicted
of
any
Offence
against
this
Act
,
after
such
Conviction
,
be
disabled
during
his
Life
,
unless
His
Majesty
shall
graciously
be
pleased
to
pardon
him
?
(3)
And
if
His
Majesty
shall
grant
his
Pardon
to
any
Peer
of
this
Realm
,
or
Commoner
Convicted
of
any
Offence
against
this
Act
,
after
such
Pardon
Granted
,
the
Peer
or
Commoner
so
pardoned
to
all
Intents
and
purposes
as
if
he
had
never
been
Convicted
,
any
thing
in
this
Law
to
the
contrary
in
any
wise
uotwithstanding
.
Temporary
Limitation
three
sorts
of
Offences
High
Treason
Printing
,
Writing
,
Preaching
two
lawful
more
than
Ordinary
endeavours
to
introduce
Popery
hatred
or
dislike
of
the
Person
of
His
Majesty
place
,
Office
,
or
promotion
,
Old
long
Parliament
either
or
both
Houses
Rich.
2
Cap.
two
last
Sorts
order
of
the
King
he
shall
Petty
Jury
general
and
ordinary
Right
this
Statute
Act
it self
single
Witness
Vnless
he
be
thereof
accused
by
the
Testimony
and
deposition
of
Two
Lawful
and
Credible
Witnesses
,
which
Witnesses
at
his
Arraignment
shall
be
brought
before
him
face
to
face
,
third
proviso
Mar.
cap
All
Trials
for
Treason
That
he
shall
be
drawn
on
an
Hurdle
or
Sledge
to
the
place
of
Execution
and
there
be
Hanged
by
the
Neck
,
to
be
cut
down
being
yet
alive
,
his
Privy
Members
cut
off
,
his
Bowels
ript
up
,
taken
out
,
and
burnt
before
his
face
,
his
Headsevered
from
his
Body
,
his
Body
divided
into
four
Quarters
,
which
are
to
be
disposed
of
as
the
King
shall
order
—
Drawn
and
Hanged
unworthy
of
either
Privities
cut
off
torn
to
pieces
four
parts
be
Hanged
till
he
be
dead
,
Conning
smark
Five
and
Thirty
Peinfort
&
dure
H.
8.
cap.
Law
of
Mercy
Favour
of
Life
a
Copy
of
the
Pannel
Qualities
,
Circumstances
Challenge
peremptorily
Challenge
with
Cause
mock
the
Prisoner
face
and
name
Whereas
Offendors
have
been
greatly
encouraged
,
because
the
Charters
of
Pardon
have
been
so
in
times
past
of
Man-slaughters
,
Roberies
,
Felonies
,
and
other
Trespasses
against
the
Peace
,
(2)
It
is
ordained
and
Enacted
that
such
Charters
that
is
to
say
,
where
a
man
slayeth
another
in
his
or
by
And
also
they
have
been
encouraged
because
that
the
of
the
Goal-Delivery
,
and
of
Oyer
and
Terminer
,
against
the
Form
of
the
Statute
made
in
the
27th
year
of
the
Reign
of
King
Grandfather
to
our
Lord
the
King
that
now
is
,
wherein
is
Contained
that
Justices
Assigned
to
take
Assizes
,
if
they
be
shall
make
deliverance
,
and
if
the
one
be
a
Clerk
,
and
the
other
a
Lay-man
,
that
the
with
another
of
the
Countrey
associate
to
him
,
shall
deliver
the
Goals
.
(4)
Wherefore
it
is
Enacted
,
that
Justices
shall
not
be
made
against
the
Form
of
the
said
Statute
;
(5)
And
that
the
Assizes
,
Attaints
,
and
Certifications
be
taken
before
the
Justices
,
commonly
Assigned
,
which
should
be
good
men
and
Lawful
,
having
knowledg
of
the
Law
,
and
none
other
,
after
the
Form
if
another
Statute
made
in
the
time
of
the
said
King
the
first
.
(6)
And
that
the
shall
not
be
granted
,
but
before
the
Justices
of
the
one
Bench
or
the
other
,
or
the
Justices
Errants
,
and
that
great
hurt
,
or
horrible
Trespasses
,
and
of
the
Kings
special
Grace
,
after
the
Form
of
the
S●atute
thereof
ordained
in
time
of
the
said
Grandfather
,
and
none
otherwise
.
Edw.
3.
cap.
Edw.
3.
cap.
R.
2.
cap.
R.
cap.
may
pardon
he
cannot
pardon
Restrained
the
power
of
granting
Charters
of
pardons
where
the
King
may
do
it
by
his
Oath
;
Secondly
,
Charters
out
of
Parliament
Edw
,
3.
cap
no
pardon
were
granted
but
by
Parliament
]
false
Suggestions
all
Felonies
Murder
,
&c.
(
but
of
late
times
Religious
and
Prudent
King
Word
of
God
Pardon
of
Murder
by
express
Name
would
neuer
Pardon
Murder
by
special
Name
moved
with
Piety
two
ways
at
the
Kings
Suit
at
the
Suit
of
a
Party
too
often
a
Pardon
against
Law
no
Pardon
An
Accusation
Three
sorts
Coke
1.
Instit
within
a
year
and
a
day
Hen.
7.
Cap.
latter
Clause
Case
of
Acquittal
day
and
year
confounds
all
Discretion
Body
for
Body
Conning
smark
Forfeieure
is
to
the
King
I
here
instantly
Appeals
of
the
death
of
his
Brother
For
that
whereas
the
aforesaid
was
in
the
Peace
of
God
,
and
the
King
,
at
in
the
County
of
Rent
,
the
twenty
eighth
day
of
in
the
thirty
fourth
year
of
the
Reign
of
our
Lord
the
Second
at
seven
a
Clock
in
the
Evening
of
the
same
Day
,
cama
the
said
as
a
Felon
,
of
our
Lord
the
King
in
a
premeditated
Assault
,
with
Force
and
Arms
,
And
upon
him
the
said
then
and
there
felonionsly
an
Assault
did
make
,
and
with
a
certain
Sword
,
of
the
price
of
twelve
pence
,
Which
he
then
and
there
in
his
Right
Hand
did
hold
,
the
aforesaid
upon
his
Head
did
strike
,
and
one
mortal
wound
of
two
Inches
long
in
forepart
of
his
Head
,
even
unto
the
Brain
to
the
said
did
then
and
there
Feloniously
give
;
of
which
said
wound
the
said
for
three
days
then
next
following
did
Languish
,
and
then
,
the
[
such
a
]
day
of
[
such
a
month
,
]
he
there
died
,
[
or
if
the
case
be
so
,
And
so
the
said
as
a
Felon
of
our
Lord
the
King
,
the
aforesaid
Feloniously
did
Kill
and
Murder
,
against
the
Peace
of
our
said
Lord
the
King
his
Crown
and
Dignity
:
And
that
this
he
did
wickedly
,
and
as
a
Felon
against
the
Peace
of
God
,
and
our
Lord
the
King
the
aforesaid
osters
that
the
same
be
detained
as
the
Court
of
our
Lord
the
King
shall
think
meet
.
her
Husband
de
Facto
Edw.
1.
Cap.
the
year
and
day
Coke
2.
Ingit
Brother
and
Heir
of
brought
an
of
the
Death
of
the
said
The
Defendant
pleaded
,
that
before
the
Coroner
,
he
was
Indicted
of
Man-slaughter
,
and
before
Commissioners
of
Oyer
and
Terminer
,
he
was
upon
that
and
confessed
the
Indictment
,
and
prayed
his
and
thereupon
was
Entred
the
Court
will
consider
;
whereupon
he
demanded
Judgment
,
whether
the
Plaintiffe
ought
to
maintain
that
Appeal
he
had
brought
.
To
which
the
Plaintiffe
demurred
in
Law
.
And
in
this
Case
three
points
were
adjudged
by
Sir
and
the
whole
Court
.
First
,
That
the
had
been
a
good
Bar
of
the
Appeal
by
the
Common
Law
,
as
well
as
if
For
that
the
Defendant
,
upon
his
Confession
of
the
Indictment
had
prayed
his
Clergy
,
which
the
Court
ought
to
have
granted
,
and
the
deferring
of
the
Court
to
be
advised
,
ought
not
to
prejudice
the
Party
Desendant
,
albeit
the
Appeal
was
Commenced
before
the
Allowance
of
it
.
adjudged
was
,
that
this
Case
was
out
of
the
Statute
of
For
that
the
words
of
that
Act
are
,
And
in
this
the
Defendant
was
neither
but
Convicted
by
Confession
,
and
the
as
is
aforesaid
,
so
as
the
Statute
being
penal
concerning
the
Life
of
Man
,
and
made
in
Restraint
of
the
Common
Law
,
was
not
to
be
taken
by
Equity
,
but
is
a
Case
Omitted
,
and
left
to
the
Common
Law
.
As
to
the
Third
,
is
was
objected
,
that
every
Plea
ought
to
have
an
apt
Conclusion
,
and
that
the
Conclusion
in
this
Case
ought
to
have
been
,
Thomas
Holcroft
And
he
does
ask
judgment
if
the
above
mentione
shall
be
obliged
to
answer
againe
for
the
he
was
once
Convicted
of
]
But
it
was
adjudged
that
either
of
both
Conclusions
was
in
Law
:
And
therefore
that
exception
was
disallowed
by
the
Rule
of
the
Court.
the
Wife
,
and
all
the
Blood
of
the
Party
slain
should
draw
the
Defendant
to
Execution
,
Issint
fuit
in
diebus
nostris
such
Compositions
secret
Bargains
It
is
accorded
that
a
Parliament
shall
be
holden
and
more
often
,
if
need
be
.
for
maintenance
of
the
said
Articles
and
Statutes
,
and
Redress
of
dibers
which
daily
happen
,
a
Parliament
shall
be
holden
every
year
,
as
another
time
was
ordained
by
Statute
.
Mirrour
of
Justices
Commissioners
,
Trustees
twice
in
the
year
,
or
ostner
,
if
need
were
,
in
time
of
Peace
they
should
Assemble
at
to
speak
their
Minds
for
the
guiding
of
the
People
of
God
,
how
they
should
keep
themselves
from
Offences
,
live
in
quiet
and
have
right
done
them
by
certain
Vsages
and
sound
Judgments
.
