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Show ~6 The AuTHOR's LIFE. VoL. I. 16• 0 Knowledge to aU tbe People of England of tbefe Prefents in Writing: We there- ~ fore enjoyn 1Jfl PerftJns, of wbat Eflate foever they be.' th.llt they, and e~ery if them ttl much a1 in them it jhallupbold .md mtrrntmn tbife Artrcler, 0 nui by our Sovtf'eign Lord tiJe King, in all Poinu: And alltbofe that in ~~; Point do rcfijl (jf bre11k, or in any Manner .hueafrer procure, ~ounfe!, or in any wife .A.Dlnc to refift or break tbofe Ordtnanca, or go about If, by Word or Deed, openly or privily, by any .AJan~er ~~ Pr~t~nce or Colour; we, the aforefoid .Arcbbijhop, by our .Aurb~rtty rn tbu Wntzng expre.ffed, do ?Zxcomnumicate and .Accurfe, and from the Body of our Lord Jeftls Cbrijl, and from aU the Company of Heaven, and from all tbe Sacraments of Holy Church, do fequefler and exclude. We may here fee, that in the obfcureft Times of fottiih Po~ery, they were not left without a Senfe of Juihce, and the Neceffity of L1berry and Property, to be inviolably enjoy'd, which brings us to the Caufe ofit. . f'irfl The Caufe of this famous Charter was, as we have already fatd, the Inc'roachments that were made by feveral Minifters of precedent Kings, that almoft become Cu!lomary, and. which had neor extinguiih'd the Free Cuftoms due to Englijhmtn: How great Care it coft our Anceftors, it unbecomes us to ignore, or by our Silence to neglefl: ; it was that To.+c and Mu.:;;z/e which failed not to difable many raging Bearss frorn entring The I'leafant Vineyard of Englifo Frutloms, that orherwife would not have left a fruitful Vine in being. Anon we may give the Reader an Account of fame, with their 'V:~ges as well as Works. · Secondly, The Reafon of iris fo great, that it Jeems to be its own. It is the very Image aud Exprej}ion ~~ Jujlice,. Liberty and Property, Points of iU.ch eminent Impottance, as wah out which no Government can be faid to be Reafonable, but Arbitrary and Tyrannical. It allows evetl Man that Liberty God and Nature have given him, and the fecure Poffcffion of his Propeny ; from the lnrode or lnvafion of his Neighbour, or any elfe of that Conftitution. It juitifies no Man in a Fault, only it provides equal and juft \Vays ro have the Offender Tried, confidering the Malice of many Perfecutors, and the great Value of Liberty and Life. Thirdly, The End of ir was themoft Noble of any Earthly ProjeE\ion; to wit, The refixing t;f tbofe jbaken Laws, held for many Hundred Years, by con1tant Cbim, that they Living might be re-inftated in their Primitive Liberty, and their Poflerity fecured in the Pofi'effion offo great Happinefs. Amongft thofe m:my Rich Advantages that accrew to the Free People of England, from this Great Charter, and thofe many Confirmatory Statuti$ of the fame, we fhall frefent the Reader with the Sight of fome few, that may moft properly fal under the Confideration and Enquiry of thefe prefent Times, as found in our common Law-Books. Fitft, [17Mt every Englilbman U Born Free.] . Se~ondly, [That no.fuch Freeman_jhaU be ta~en, nt~ached, affeffed, or 1mprijo~ed, by any Pelt/ron or Suqe/1ton to the Kmg or hu Council, unlefs by tbe Jnd1Umenr and Prefentment of Good and lAwful ft1en, where fuch right .u needs be done.] )lid. 3· ch. 9· 25 Ed.;. ch. 4· 17 Ri. 2. ch. 6. Rot. Par! 42 Ed. 3· Cook 2. lnft. 43· T~irdly, fTbat no fucb Freeman fha(l ke dif!e;zed of his Frttboid, or L;. bert us, or FiceCujloms, &c.] Hereby 11i Intended faith Cook, That Londr, Tenements, Goods and Chattels, fhall not be feized into the King's Hands con.trary to this Great Charter, f!lc. 43 ..J1Jf. pag. 12.43 Ed. 3· Cook 2. J11fl, 32: Neaher !hall any fuch Freeman be put from his Livelihood without Anfwer, Coo.! 2. lnlt. 47· . Fou~thly, [That 7t~ Freeman jhall b6 Dllt·laweJ] unlefs be jhroud, and b1de bmifeif volunranly /rom tbc ]ujlice of the Law, 2 f5 3 Phil. f5 Mar .. Dier.114, 14). Fifthly, [J\'o Freeman jhall be exiled] Cook faid, there are but two Grounds ~pon which any Man may be exiled:; one by Aa of Parliament (fuppofing Jt not contrary to the Great Charter) - the other in Cafe of Abjuration for Felony by the Common Law, f:J<. Cook, Jnft, 2 , 47• ' · VoL. I. The Au.THOR's LIFE. ~7 Sixrhly [No Freeman fho/1 be dejlroyed; that is· he !hall not he Fore: r67o: judged of Life, Limh, Dtjberired, or put to Torruu: or De~tth.] Every Op- ~ preffion _agamft ~a~, by Colour of any ufurped Authority, is a Kind of Deftrufhon, and It IS the worfi Oppreffion rhat is done by Colour of Jufiice. Cao!r, In !I 2. 