Cook
,
4.
Instit.
fol.
wisest
and
most
glorious
in
full
Force
not
Repealed
An
Act
for
the
Assembling
and
holding
of
Parliaments
once
in
three
years
at
the
least
:
Because
by
the
ancient
Laws
and
Statutes
of
this
Realm
,
made
in
the
Reign
of
King
the
third
,
Parliaments
are
to
be
held
very
often
,
your
Majesties
Humble
and
Loyal
Subjects
,
the
Lords
Spiritual
and
Temporal
,
and
the
Commons
in
this
present
Parliament
Assembled
,
most
Humbly
do
beseech
your
most
Excellent
Majesty
,
that
it
may
be
declared
and
Enacted
,
(2)
And
be
it
declared
and
Enacted
by
the
Authority
aforesaid
,
that
hereafter
the
sitting
and
holding
of
Parliaments
shall
not
be
intermitted
or
discontinued
above
Three
Years
at
the
most
;
but
that
within
three
years
from
and
after
the
Determination
of
this
present
Parliament
,
so
from
time
to
time
within
three
years
after
the
Determination
of
and
other
Parliament
or
Parliaments
,
or
if
there
be
occasion
,
more
or
oftner
,
Your
Majesty
,
your
Heirs
and
Successors
,
do
Issue
out
your
Writs
for
calling
,
Assembling
and
holding
of
another
Parliament
,
to
the
end
there
may
be
a
frequent
calling
,
Assembling
and
holding
of
Parliaments
once
in
three
years
at
the
least
.
Irregularities
in
Parliament
shall
make
us
out
of
love
with
Parliaments
,
which
we
look
upon
as
the
best
Method
for
healing
the
distempers
of
the
Kingdom
,
and
the
only
means
to
preserve
the
Monarchy
in
that
due
Credit
and
Respect
which
it
ought
to
have
both
at
home
and
abroad
.
And
for
this
Cause
we
are
resolved
by
the
blessing
of
God
to
have
frequent
Parliaments
;
And
both
in
and
out
of
Parliament
to
use
and
to
Redress
all
the
Grievances
of
our
good
Subjects
,
and
in
all
things
to
Govern
according
to
the
Laws
of
the
Kingdom
.
Parler
la
ment
Cook
.
1
Instit
Witenage
Mote
Great
Mote
[
Meeting
An
Act
of
Parliament
Negative
Voice
joint
Consent
Two
Houses
call
a
Parliament
Dissolved
his
Parliament
viz.
Spiritual
viz
,
Knights
or
Representatives
of
the
Shires
Hen.
6.
cap
That
the
Knights
of
the
Shires
for
the
Parliament
hereafter
to
be
Chosen
,
shall
be
not
able
Knights
of
the
same
Counties
for
which
they
shall
be
chosen
,
such
Notable
Esquires
or
Gentlemen
born
of
the
same
Counties
,
as
shall
be
able
to
be
Knights
,
and
no
man
to
be
such
Knight
which
standeth
in
the
degree
of
a
Yeoman
and
under
.
Episcopal
See
West
minster
Cook
1.
Instit
the
Three
Estates
the
King
first
Estate
,
the
Lords
rank
,
degree
my
Lords
the
Bishops
viz.
Knights
,
Citizens
distinct
Estate
such
a
poize
in
the
Ballance
,
Negative
Voice
distinct
Estate
Negative
Voice
essential
Mark
Estates
;
Temporal
Lords
whole
house
Royal
Assent
no
Negative
an
Estate
Cook
,
1
Instit.
Sect.
Instit.
Fol.
Thomas
Smith
de
Republica
Anglorum
,
L.
2.
Ca.
The
most
high
and
absolute
power
of
the
Realm
of
consisteth
in
the
Parliament
;
for
the
Parliament
abrogateth
old
Laws
,
maketh
new
,
giveth
order
for
things
past
,
and
for
things
hereafter
to
be
followed
,
changeth
the
rights
and
possessions
of
private
men
;
Legitimateth
Bastards
,
Corroborates
Religion
with
Civil
Sanctions
,
Alters
weights
and
Measures
;
PRESCRIBES
THE
RIGHT
OF
SVCCESSION
TO
THE
CROWN
,
defines
doubtfull
Rights
where
there
is
no
Law
already
made
,
Appointeth
Subsidies
,
Taxes
and
Impositions
,
giveth
most
Free
pardons
,
restoreth
in
Blood
and
Name
,
Hen.
8.
Ca.
Whereas
this
Realm
Recognizing
no
superiour
under
God
,
but
the
King
,
hath
been
and
is
free
from
Subjection
to
any
mans
Laws
but
only
to
such
as
have
been
devised
,
made
,
and
ordained
within
this
Realm
,
for
the
wealth
thereof
,
or
to
such
other
as
the
people
of
this
Realm
have
taken
at
their
free
Liberty
by
their
own
consent
to
be
used
amongst
them
,
and
have
bound
themselves
by
long
use
and
Custome
to
the
observance
of
the
same
;
not
to
the
observance
of
the
Laws
of
any
Forreign
Prince
,
Potentate
or
Prelate
,
but
as
—
to
the
accustomed
and
Ancient
Laws
of
this
Realm
,
originally
established
as
Laws
of
the
same
by
the
said
Sufferance
,
Consents
and
Custom
,
and
none
otherwise
.
It
standeth
therefore
with
natural
Equity
and
good
Reason
,
that
all
and
every
such
Laws
Humane
made
within
this
Realm
or
induced
into
this
Realm
,
by
the
said
Sufferance
Consents
and
Custom
,
the
King
and
the
Lords
Spiritual
and
Temporal
and
Commons
Representing
the
whole
of
the
Realm
,
in
the
most
High
Court
of
Parliament
,
have
full
Power
and
Authority
to
dispouse
with
those
and
all
other
Humane
Laws
of
the
Realm
,
and
with
every
one
of
them
,
as
the
quality
of
the
Persons
and
matter
shall
require
.
And
also
the
said
Laws
and
every
of
them
to
abrogate
,
annull
,
amplify
or
diminish
,
as
to
the
King
,
Nobles
,
and
Commons
of
the
Realm
,
present
in
Parliament
,
shall
seem
most
meet
and
convenient
for
the
Wealth
of
the
Realm
.
new
Laws
Thomas
Smith
,
to
the
Crown
the
Common
Line
of
Succession
Eliz.
Cap
That
if
any
Person
shall
in
any
wise
hold
and
affirm
or
maintain
,
that
the
Queen
with
and
by
the
Parliament
of
is
not
able
to
make
Laws
and
Statutes
of
sufficient
force
and
validity
to
Limit
and
bind
the
Crown
of
this
Realm
,
and
the
Descent
,
Limitation
Inheritance
and
Government
thereof
,
or
that
this
present
Statute
,
or
any
part
thereof
,
or
any
by
the
Authority
of
the
Parliament
of
with
the
Royal
Assent
for
Limiting
the
Crown
,
is
not
,
are
not
,
or
shall
not
,
or
ought
not
to
be
for
ever
of
good
and
sufficient
Force
and
validity
to
bind
,
limit
,
restrain
and
Govern
all
Persons
,
their
Rights
and
Titles
,
that
in
any
wise
may
or
might
claim
any
Interest
or
Possibility
in
or
to
the
Crown
of
in
Possession
Remainder
,
Inheritance
,
Succession
or
otherwise
howsoever
,
and
all
other
Persons
whatsoever
,
every
Person
so
holding
affirming
or
maintaining
during
the
Life
of
the
Queen
shall
be
adjudged
an
high
Traitor
,
and
suffer
and
forfeit
as
in
Casts
of
High
Treason
is
accustomed
,
and
every
Person
so
holding
affirming
or
maintaining
after
the
d●c●ase
of
our
said
Sovereign
Lady
shall
forfeit
all
〈◊〉
Good
and
Chattels
.
ill
Ministers
of
State
.
mighty
Delinquents
publick
Nusances
whole
Body
great
and
awful
Senate
Pierce
Gaveston
second
Banishment
an
Angel
Chopt
off
corrupt
and
pernicious
Favourites
Robert
Tresilian
Innocent
Lords
Evil
Councellors
Richard
Empson
Edmond
Dudley
without
Juries
Bakers
Chron.
Fo.
418.
)
two
great
Examples
of
Justice
Giles
Mompesson
new
Inns
exasting
great
Summes
of
Money
Francis
Mitchel
with
his
face
to
the
Horse
tail
Francis
Bacon
,
Viscount
William
Cecil
England
,
That
he
knew
not
what
an
Act
of
Parliament
might
not
doe
Cook
4.
Instit
As
every
Court
of
Justice
hath
Laws
and
Customs
for
its
Direction
,
some
by
the
Common
Law
,
some
by
the
Civil
and
Canon
Law
,
some
by
Peculiar
Laws
and
customes
,
So
the
High
Court
of
Parliament
It
is
that
all
weighty
matters
in
any
Parliament
moved
concerning
the
Peers
,
or
Commons
in
Parliament
assembled
,
ought
to
be
determined
,
adjudged
and
discussed
by
the
and
not
by
the
Civil
Law
,
not
yet
by
the
of
this
Realm
used
in
more
Inseriour
Courts
.
Which
was
so
declared
to
be
concerning
the
Peers
of
the
Realm
,
by
the
King
,
and
all
the
Lords
Spiritual
and
Temporal
,
and
the
like
(
for
the
same
reason
)
is
for
any
thing
moved
or
done
in
the
House
of
Commons
:
and
the
rather
,
for
that
by
another
Law
and
Custom
of
Parliament
,
and
every
Member
of
the
Parliament
hath
a
and
can
be
no
Witn●●●
.
And
this
is
the
Reason
that
to
give
any
opinion
of
a
Matter
of
Parliament
,
because
it
is
not
to
be
decided
by
the
Common
Laws
,
but
And
so
the
Judges
in
diverse
Parliaments
have
confessed
.
And
some
hold
,
that
every
offence
Committed
in
any
Court
panishible
by
that
Court
,
must
be
punished
(
proceeding
Criminally
)
in
the
same
Court
,
or
in
some
higher
,
and
not
any
Inferiour
Court
,
and
the
Court
of
Parliament
hath
no
higher
.
late
House
Affronts
and
Insolencies
send
for
Papers
,
Persons
,
and
Records
?
Anno
20.
Jacobi
on
his
Knees
Anno
21
Jacobi
,
Ingrey
Thomas
Steward
father
Submission
Anno
20
Jacobi
William
Wray
make
whom
they
pleas'd
Majesties
pleasure
upon
their
Knees
at
the
Assizes
Fullers
Church-History
,
L.
so
Criminous
a
Plot
Frame
and
Fabrick
a
Power
not
bounding
it self
with
Laws
,
1619.
Tyranny
Tyranny
accompanied
with
Perjury
Illegal
Commands
,
Hateful
both
to
Prince
and
People
,
Parliaments
and
Parliamentary-Power
no
propriety
I
have
shewed
you
an
Evil
tree
that
bringeth
forth
Evil
fruit
;
and
now
it
rests
with
you
to
determine
,
whether
the
following
Sentence
shall
follow
,
from
Preaching
at
Court
.
Ecclesiastical
Dignity
I
do
here
in
all
sorrow
of
Heart
,
and
true
Repentance
,
acknowledge
those
many
Errors
and
Indiscretions
which
I
have
committed
in
Preaching
and
Publishing
the
two
Sermons
of
mine
,
which
I
called
Religion
and
Allegiance
,
and
my
great
fault
in
falling
upon
this
Theam
again
,
and
handling
the
same
rashly
,
scandalously
and
undavisedly
in
my
own
Parish
Church
in
St.
in
the
Fields
,
the
Fourth
of
last
past
.
I
humbly
acknowledge
these
three
Sermons
to
have
been
full
of
Dangerous
passages
and
Inferences
,
and
scandalous
Aspersions
,
in
most
part
of
them
.
And
I
do
Humbly
acknowledge
the
Just
proceedings
of
this
Honourable
House
against
me
,
and
the
Just
Sentence
and
Judgement
pass'd
upon
me
for
my
great
Offence
.
And
I
do
from
the
bottom
of
my
Heart
crave
Pardon
of
God
,
the
King
,
and
this
Honourable
House
,
and
the
Common-Weal
in
general
,
and
those
worthy
Persons
Adjuged
to
be
reflected
upon
by
me
in
particular
,
for
these
great
Ossences
and
Errors
.
High
Court
Arbitrary
Pleasure
Major
of
the
Pallace
Publick
good
Weak
Grand
Seignior
Prevailing
Concubine
chief
Eunuch
Impotent
Ambition
lazy
insignificant
Gentlemen
Hawks
,
Hounds
Bowling-Green
Meetings
Impertinent
Chaplain
idle
,
Covetous
,
Sycophant
Clergy-men
,
who
like
Absolute
Monarchy
prime
Minister
Implicite
Faith
Huffish
Sir
Johns
Studying
,
Preaching
silly
Curate
Popery
by
the
By
no
Body
in
this
Character
;
but
if
there
be
,
they
are
the
worst
of
men
,
ought
not
only
whom
God
preserve
right
way
too
long
too
seldom
too
frequently
dissolved
frequent
Dissolutions
good
Choice
buy
them
Coachman
or
Groom
buy
his
place
,
rob
his
Masters
Bin
Perpetual
Vassals
can
hardly
be
ruined
,
unless
it
be
by
her
own
Parliaments
Romish
Fopperies
all
such
as
hold
any
Office
of
Considerable
value
during
pleasure
,
Not
to
lead
them
into
Temptation
.
all
those
who
in
their
Profession
,
or
near
Relations
,
have
dependency
upon
the
Court.
such
as
have
been
or
are
like
to
prove
Pensioners
,
secret
Services
Brazen
it
out
S.
F.
by
his
memory
the
books
many
more
fair
Estates
Errant
Fools
needy
Passenger
long
Boat
have
their
dependance
upon
Forreign
Princes
or
States
,
receive
Bribes
and
Gratifications
Fear
,
Flattery
—
Say
not
he
's
but
a
single
person
,
one
man
cannot
do
such
hurt
,
—
single
man
publick
choice
the
Recompence
of
private
Favours
,
pretty
Gentleman
Love
the
Liberties
give
them
that
Freehold
and
Estate
,
Lend
their
Wives
give
their
Children
Drinking
bout
These
seek
Honours
and
Preferments
take
them
off
false
Patriots
no
Minors
sucking
Statesinen
Beard-less
Politicians
Rehoboams
Counsellors
yours
and
you
young
Green
Persons
Nightly
Revellings
an
Author
Some
Senators
are
drawn
from
their
duties
by
Pleasure
;
perhaps
a
party
at
And
while
they
are
—
Some
again
are
so
transported
with
the
Vanity
of
that
rather
then
serve
the
publick
with
or
in
they
'l
let
the
publick
These
,
while
their
Country
lies
at
of
their
of
a
Nothing
methinks
does
less
beseem
a
then
this
this
same
it
spins
out
so
much
time
in
that
it
makes
a
man
e'en
of
a
and
for
the
very
prejudge
the
of
it
.
are
yet
more
dangerous
in
a
Senator
,
in
regard
of
from
the
these
think
a
or
a
of
their
and
while
they
are
taking
perhaps
has
lost
his
or
the
play
the
Protestants
in
Design
,
and
are
indeed
disguised
Papists
,
Laughing
at
the
Popish
Plot
reality
of
a
Presbyterian
Plot
Papal
Interest
good
Sense
,
Reason
blind
Obedience
Implicite
Faith
and
blind
Obedience
in
Religion
,
Implicite
Faith
and
blind
Obedience
in
Government
,
Rule
and
Bond
Civil
Society
Tories
;
Silly
,
Servile
Citizens
Burgesses
whoever
is
not
fit
to
be
chosen
Knight
of
the
Shire
,
is
likewise
unfit
to
be
chosen
a
Burgess
Relieve
you
poor
Old
Bait
Swinging
Tax
give
up
bad
Parliament
small
share
Knavish
Folly
this
is
but
one
man
,
and
can
have
but
one
Vote
,
he
will
do
our
Town
a
great
deal
of
good
,
and
can
do
us
but
little
hurt
if
he
would
,
two
Voices
bad
example
if
all
one
running
Talkative
Ill-man
Hitherto
we
have
talked
Negatives
,
and
described
such
as
are
to
be
Chosen
;
Now
we
came
positively
to
set
before
you
,
who
are
fit
for
such
a
especially
in
such
a
dangerous
Juncture
as
we
are
faln
into
.
In
order
to
which
we
must
consider
for
they
serve
,
and
they
are
principally
The
first
is
,
the
preservation
of
our
Religion
from
Popery
,
the
other
is
to
preserve
inviolable
our
Liberty
and
Property
according
to
the
known
Laws
of
the
Land
,
without
any
giving
way
unto
or
Introduction
of
that
Absolute
and
Arbitrary
Rule
practiced
in
Forreign
Countreys
,
which
we
are
neither
to
imitate
or
regard
—
Therefore
,
men
of
good
Consciences
,
fearing
God
,
large
Principles
Narrow
Souls
at
home
great
Interest
of
England
at
this
day
,
is
,
to
Tolerate
the
Tollerable
,
to
bear
with
the
weak
,
to
encourage
the
Conscientious
,
and
to
restrain
none
but
such
as
would
restrain
all
besides
themselves
.
Protestants
towards
God
,
and
just
towards
men
,
Bears
Nose
Abby
Landed-men
—
Never
to
keep
Faith
with
Hereticks
.
Canon-Law
Distinctions
power
and
priviledges
of
Parliament
English
Courage
Corrupt
and
Ministers
of
State
wicked
Judges
men
of
Industry
and
Improvement
good
Parliament
sit
and
Act
all
Freemen
of
England
whereas
the
Elections
of
Knights
of
Shires
to
come
to
the
Parliaments
of
our
Lord
the
King
,
in
many
Counties
of
the
Realm
of
have
now
of
late
been
made
by
very
great
,
Outragious
and
of
People
,
dwelling
within
the
same
Counties
of
the
Realm
of
of
the
which
most
part
was
of
people
of
and
of
no
value
,
whereof
pretended
a
voice
Equivalent
,
as
to
such
Elections
to
be
made
,
with
the
most
worthy
Knights
and
Esquires
,
dwelling
within
the
same
Counties
,
whereby
Man
Slaughter
,
Riots
,
Batteries
,
and
Divisions
among
the
Gentlemen
,
and
other
People
of
the
same
Counties
shall
very
likely
rise
and
be
,
unless
convenient
and
due
Remedy
be
,
provided
in
this
behalf
:
(2)
our
Lord
the
King
considering
the
premises
,
hath
provided
,
ordained
and
stablished
by
Authority
of
this
present
Parliament
,
that
the
of
the
Shires
to
be
chosen
within
the
said
Realm
of
to
come
to
the
Parliament
of
our
Lord
the
King
hereafter
to
be
holden
,
shall
be
chosen
in
every
County
of
the
Realm
of
by
People
dwelling
and
resident
in
the
same
Counties
,
whereof
every
one
of
them
shall
have
Landor
Tenement
,
to
the
value
of
at
the
least
,
above
all
Charges
,
(3)
and
that
they
which
shall
be
so
chosen
shall
be
dwelling
and
resident
within
the
same
Counties
:
(4)
and
such
as
have
the
greatest
number
of
them
that
may
expend
forty
shillings
by
the
year
and
above
,
as
afore
is
said
,
shall
be
returned
by
the
Sheriffs
of
every
County
,
Knights
for
Parliament
,
by
Indentures
sealed
betwixt
the
said
Sheriffs
and
the
said
Chusers
so
to
be
made
:
(5)
and
every
Sheriff
of
the
Realm
of
shall
have
power
by
the
said
authority
to
examine
upon
the
Evangelists
every
such
Chuser
,
how
much
he
may
expend
by
the
year
:
(6)
and
if
any
Sheriff
returned
Knights
to
come
to
the
Parliament
,
contrary
to
the
said
Ordinance
,
the
Justices
of
Assizes
in
their
Sessions
of
Assizes
shall
have
power
by
the
authority
aforesaid
thereof
to
enquire
,
(7)
and
if
by
inquest
the
same
be
found
before
the
Justices
and
the
Sheriff
thereof
be
duly
attainted
,
that
then
the
said
Sheriff
shall
incur
the
pain
of
an
hundred
pounds
,
to
be
paid
to
our
Lord
the
King
,
and
also
that
he
have
Imprisonment
by
a
year
,
without
being
let
to
mainprise
or
bail
(8)
and
that
the
Knights
for
the
Parliament
returned
contrary
to
the
said
Ordinance
,
shall
lose
their
wages
.