48. Seventhly, _[That no Freeman/hall he t hus taken, or imprifomd, Jiffeized~ OJJt·lrtwed, ext!ed, or be def!royed of hir Liberties, Freeholds, and Free Cuftoms, but llp tbe l!.alllful]ubgment Of bfO l9eetO] (vulgarly called Jury.) So that the Judgment of any Fa~ oPPer10n, is, by this Fundamental Law, referred to theBreafts and Confc~encesof the Jury : It's rendred io Latin, PER LEGALE ]VDJCJUM, that is, Lawful Judgment: From whence 1t IS to be obferved, that the Judgment muft have Law in it and be according_to Law; which cannot be, wh~r~ they are not Judges,' how far. the Faa IS LeS;al, or the contrary ; JudlCIJifft quaji Jurir dillum rne Votce of ~~wand R;ghr.J And therefore is their Vetdi8: not to be rejelled, . beca~fe It IS fupp~fe~ to be th.e T~uth, according to their Confciences : For Verd;O, from vere d18um Verttatu, [or a true Sayint or Judgment] 9 Htn. ?· 26. Cook's lnjl. r. 32. lnjl. + 207. Coo< fays That by the Word LEGALE three Things are implied. ' ' (1ft) That this was by Law, before the Stature and therefore this Statui~ hut declaratory of the ancient L aw. ' (2d) That their VerdiE\ muft be Legally given; wherein is to be obferved (1ft) The .Jury ought to bear no EVidence, bPt in the Hearing and Prifenc; of the Prifoner. (2d.) That they cannot fond to nfo nny JS<uejlion in L aw of the }~tdges, hut _in the Prife"ce tift he Prif(I1Ur, for, De Facto Jus OJicur. (;d) The Evidence pro~uced by the Ki~g's Council being given, the Judges cannot coli~[J the Evtdence, nor urge.tt by Way o.f Charge to the Jury, nor_ )'et confer raub the Juty about the EVIdence, hut In tbe Prefence of the PriJOner, Cook's Inft. 2. 49· Ei_ghthly, [Or by the Law of the Land] it is a Synonimotn Expreffion, im .. · pomng no more th~". by t~e Tryal of Peerr, or a jury; for it is fometimes !endred not (or) dtsjun8:a~ely, but (and) which is connell:ively; however, lt can neyer figmfy any Thmg contrary to the old Way of Trying by Peers . for then 1t would be conne8:ed to a Con.tradi8:ion. ' Betides, Coo~ well obferves, that in the 4th .chap. of the 2)th Ed. ?· Ptr • L_egtm Teru, 1mporrs no mo_re than a Trial by due Procefs, and 'Vrit Origma~ _at Common Law, wbtch cannQt be without a Jury \ therefore Per Judwum •parum, f:f per Legem Teru, lignify the fame Priviledge unto the People, Cooklnjl. 2. p. )c. Thus have we prefented you with fome of thofe Maxims of Law dearer to_ our _Anceftors than Life, Becaufe rbey are the Drfence of the Li;u andLtbertrls of the People of England; it is from this 29th Chap. of the Gretrt Cf)arter; G{eat, not for its B~lk. but the Priviledges in it; as from a fpa~ Ious Root, that f~ many Fruitful Branches of the Law of Engla11d fpring, 1f Coo~ may he credited. But ho'! Sacred foever they have been efieemed, and ih1l. are by Noble an~ Juft Mmds; yet fo degenerate are fame, in their Proceechogs, that, Confcious to themfelves of their Bafenefs, they wil1 not dare fiand the the Touch qf this Great Charter amltbofe ]ufl Laws Gro;md, ed upan it: qfwhich Number, we may truly ;ank the Mayor and Recorder of L ondon, w~th the reft of their Wife <eontpanfon~, in their late Seffions at the Old~Batly, upon the Occafion of the PrifOners. Fu·fl, The Prifoners were taken. and imprifoned, without Prefentment of Goo~ _and Lawful Men of the Vicinage, or the Neighbourhood, But 4· ler' a ltlJ!ttary_ and Tumu/tuom Manner, contrary to tbe Grand Charrer. Secondly, Tbey refufed to prodpce tbe Law upon wbich tbey proceeded; leaving thereby the Prifoners, Jury, and the whole Affemhly in the Dark. Tbirdlf, They refufed the Prifoners to plead, and dire£Hy withfiood that Great Pnviledge, mentioned in the firfi Chap. 2) Edw. 1. Where all Juflicu, M~yors, Sheriffs, an4 otb(r Minifierr, that have the Laws of the Lmd _tD grode tbem, are relJ.U!rtd to allow t he faid Charter tl he pkaded in all it$ E 2 Poinu |