Provided
always
,
that
he
which
cannot
expend
forty
Shillings
by
year
,
as
afore
is
said
,
shall
in
no
wise
be
Chuser
of
the
Knights
for
the
Parliament
;
(2)
and
that
in
every
Writ
that
shall
hereafter
go
forth
to
the
Sheriffs
to
chuse
knights
for
the
Parliament
,
mention
be
made
of
the
said
Ordinances
.
Though
this
Statute
make
the
penalty
on
a
but
100
l.
for
a
false
may
further
punish
him
by
Imprisonment
at
their
pleasure
by
the
Law
and
Custom
of
Parliaments
.
We
shall
now
proceed
to
certain
excellent
Laws
of
a
made
for
the
explanation
and
conservation
of
our
Liberties
;
and
in
the
first
place
present
you
with
that
excellent
Petition
of
Right
,
granted
by
King
the
first
Statutum
de
Tallagio
non
Concedendo
good
Will
and
Assent
Franchise
of
the
Land
Inherited
this
Freedom
not
set
by
Common
Consent
in
Parliament
.
an
Oath
Privy
Council
great
Charter
Land
or
Tenements
special
command
Companies
of
Souldiers
their
Houses
Martial
Law
put
to
death
only
by
Martial
Law
Gift
,
Loan
,
Benevolence
,
Tax
,
as
their
Rights
and
Liberties
The King willeth , that Right be done , according to the Laws and Customs of the Realm , and that the Statutes be put in due Execution , that His Subjects may have no Cause to complain of any wrong , or oppressions , contrary to their just Rights and Liberties : To the Preservation whereof , he holds himself in Conscience as well obliged , as of his Prerogative .
My Lords and Gentlemen !
The Answer I have already given you , was made with so good Deliberation , and approved by the Judgment of so many Wise Men , that I could not have Imagined , but that it should have given you full satisfaction ; but to avoid all ambiguous Interpretations , and to shew you that there is no doubleness in my meaning , I am willing to please you in words , as well as in substance ; read your Petition , and you shall have an Answer that I am sure will please you .
Soit
Droit
Fait
,
Come
est
desire
,
Let
Right
be
done
as
is
desired
.
Book
of
Statutes
as
their
Rights
and
Liberties
Non
vult
ulterius
prosequi
Wales
▪
Scotland
,
Ireland
,
Jersey
,
Guernsey
,
Tangier
,
viz.
Life
,
Liberty
freedom
of
his
person
Civil
Death
All
Cases
Legal
Mittimus
prisoner
of
State
most
wholsome
Law
Felony
,
trueCopy
of
the
Mittimus
true
Copy
any
one
in
Writing
ten
daies
twenty
daies
Felony
,
specially
and
plainly
Expressed
,
not
Bailable
specially
Expressed
kill
the
King
Counterfeiting
the
King's
Coin
stealing
the
goods
last
day
all
places
Windsor
Castle
It
is
Ordained
and
Assented
,
That
the
King's
Castles
and
Gaols
which
were
wont
to
be
Joyned
to
the
Bodies
of
the
Counties
,
and
be
now
Severed
,
shall
be
Rejoyned
to
the
same
Counties
.
Scotland
,
Ireland
,
Jersey
,
Guernsey
,
Tangier
,
are
in
Custody
Car.
2.
Cap.
London
,
Middlesex
Dutchy
of
Lancaster
H.
7.
Ca.
Instit.
fo.
Fines
,
Imprisonment
,
Pillory
,
Cutting
off
Ears
,
Nemo
tenetur
seipsum
Accusare
:
No
man
is
bound
to
accuse
himself
.
no
known
Law
or
Rules
petty
Larceny
Whereas
by
the
Laws
and
Customs
of
this
Realm
,
the
Inhabitants
thereof
cannot
be
compelled
against
their
wills
to
receive
Souldiers
into
their
Houses
,
and
to
sojourn
them
there
,
Be
it
Declared
and
Enacted
by
the
Authority
aforesaid
,
That
no
Officer
,
Military
or
Civil
,
nor
any
other
person
whatever
,
shall
from
henceforth
presume
to
Place
,
Quarter
or
Billet
any
Souldier
or
Souldiers
upon
any
Subject
or
Inhabitant
of
this
Realm
,
of
any
degree
,
quality
or
profession
whatever
,
without
his
consent
;
And
that
it
shall
,
and
may
be
lawful
for
every
such
Subject
and
Inhabitant
,
to
refuse
to
Sojourn
or
Quarter
any
Souldier
or
Souldiers
,
notwithstanding
any
Command
,
Order
,
Warrant
or
Billeting
whatever
.
English
Liberties
other
Laws
Protestant
Dissenters
FOrasmuch
as
divers
persons
offending
in
many
great
Crimes
and
Offences
appertaining
meerly
to
the
Jurisdiction
and
Determination
of
the
Ecclesiastical
Courts
and
Judges
of
this
Realm
,
are
many
times
unpunished
for
lack
and
want
of
the
good
and
due
Execution
of
the
Writ
directed
to
the
Sheriff
of
any
County
,
for
the
taking
and
apprehending
of
any
such
Offenders
:
(
2.
)
The
great
abuse
whereof
,
as
it
should
seem
,
hath
grown
,
for
that
the
said
Writ
is
not
Returnable
in
any
Court
,
that
might
have
the
Judgment
of
the
well
Executing
and
serving
of
the
said
Writ
,
according
to
the
Contents
thereof
;
(
3.
)
But
hitherto
have
been
left
only
to
the
discretion
of
the
Sheriffs
and
their
Deputies
,
by
whose
Negligences
and
Defaults
,
for
the
most
part
,
the
said
Writ
is
not
Executed
upon
the
Offenders
as
it
ought
to
be
.
(
4.
)
By
reason
whereof
,
such
Offenders
be
greatly
encouraged
to
continue
their
sinful
and
criminous
Life
,
much
to
the
displeasure
of
Almighty
God
,
and
to
the
great
contempt
of
the
Ecclesiastical
Laws
of
this
Realm
.
Wherefore
,
for
the
redress
thereof
,
be
it
enacted
by
the
Queens
Most
Excellent
Majesty
,
with
the
assent
of
the
Lords
Spiritual
and
Temporal
,
and
the
Commons
in
this
present
Parliament
assembled
,
and
by
the
Authority
of
the
same
;
That
from
and
after
the
first
day
of
May
next
coming
,
every
Writ
of
that
shall
be
granted
and
Awarded
,
out
of
the
high
Court
of
Chancery
against
any
person
or
persons
within
the
Realm
of
shall
be
made
in
the
time
of
the
Term
(
2.
)
And
Returnable
before
the
Queen's
Highness
,
Her
Heirs
,
and
Successors
in
the
Court
commonly
called
the
in
the
Term
next
after
the
of
the
same
Writ
;
(
3.
)
and
the
same
writ
shall
be
made
to
contain
at
the
least
twenty
days
between
the
and
the
Return
thereof
;
(
4.
)
And
after
the
same
writ
shall
be
so
made
and
sealed
,
that
then
the
said
Writ
shall
be
forthwith
brought
into
the
said
Court
of
and
there
in
the
presence
of
the
Justices
,
shall
be
opened
and
delivered
of
Record
to
the
Sheriffs
or
other
officer
,
to
whom
the
serving
and
Execution
thereof
shall
appertain
,
or
to
his
or
their
Deputy
or
Deputies
?
(
5.
)
And
if
afterward
it
shall
or
may
appear
to
the
Justices
of
the
same
Court
for
the
time
being
,
that
the
same
writ
so
delivered
of
Record
,
be
not
duty
returned
before
them
at
the
day
of
the
return
thereof
;
or
that
any
other
Default
or
Negligence
hath
been
used
or
bad
,
in
the
not
well
serving
and
Executing
of
the
said
Writ
,
that
then
the
Justices
of
the
said
Court
shall
and
may
by
Authority
of
this
Act
,
Assess
such
Amerciament
upon
the
said
Sheriff
or
other
Officer
in
whom
such
Default
shall
appear
,
as
to
the
discretion
of
the
said
Justices
shall
be
thought
meet
and
convenient
;
which
Amerciament
so
Assessed
,
shall
be
Estreated
into
the
Court
of
Exchequer
,
as
other
Amerciaments
have
been
used
.
And
he
it
further
Enacted
by
the
Authority
aforesaid
,
That
the
Sheriff
or
other
Officer
to
whom
such
writ
of
or
other
Process
by
virtue
of
this
Act
,
shall
be
directed
,
shall
not
in
any
wise
be
compelled
to
bring
the
Body
of
such
person
or
persons
,
as
shall
be
named
in
the
said
writ
or
Process
,
into
the
said
Court
of
the
at
the
day
of
the
Return
thereof
;
(
2.
)
But
shall
only
Return
the
same
Writ
and
Process
thither
,
with
Declaration
briefly
how
and
in
what
manner
he
hath
served
and
Executed
the
same
,
to
the
intent
that
thereupon
the
said
Justices
may
then
further
therein
proceed
,
according
to
the
Tenour
and
Effect
of
this
present
Act.
And
if
the
said
Sheriff
or
other
Officer
to
whom
the
Execution
of
the
said
writ
shall
so
appertain
,
do
or
shall
Return
,
that
the
party
or
parties
named
in
the
said
Writ
,
cannot
be
found
within
his
Bailiwick
,
that
then
the
said
Justices
of
the
for
the
time
being
,
upon
every
such
Return
,
shall
Award
one
Writ
of
against
the
said
Persons
or
Persons
named
in
the
said
Writ
of
Returnable
in
the
same
Court
in
the
Term-time
,
two
moneths
at
least
next
after
the
thereof
;
(
3.
)
With
a
Proclamation
to
be
contained
within
the
said
Writ
of
that
the
Sheriff
or
other
Officers
,
to
whom
the
said
Writ
shall
be
directed
,
in
the
full
County-Court
,
or
else
at
the
General-Assizes
and
Goal-delivery
to
be
holden
before
within
the
said
County
,
or
at
a
Quarter-Sessions
to
be
holden
before
the
Justices
of
the
Peace
within
the
said
County
,
shall
make
open
Proclamation
ten
daies
at
the
least
before
the
Return
,
that
the
party
or
parties
named
in
the
said
Writ
,
shall
within
six
days
next
after
such
Proclamation
,
yield
his
or
their
Body
or
Bodies
to
the
Prison
of
the
said
Sheriff
or
other
such
Officer
,
there
to
remain
as
a
Prisoner
according
to
the
Tenour
and
Effect
of
the
first
Writ
of
upon
pain
or
forfeiture
of
ten
pounds
:
(
4.
)
And
thereupon
after
such
Proclamation
had
,
and
the
said
six
days
past
and
expired
,
then
the
said
Sheriff
or
other
Officer
,
to
whom
such
Writ
of
shall
be
directed
,
shall
make
Return
of
the
same
Writ
of
into
the
said
Court
of
the
of
all
that
he
hath
done
in
the
Execution
thereof
,
and
whether
the
party
named
in
the
said
Writ
,
have
yielded
his
Body
to
Prison
or
not
.
And
if
upon
the
Return
of
the
said
Sheriff
,
it
shall
appear
,
that
the
party
or
parties
named
in
the
same
Writ
of
or
any
of
them
,
have
not
yielded
their
Bodies
to
the
Goal
and
Prison
of
the
said
Sheriff
,
or
other
Officer
,
according
to
the
Effect
of
the
same
Proclamation
;
that
then
every
such
person
that
so
shall
make
default
,
shall
for
every
such
default
forfeit
to
the
Queens
Highness
,
Her
Heirs
and
Successors
ten
pounds
,
(
2.
)
Which
shall
likewise
be
Estreated
by
the
said
Justices
into
the
said
Court
of
Exchequer
,
in
such
manner
and
form
as
fines
and
Amerciaments
there
taxed
and
assessed
,
are
used
to
be
.
And
thereupon
the
said
Justices
of
the
shall
also
award
forth
another
Writ
of
against
the
said
person
or
persons
that
so
shall
be
Returned
to
have
made
default
,
with
such
like
Proclamation
,
as
was
contained
in
the
first
and
a
pain
of
twenty
pounds
,
to
be
mentioned
in
the
said
second
Writ
and
Proclamation
:
(2)
And
the
Sheriff
,
or
other
Officer
,
to
whom
the
said
second
Writ
,
of
shall
be
so
directed
,
shall
serve
and
Execute
the
said
Writ
,
in
such
like
manner
and
form
,
as
before
is
Expressed
for
the
serving
and
Executing
of
the
said
first
Writ
of
And
if
the
Sheriff
or
other
Officer
shall
return
upon
the
said
second
that
he
hath
made
the
Proclamation
according
to
the
tenout
and
Effect
of
the
same
Writ
,
and
that
the
party
hath
not
yielded
his
Body
to
Prison
,
according
to
the
Tenour
of
the
said
Proclamation
;
that
then
the
said
party
that
so
she
ll
make
default
,
shall
for
such
his
contempt
and
default
,
forseit
to
the
Queens
Highness
,
Her
Heirs
and
Successors
,
the
Sum
of
twenty
pounds
;
(
4.
)
which
said
Sum
of
twenty
pounds
,
the
said
Justices
of
the
for
the
time
being
,
shall
likewise
cause
to
be
Estreated
into
the
said
Court
of
Exchequer
,
in
manner
and
form
aforesaid
.
And
then
the
said
Justices
shall
likewise
Award
forth
another
Writ
of
against
the
said
party
,
with
such
Proclamation
and
pain
of
forfeiture
,
as
was
contained
in
the
said
second
writ
of
and
the
Sheriff
or
other
Officer
to
whom
the
said
Third
writ
of
shall
be
so
directed
,
shall
serve
and
Execute
the
said
writ
of
in
such
like
mannor
and
form
as
before
in
this
Act
is
expressed
and
declared
,
for
the
serving
and
Executing
of
the
said
first
and
second
writs
of
And
if
the
Sheriff
or
other
Officer
to
whom
the
Execution
of
the
said
third
writ
shall
appertain
,
do
make
Return
of
the
said
third
writ
of
that
the
Party
upon
such
Proclamation
hath
not
yielded
his
Body
to
Prison
,
according
to
the
Tenour
thereof
,
that
then
every
such
party
for
every
such
contempt
and
default
,
shall
likewise
forfeit
to
the
Queen's
Majesty
,
Her
Heirs
and
Successors
,
other
twenty
pounds
:
(
4.
)
which
Sum
of
twenty
pound
shall
likewise
be
Estreated
into
the
said
Court
of
the
Exchequer
,
in
manner
and
form
aforesaid
:
(
5.
)
And
thereupon
the
said
Justices
of
the
shall
likewise
Award
forth
one
writ
of
against
the
said
party
,
with
like
Proclamation
,
and
like
pain
of
forfeiture
of
twenty
pound
:
(
6.
)
And
that
also
the
said
Justices
shall
have
Authority
by
this
Act
,
infinitely
to
Award
such
Process
of
with
such
like
Proclamation
and
pain
of
forf●iture
of
twenty
pound
as
is
before
Limited
,
against
the
said
party
,
that
so
shall
make
default
in
yielding
of
his
B●●y
to
the
Prison
of
the
Sheriff
,
until
such
time
as
by
return
of
some
of
the
said
writs
before
the
said
Justices
,
it
shall
and
may
appear
,
that
the
said
party
hath
yielded
himself
to
the
Custody
of
the
said
Sheriff
,
or
other
Officer
,
according
to
the
Tenour
of
the
said
Proclamation
;
(
7.
)
And
that
the
party
upon
every
default
and
contempt
by
him
made
against
the
Proclamation
of
any
of
the
said
writs
so
infinitely
to
be
Awarded
against
him
,
shall
incur
like
pain
and
forfeiture
of
twenty
pound
,
which
shall
likewise
be
Estreated
in
manner
and
form
aforesaid
.
And
be
it
further
enacted
by
the
Authority
aforesaid
,
That
when
any
person
or
persons
shall
yield
his
or
their
Body
or
Bodies
to
the
hands
of
the
Sheriff
,
or
other
Officer
,
upon
any
of
the
said
Writs
of
that
then
the
same
party
or
parties
that
shall
so
yield
themselves
,
shall
remain
in
the
Prison
and
Custody
of
the
said
Sheriff
,
or
other
Officer
,
without
Bail
,
Basion
or
Mainprise
,
in
such
like
manner
and
form
,
to
all
intents
and
purposes
,
as
he
or
they
should
or
ought
to
have
done
,
if
he
or
they
had
been
apprehended
and
taken
upon
the
said
Writ
of
And
be
it
further
Enacted
by
the
Authority
aforesaid
,
that
if
any
Sheriff
or
other
Officer
,
by
whom
the
said
Writ
of
or
any
of
them
shall
be
Returned
,
as
is
aforesaid
,
do
make
an
untrue
Return
upon
any
the
said
Writs
,
that
the
party
named
in
the
said
Writ
,
hath
not
yielded
his
Body
upon
the
said
Proclamations
,
or
any
of
them
,
where
indeed
the
party
did
yield
himself
according
to
the
effect
of
the
same
,
that
then
every
such
Sheriff
or
other
Officer
,
for
every
such
false
and
untrue
Return
,
shall
forfeit
to
the
party
grieved
,
and
damnified
by
the
said
Return
;
the
Sam
of
For
the
which
Sum
of
the
said
party
grieved
shall
have
his
Recovery
and
due
Remedy
by
Action
of
Debt
,
Bill
,
Plaint
,
or
Information
,
in
any
of
the
Queens
Courts
of
Record
,
in
which
Action
,
Bill
,
Plaint
,
or
Information
,
no
Essoign
,
Protection
or
Wager
of
Law
shall
be
admitted
or
allowed
for
the
party
Defendant
.
Saving
and
Reserving
to
all
Arch
Bishops
and
Bishops
,
and
all
others
,
having
Authority
to
certisie
any
person
Excommunicated
,
and
like
Authority
to
accept
,
and
receive
the
submission
and
satisfaction
of
the
said
person
so
Excommunicated
;
in
manner
and
form
heretofore
used
;
(
2.
)
And
him
to
Absolve
and
Release
,
and
the
same
to
signifie
,
as
heretofore
it
hath
been
accustomed
,
to
the
Queen's
Majesty
,
Her
Heirs
and
Successors
,
into
the
High
Court
of
Chancery
,
(
3.
)
And
thereupon
to
have
such
Writs
for
the
deliverance
of
the
said
person
so
absolved
and
released
from
the
Sheriff's
Custody
or
Prison
,
as
heretofore
they
,
or
any
of
them
had
,
or
of
right
ought
,
or
might
have
had
;
any
thing
in
this
present
Statute
specified
or
contained
to
the
contrary
hereof
in
any
wise
notwithstanding
.
Provided
alwayes
,
That
in
the
Counties
Palatines
of
and
in
the
Cinque
Ports
,
being
Jurisdictions
and
places
Exempt
,
where
the
Queen's
Majesty
's
Writ
does
not
run
,
and
process
of
from
thence
not
Returnable
into
the
said
Court
of
the
after
any
being
of
Record
in
the
said
Court
of
The
Tenour
of
such
shall
be
sent
to
such
of
the
Head
Officers
of
the
said
Country
of
Counties
Palatines
,
and
places
Exempt
,
within
whose
Offices
,
Charge
or
Jurisdiction
,
the
Offenders
shall
be
Resiant
;
that
is
to
say
,
to
the
Chancellour
or
Chamberlain
for
the
said
County
Palatine
of
and
for
the
Cinque-Ports
,
to
the
Lord
Warden
of
the
same
,
and
for
and
the
County
Palatine
of
to
the
Chief
Justice
or
Justices
there
:
(
2.
)
And
thereupon
every
of
the
said
Justices
and
Officers
,
to
whom
such
Tenour
of
shall
be
directed
and
delivered
,
shall
by
virtue
of
this
Estatute
,
have
Power
and
Authority
,
to
make
like
Process
to
the
Inferiour
Officer
,
and
Officers
,
to
whom
the
Execution
of
Process
there
doth
appertain
,
Returnable
before
the
Justices
there
,
at
their
next
Sessions
or
Courts
;
two
Moneths
at
the
least
after
the
of
every
such
Process
:
(
3.
)
So
alwayes
,
as
in
every
degree
they
shall
proceed
in
their
Sessions
and
Courts
against
the
Offenders
,
as
the
Justices
of
the
said
Court
of
are
Limited
by
the
Tenour
of
this
Act
,
in
Term-times
to
do
and
Execute
.
Provided
also
,
and
be
it
Enacted
,
That
any
person
at
the
time
of
any
Process
of
aforementioned
,
Awarded
,
being
in
Prison
,
or
out
of
this
Realm
in
the
parts
beyond
the
Sea
,
or
within
Age
,
or
of
or
woman
Covert
,
shall
not
incur
any
of
the
pains
or
forfeitures
aforementioned
,
which
shall
grow
by
any
Return
or
Default
happening
,
during
such
time
of
Nonage
,
Imprisonment
,
being
beyond
the
Sea
,
or
And
that
by
virtue
of
this
Estatute
,
the
party
grieved
may
plead
every
such
cause
or
matter
in
bar
of
,
and
upon
the
distress
,
or
other
Process
that
shall
be
made
for
Levying
of
any
of
the
said
pains
,
or
forfeitures
.
And
if
that
the
Offender
against
whom
any
such
Writ
of
shall
be
Awarded
,
shall
not
in
the
same
Writ
of
have
a
sufficient
and
lawful
addition
according
to
the
form
of
the
Statute
of
the
Fifth
,
in
cases
of
certain
Suits
,
whereupon
Process
of
Exigent
are
to
be
Awarded
:
(
2.
)
Or
if
in
the
it
be
not
contained
,
that
the
Excommunication
doth
proceed
upon
some
cause
or
contempt
of
some
Original
matter
of
Heresie
,
or
refusing
to
have
his
or
their
child
Baptized
,
or
to
recieve
the
Holy
Communion
as
it
is
now
commonly
used
to
be
Received
in
the
Church
of
or
to
come
to
Divine
Service
,
now
commonly
used
in
the
said
Church
of
or
Errour
in
matters
of
Religion
,
or
Doctrine
now
received
and
allowed
in
the
said
Church
of
Incontinency
,
Vsury
,
Simony
,
Perjury
in
the
Ecclesiastical
Court
,
or
Idolatry
.
(
3.
)
That
then
all
and
every
pains
and
forfeitures
limited
against
such
persons
Excommunicate
by
this
statute
by
reason
of
such
Writ
of
wanting
sufficient
Addition
,
or
of
such
wanting
all
the
Causes
afore
mentioned
,
shall
be
utterly
void
in
Law
;
(
4.
)
and
by
way
of
Plea
to
be
allowed
to
the
party
grieved
.
And
if
the
Addition
shall
be
with
a
of
the
place
,
Then
in
every
such
case
,
at
the
Awarding
of
the
first
with
Proclamation
according
to
the
form
mentioned
,
one
Writ
of
Proclamation
(
without
any
pain
expressed
)
shall
be
Awarded
into
the
County
,
where
the
Offender
shall
be
most
commonly
Resiant
at
the
time
of
the
Awarding
of
the
said
first
with
pain
,
in
the
same
Writ
of
Proclamation
,
to
be
returnable
the
day
of
the
return
of
the
said
first
with
pain
and
Proclamation
thereupon
at
some
one
such
time
and
Court
,
as
is
Prescribed
for
the
Proclamation
upon
the
said
first
with
pain
:
(
2.
)
And
if
such
Proclamation
be
not
made
in
the
County
where
the
Offender
shall
be
most
commonly
Resiant
,
in
such
cases
of
Addition
of
That
then
such
Offenders
shall
sustain
no
pain
or
forfeitures
by
vertue
of
this
Statute
,
for
not
yielding
his
or
her
body
,
according
to
the
Tenour
afore-mentioned
,
any
thing
before
specified
,
and
to
the
Contrary
hereof
in
any
wise
Notwithstanding
.
Sacred
Name
Spiritual
Phrases
trivial
Crimes
Light
and
precipitant
Excommunicatio
sive
Justa
,
sive
Injusta
est
timenda
;
A
Church-Curse
,
be
it
Just
,
or
Unjust
,
is
to
be
feared
.
of
Law
Legal
Bars
disabled
to
Sue
Bishop
himself
prove
the
Will
Sue
for
his
Legacy
in
any
Nation
in
the
world
few
Tears
King's
Bench
Cowel
)
a
Title
over
and
above
his
Christian
and
Sirname
,
shewing
his
State
,
Degree
,
Trade
,
Occupation
,
or
Mystery
and
the
Hamlet
,
Town
,
Parish
,
and
County
viz.
1.
Heresie
Divine
Service
;
5.
Errour
Incontinency
;
7.
usury
;
8.
Simony
;
9.
Perjury
a
Copy
of
the
Significavit
Excom.
Cap.
Naked
Truth
A
true
Guide
for
all
persons
concerned
in
Ecclesiastical
Courts
If
the
party
being
duly
Cited
,
Denieth
,
or
Omitteth
to
appear
:
Doors
of
his
House
Church
Doors
Excommunicated
for
Contempt
That
he
shall
appear
the
third
day
after
the
Service
of
the
Citation
.
if
he
he
will
give
the
Apparator
he
must
bring
him
the
full
and
true
Copy
of
the
Citation
.
Superiour
Court
Totus
dies
debetur
Delinquenti
King's
Court
Hen.
5.
Ca.
appeareth
in
person
by
a
Proctor
more
Fees
Promoter's
Hand
and
Seal
sight
of
both
those
any
Proctor
is
liable
to
the
Parties
Action
,
If
there
be
no
Act
of
Court
he
cannot
Recover
Costs
Legal
Adversary
Statute-Law
,
Every
Informer
Civil
and
Canon
Law
Voluntary
Promoter
Ecclesiastical
Courts
Eliz.
5.
18.
Eliz.
5.
21.
Jac.
Informers
Upon
any
Penal
Statutes
Ecclesiastical
Courts
Statutes
of
this
Realm
,
as
well
as
contrary
matter
and
form
of
his
Libel
.
Ecclesiastical
Court
Promotors
Petition
for
Right
and
Justice
one
of
the
Diocess
He
cannot
determine
the
Bounds
of
Diocesses
and
parishes
,
but
for
that
he
Referreth
himself
to
the
Law
.
no
Act
of
Grace
or
Oblivion
,
which
hath
pardoned
them
;
and
whether
they
be
not
such
things
as
he
hath
been
punished
for
,
or
such
things
as
the
Statute-Law
hath
Limited
the
prosecution
of
to
a
less
time
than
a
year
:
whether
he
be
charged
certainly
or
particularly
,
void
in
Law
generality
or
incertainty
of
it
from
which
can
be
no
Discharge
,
Persons
Learned
in
the
Statute-Laws
Enacted
,
Ratifyed
,
Allowed
,
or
Confirmed
by
Parliament
,
or
by
the
Established
Laws
of
the
Land
,
Adverse
Proctor
Commission
to
Examine
party
Defendant
will
Adversaries
Witnesses
Advise
his
own
Witnesses
to
be
very
careful
that
the
Register
setteth
down
what
they
say
,
in
their
own
words
,
that
under
the
pretence
of
putting
them
into
a
decent
phrase
,
their
whole
sense
be
not
altered
.
time
Probatory
Copy
of
the
depositions
Particular
Exceptions
general
Exceptions
two
Witnesses
Vox
unius
est
Vox
Nullius
by
one
Witness
Received
Rules
Church
Wardens
presentment
is
a
Conviction
,
presentment
by
Officers
ex
Officio
Conviction
,
If
Grand
Juries
Kings
Court
time
for
proof
Absolutory
Sentence
Prosecution
is
Acts
of
the
Courts
in
his
Case
,
under
the
Registers
hand
,
those
Courts
Proctors
,
Solicitors
ill
men
ways
and
means
If
the
Party
Imprisoned
hath
brought
a
PROHIBITION
,
by
which
the
Ecclesiastical
Court
hath
been
commanded
to
proceed
no
further
,
and
to
absolve
the
Person
,
if
Excommunicated
,
and
the
Judge
hath
disobeyed
the
Writ
,
and
signified
and
procured
the
Party
to
be
imprisoned
,
the
person
that
is
imprisoned
Original
writs
If
the
Party
imprisoned
,
or
against
whom
the
Writ
is
to
take
him
,
though
he
be
not
taken
,
hath
appealed
according
to
the
Statute
,
If
he
bringeth
into
the
an
Authentick
copy
of
his
Appeal
,
he
shall
have
a
Writ
of
to
stop
the
Sheriff
from
apprehending
him
,
or
to
deliver
him
if
he
be
apprehended
,
Register
of
Original
Writs
Inferiour
Ecclesiastical
Courts
Right
,
Power
Authority
of
Superiour
Courts
If
a
Person
be
sued
in
the
Ecclesiastical
Courts
for
a
matter
not
within
their
Jurisdiction
,
and
they
have
caught
him
upon
contempt
,
in
not
appearing
or
not
obeying
their
Sentence
:
If
the
imprisoned
Person
,
or
he
against
whom
the
Writ
is
out
,
though
he
be
not
taken
,
bring
a
Copy
of
the
Bishops
into
the
Courts
at
Majori
Excommunicatione
Authoritate
nostra
ordinaria
:
if
the
Party
Excommunioated
be
not
expressed
by
name
,
Register
of
Writs
That
the
Articles
or
matter
of
the
Libel
must
be
expressed
,
Dr.
Cozens
If
there
were
full
twenty
days
betwixt
the
Test
and
Return
.
3.
If
it
be
made
Returnable
the
next
Term.
4.
If
there
be
due
Additions
in
it
.
5.
If
before
it
was
delivered
to
the
Sheriff
,
it
were
Entered
upon
Record
in
the
and
made
Returnable
into
that
Court.
Writ
,
de
Cautione
Admittenda
Cozens
Apology
Cautionary
Bonds
The
Register
of
Original
Writs
,
fol.
Fidejussory
Caution
Bond
and
Sureties
Oath
,
stare
mandatis
Ecclesiae
,
To
obey
the
commands
of
holy
Church
.
sufficient
Caution
Car.
1.
Ca.
Car.
2.
Ca.
Book
of
Articles
Common
Pleas.
Protestant
Dissenters
against
Papists
Five
,
viz.
Elizabeth
Ca.
Elizabeth
Ca.
Jac.
Ca.
Jac.
Ca.
Eliz.
Cap.
Whig
,
Sectary
honest
Council
unhappy
Memory
An
Act
to
Restore
to
the
Crown
the
antient
Jurisdiction
,
&c.
1.
Eliz.
Ca.
[
Section
the
18th
Commissions
under
the
Broad
Seal
[
Bishops
or
Laymen
,
no
matter
which
]
Ecclesiastical
Courts
An
Act
of
Vniformity
,
and
Common
Prayer
,
and
Service
in
the
Church
,
and
Administration
of
the
Sacrament
,
the
penalty
of
for
not
coming
to
Church
every
Sunday
and
Holy-day
.
4l.
1s
.
p.
An.
The
Feast
of
St.
the
Arch-Angel
't
is
St.
and
all
Angels
S.
Michael
by
the
by
repair
to
his
own
Parish
Church
,
some
usual
place
where
Common
Prayer
shall
be
used
,
Read's
Meeting-House
Eliz.
Cap.
An
Act
to
Retain
the
Queens
Majesties
Subjects
in
their
due
Obedience
.
Reconcile
any
or
for
any
to
be
Reconciled
to
the
See
of
said
Stat.
1.
Eliz.
C.
An
Act
against
the
bringing
in
,
and
putting
in
Execution
of
Bulls
,
Writings
&
Instruments
,
and
other
Superstitious
things
from
the
See
of
IN
RESPECT
OF
THE
SAME
l.
p.
wholly
against
the
Papists
Eliz.
Cap.
Popish
Recusants
l.
p.
good
Behaviour
l.
p.
Popish
Recusants
only
Papists
Jac.
Ca.
An
Act
for
the
due
Execution
of
the
Statutes
against
Jesuites
,
Seminary
Priests
,
Recusants
,
For
the
better
and
more
due
Execution
of
the
Statutes
heretofore
made
[
Against
whom
?
]
against
Jesuites
,
Seminary
Priests
,
and
other
Serminaries
]
as
also
against
all
manner
of
Recusants
Be
it
Enacted
That
all
&
every
the
Statutes
heretofore
made
against
Jesuites
,
seminary
Priests
and
other
Priests
,
Deacons
,
and
Religions
and
Ecclesiastical
Persons
whatsoever
made
,
ordained
or
professed
,
or
to
be
made
by
any
Authority
or
Jurisdiction
derived
,
Challenged
,
or
pretended
from
the
See
of
together
with
all
those
made
against
any
manner
of
Recusants
Lay
men
shall
be
put
in
due
and
Exact
Execution
.
Jac.
Ca.
An
Act
for
discovering
and
Repressing
Popish
Recusants
.
Popish
Recusants
divine
Service
Papists
still
in
their
hearts
busy
Officer
Joyn
Issue
no
such
person
as
these
Acts
intend
,
being
not
a
Papist
.
have
declared
two
or
three
single
Judge
Wolves
and
the
Foxes
very
same
steps
That
it
is
the
opinion
of
this
House
,
That
the
Acts
of
Parliament
made
in
the
Reigns
of
Queen
and
King
against
Popish
Recusants
,
ought
not
to
be
extended
against
Protestant
dissenters
.
Legal
Arms
Eliz.
Ca.
An
Act
to
Retain
the
Queen's
Majesties
Subjects
in
their
due
Obedience
.
this
Act
Committed
to
Prison
without
Bail
No
Popish
abjure
by
vertue
of
this
Act.
Frustra
fit
per
plura
quod
fieri
potest
per
pauciora
.
God
and
the
Law
do
nothing
in
vain
.
Eliz.
is
not
now
in
force
,
This
Act
to
continue
no
longer
than
to
the
end
of
the
next
Session
of
Parliament
.
‛
That
this
Statute
of
the
35.
of
shall
be
adjudged
ever
since
the
Session
in
the
Seventh
Year
of
His
Majesties
Reign
of
to
have
been
of
such
force
and
effect
,
as
the
same
were
the
last
day
of
that
Session
,
and
from
thenceforth
to
the
end
of
the
first
Session
of
the
next
Parliament
.
no
force
Caroli
primi
That
it
shall
continue
to
the
end
of
the
first
Session
of
the
next
Parliament
,
in
such
force
and
effect
as
it
was
the
first
year
of
the
first
Caroli
secundi
An
Act
to
prevent
and
suppress
seditious
Conventicles
.
An
Act
to
retain
the
Queens
Majesties
Subjects
in
their
due
Obedience
,
Car.
2di
It
is
hereby
declared
that
it
is
in
force
,
and
ought
to
be
put
in
execution
is
hereby
enacted
,
that
it
shall
be
set
on
foot
again
one
Law
that
Session
Car.
2d
next
Session
lives
itself
Protestant
Dissenters
Car.
secundi
no
Laws
An
Act
for
the
Vniformity
of
publick
Prayers
,
and
Administration
of
Sacraments
,
and
other
Rites
and
Ceremonies
,
and
for
the
establishing
the
Form
of
making
,
ordaining
,
and
consecrating
of
Bishops
,
Priests
and
Deacons
in
the
Church
of
Chester
,
Lancaster
Car.
2di
,
chap.
A.
B.
A.
B.
upon
Proof
perfect
Conviction
Tryal
by
a
Jury
on
Certificate
Shall
know
or
be
credibly
Informed
Be
thereof
Convicted
in
manner
aforesaid
,
two
Witnesses
not
according
he
may
Appeal
by
Jury
second
time
Breaking
open
Demand
and
Denial
Car.
2d.
Cap.
Abstract
of
the
Laws
most
Laws
most
Offences
High
Treason
,
5
Eliz.
High
Treason
,
5
Eliz.
Rome
,
High
Treason
,
13
Eliz.
Reconcile
,
OR
TO
BE
RECONCILED
High
Treason
,
23
Eliz.
High
Treason
.
27
Eliz.
High
Treason
,
27
Eliz.
Misprision
of
Treason
,
13
Eliz.
Misprision
of
Treason
,
23
Eliz.
Felony
,
27
Eliz.
not
to
be
Reconciled
Felony
,
3
Jac.
Rome
,
Premunire
,
5
Eliz.
Agnus
Dei
Rome
,
Premunire
,
13
Eliz.
2.
23
Eliz.
Rome
,
Premunire
,
13
Eliz.
2.
23
Eliz.
Premunire
,
27
Eliz.
Oath
of
Allegiance
Premunire
,
3
Jac.
not
Discovering
Imprisonment
,
27
Eliz.
Imprisonment
,
29
Eliz.
Imprisonment
,
3
Jac.
Kings-Bench
,
23
Eliz.
London
,
3
Jac.
the
House
twenty
Pounds
Eliz.
1.
3
Jac.
&c.
3
Jac.
Tenant
by
Courtesie
Dower
,
Jointure
,
Free
Banks
,
Rome
,
30
Car.
precious
Priviledges
last
place
miserable
Follies
Trials
per
pais
highest
Moment
France
,
Spain
,
Italy
Lusts
of
Tyrants
savage
Cruelty
Lives
,
Liberties
sufficient
Evidence
Ill
will
profligate
Evidence
[
Coke
3.
part
of
Instit.
Not
Guilty
Corrupt
Ministers
Honourable
Persons
petty
Jury
Interests
Passion
,
Haste
English
Parliaments
Instit.
Sect.
Free
man
Freedome
of
mind
least
Suspicious
Liber
&
Legalis
homo
No
Protestant
at
all
Non-Conformist
to
Holy
Church
(
quâ
tales
all
Knights
The
Mirrour
of
Justices
Andrew
Horn
2d
.
JVDGES
,
Judges
Ordinaries
sunt
Suitors
Associates
and
Assistants
to
the
Judges
of
the
Court
in
a
kind
of
Equality
,
whereas
now
a
dayes
they
attend
them
in
great
Humility
:
mark
of
Honour
Hats
on
Caps
off
Duty
and
Office
Twelve
at
least
of
them
agree
,
Petty
Jury
of
Life
and
Death
Grand
Inquest
own
knowledge
in
Form
Billa
Vera
Ignoramus
,
[
We
are
Ignorant
]
viz.
25
Edw.
That
for
preventing
Mischiefs
done
by
FALSE
ACCVSERS
,
none
should
be
put
to
answer
,
unless
it
be
by
Indictment
or
Presentment
of
good
and
lawful
People
of
the
same
Neighbourhood
where
such
Deeds
be
done
,
own
knowledge
never
a
Witness
at
all
no
Witnesses
Gentlemen
,
here
is
stands
Indicted
of
such
a
Crime
,
but
here
's
no
Witnesses
come
against
him
,
so
that
unless
on
your
own
knowledge
you
know
him
Guilty
,
you
must
Acquit
him
Testimony
of
Witnesses
diligently
Inquire
Coke
L.
Billa
Vera
whole
talk
foregoing
and
subsequent
To
affirm
the
King
has
no
more
Right
to
the
Crown
of
than
I
have
,
(
which
is
the
Opinion
of
the
Jesuits
,
of
his
Majesty
,
if
once
Excommunicated
by
the
Pope
)
is
detestable
Treason
:
The
King
had
no
more
Right
to
the
Crown
than
he
had
:
Psalms
,
The
Fool
hath
said
in
his
Heart
there
is
no
God
:
There
was
no
God
He
said
there
was
no
God
.
Grand
Inquiry
Samuel
Wright
John
Good
Old
Baily
December
1681.
Good
They
say
so
and
so
They
are
Regnes
for
saying
it
Dalton
,
p.
No
less
care
or
Concern
at
all
lies
on
the
Grand
Jury
,
than
does
on
the
Petty
Jury
:
That
you
ought
to
find
a
Bill
upon
any
probable
Evidence
,
for
't
is
but
matter
of
Course
,
a
Ceremony
,
a
Business
of
Form
,
only
an
Accusation
,
the
party
is
to
come
before
another
Jury
,
and
there
may
make
his
Defence
:
Grand
Juries
Cook
3.
Iustit.
Billa
vera
,
It
is
true
,
Ignoramus
,
We
know
not
That
it
is
not
true
Billa
Vera
Treasonably
,
Seditiously
,
&c.
Littleton
,
Sect.
Maliciously
,
Seditiously
,
with
such
and
such
an
Intention
,
such
a
design
Not
Guilty
vain
fear
To
keep
secret
your
fellows
Counsel
and
your
own
John
Vaughan
and
others
of
a
Jury
having
at
a
Sessions
not
found
(
Two
Quakers
)
Guilty
of
a
Trespass
,
Contempt
,
Vnlawful
Assembly
and
Tumult
,
whereof
they
had
been
Indicted
,
were
fined
forty
pound
a
man
,
and
Committed
till
they
should
pay
it
.
brings
his
and
upon
the
Return
it
appeared
he
was
Committed
,
—
For
that
contrary
to
Law
,
and
against
full
and
Clear
Evidence
openly
given
in
Court
,
and
against
the
Directions
of
the
Court
in
matter
of
Law
,
they
had
Acquitted
the
said
to
the
great
Obstruction
of
Justice
,
Which
upon
solemn
Argument
was
by
the
Judges
Resolved
,
to
be
an
Insufficient
Cause
of
fining
and
committing
them
,
and
they
were
discharged
,
and
afterwards
brought
Actions
for
their
Dammage
.
One
fault
in
the
Return
is
,
That
the
Jurors
are
not
said
to
have
Acquitted
the
persons
Indicted
,
against
full
and
manifest
Evidence
,
For
how
manifest
soever
the
Evidence
was
,
if
it
were
not
manifest
to
them
,
and
that
they
Believed
it
such
,
it
was
not
Vpon
which
Difference
the
Law
of
punishing
Jurors
for
false
Verdicts
,
principally
Depends
,
I
would
know
,
whether
any
thing
be
more
Common
,
than
for
two
men
,
Students
,
Barristers
,
or
Judges
,
to
deduce
Contrary
and
opposite
Conclusions
out
of
the
same
Case
in
Law
?
And
is
there
any
Difference
that
two
men
should
Infer
distinct
Conclusions
from
the
same
Testimony
?
is
any
thing
more
known
,
than
that
the
same
Author
and
place
in
that
Author
,
is
forceably
urg'd
to
maintain
contrary
Conclusions
,
and
the
Decision
hard
which
is
in
the
Right
?
is
any
thing
more
frequent
in
the
controversies
of
Religion
,
than
to
press
the
same
Texts
for
Opposite
Tenets
?
How
then
comes
it
to
pass
,
that
two
persons
may
not
apprehend
with
Reason
and
Honesty
,
what
a
Witness
,
or
many
say
,
to
prove
in
the
Vnderstanding
of
one
plainly
one
thing
,
but
in
the
Apprehension
of
the
other
clearly
the
contrary
thing
?
must
therefore
one
of
these
Merit
because
he
doth
that
which
he
cannot
otherwise
do
,
preserving
his
Oath
and
Integrity
?
And
this
is
often
the
Case
of
the
Judge
and
the
Jury
.
I
conclude
therefore
,
That
this
Return
,
charging
the
Prisoners
to
have
Acquitted
against
full
and
manifest
Evidence
first
,
and
next
without
saying
that
they
did
against
the
Indicted
persons
,
is
no
Of
this
Mind
were
ten
Judges
of
Eleven
;
the
Chief
Baron
gave
no
Opinion
,
because
not
at
the
Argument
.
And
in
the
same
he
saith
are
very
things
,
in
the
Truth
and
Falshood
of
them
:
a
Witness
swears
but
to
what
he
hath
generally
,
or
more
largely
,
to
what
hath
fallen
under
his
Senses
:
But
a
swears
to
what
he
can
Inferr
and
conclude
from
the
Testimony
of
such
by
the
Act
and
force
of
his
to
be
the
Fact
Inquired
after
;
which
differs
nothing
in
Reason
,
though
much
in
the
from
what
a
Judge
,
out
of
Various
Cases
consider'd
by
him
,
Infers
to
be
the
Law
in
the
question
before
him
.
If
the
meaning
of
these
Words
,
in
matter
of
Law
,
be
,
That
if
the
Judge
having
heard
the
Evidence
given
in
Court
(
for
he
knows
no
other
)
shall
tell
the
upon
this
Evidence
,
the
Law
is
for
the
Plaintiff
,
or
for
the
Defendant
,
and
you
are
under
the
pain
of
Fine
and
Imprisonment
to
find
accordingly
;
and
the
Jury
ought
of
duty
so
to
do
;
then
every
man
sees
,
that
the
Jury
is
but
a
troublesome
delay
,
great
Charge
,
and
no
use
in
determining
Right
and
Wrong
;
and
therefore
the
Tryals
by
them
may
be
better
Abolished
than
continued
:
which
were
a
after
a
It
is
true
,
if
the
Jury
were
to
have
no
other
Evidence
for
the
Fact
,
but
what
is
Deposed
in
Court
,
the
Judge
might
know
their
Evidence
,
and
the
Fact
from
it
,
equally
as
they
,
and
so
direct
what
the
Law
were
in
the
Case
;
though
even
then
the
might
honestly
differ
in
the
Result
from
the
Evidence
,
as
well
as
two
Judges
may
,
which
often
happens
;
but
the
Evidence
which
the
Jury
have
of
the
Fact
,
is
much
otherwise
than
that
.
For
,
Being
Returned
of
the
Vicinage
where
the
Cause
of
Action
ariseth
,
the
Law
supposeth
them
thence
to
have
sufficient
Knowledge
to
Try
the
matter
in
Issue
(
and
so
they
must
)
though
no
Evidence
were
given
on
either
side
in
Court
;
but
to
this
Evidence
the
Judge
is
a
stranger
.
They
may
have
Evidence
from
their
own
Personal
Knowledge
,
by
which
they
may
be
assured
,
and
sometimes
are
,
that
what
is
deposed
in
Court
is
absolutely
false
:
but
to
this
the
Judge
is
a
stranger
,
and
he
knows
no
more
of
the
Fact
than
he
hath
Learned
in
Court
,
and
perhaps
by
false
Depositions
,
and
consequently
knows
nothing
.
The
Jury
may
know
the
Witnesses
to
be
which
may
be
unknown
to
the
parties
,
and
consequently
to
the
Court.
To
what
end
is
the
Jury
to
be
Returned
out
of
the
Vicinage
,
where
the
Cause
of
Action
ariseth
?
to
what
end
must
Hundredors
be
of
the
Jury
,
whom
the
Law
supposeth
to
have
nearer
knowledge
of
the
Fact
,
than
those
of
the
Vicinage
in
General
?
to
what
end
are
they
Challenged
so
scrupulously
to
the
Array
and
Poll
?
to
what
end
must
they
have
such
a
certain
Free-hold
,
and
be
and
not
of
Affinity
with
the
party
concern'd
?
to
what
end
must
they
have
in
many
Cases
the
View
for
Exacter
Information
chiefly
?
to
what
end
must
they
undergo
the
Punishment
of
the
Villanous
Judgment
,
if
after
all
this
they
Implicitly
must
give
a
Verdict
by
the
Dictates
and
Authority
of
another
Man
,
under
Pains
of
Fines
and
Imprisonment
,
when
Sworn
to
do
it
according
to
the
best
of
their
own
Knowledge
?
A
man
cannot
see
by
anothers
Eye
,
nor
hear
by
anothers
Ear
;
no
more
can
a
man
conclude
or
Infer
the
thing
to
be
Resolved
by
anothers
Vnderstanding
or
Reasoning
;
and
though
the
Verdict
be
right
the
Jury
give
,
yet
they
being
not
assured
that
it
is
so
from
their
own
Vnderstanding
,
are
Forsworn
,
at
least
in
And
it
is
Absurd
to
Fine
a
Jury
for
finding
against
their
Evidence
,
when
the
Judge
knows
but
part
of
it
;
for
the
better
and
greater
part
of
the
Evidence
may
be
wholly
unknown
to
him
,
and
this
may
happen
in
most
Cases
,
and
often
doth
.
A
Guide
to
English
Juries
The
Security
of
English-mens
Lives
,
or
the
Trust
,
Power
and
Duty
of
the
Grand
Juries
of
Benj.
Alsop
THat
Almighty
God
would
preserve
our
Religion
,
put
a
stop
to
the
Growth
of
Popery
,
Confound
all
their
Plots
,
Protect
our
present
Gracious
King
,
Defend
us
both
from
a
Forreign
Yoak
and
Domestick
Slavery
,
but
continue
to
us
the
Enjoyment
of
our
Liberties
and
Priviledges
,
and
bring
all
those
to
exemplary
Justice
that
have
or
shall
dare
attempt
to
Subvert
,
Diminish
or
Vndermine
them
.