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Show [ I99 ] I I98 l. c. 4.) (6 3) wherein they are given as an explanation of the words, " &y [be Law unlawful authority that had been ufarpé ed by the King, Privy-Council, and Star-Chamber. " ofz‘be Land," mentioned in the Great Chatter. And the Great Charter itfelf, This " due Procefl qf the Law," there-g as well as this particular Act, and many fore, can be no otherwife than by a legal other excellent Acts of K. Ed. III. is Jury of 12 credible men, (64.) who are exprefsly cited and confirmed in an A61 Neigbéours to the Fafi, and unexct'ptz'mabz'e to the parties concerned, according to the of the 16th Cha. I. c. 10. whereby the " due Proof/i oft/3e Law" (or " the or" [firmly Con/fl oft/36 Law," fee §. v.) is again re-cllablilhed, in oppofition to the unlawful ancient Czflam or Law of {/96 Land. (6 5) And that the fame is alfo a fimdamwtal and eflem‘ial Right of the Subject, every: man, who pretends to doubt of it, may be (63) " Item, Whereas it is contained in the Great Charter of the Franchifes of England, that none {hall be imprifoned, nor put out of his Freehold, nor of his Franchifes nor free Cultom, unlefs it be BY THE LAW OF THE LAND : It is accorded, afl'cnted, and tlablilhed, that from henceforth none (hall be taken, by petition or fuggellion made to our Lord the King, or to his Council, unlefs it be by Indit'z‘nmt or Prefintmmt of 121': good and lawful People or THE SAME NEIGHBOURHOOD WHERE sucn DEEDS BE DONE, in due manner, or by Pro- ta/i made by writ-original at the Common Law. Nor that none be put out of his Franchifes, is}. unlefs he be DULY brought in anfwer, and forejudged of the fame BY THE COURSE OF THE LA\V. And if any be done againfl: the fame, it {hall be z-cdrefled and HOLDEN FOR NONE " 25 Ed. III. c. 4. (64) " I-n prefentia duadm‘m tide dignorum ". virorum FACTO VICINORUM, de qtto agttur, "‘ et circumftantiis ejus: qui et nofcunt eorundem " tcflium mores, maxime fi VICINI ipfi fuerint nof. " cunt eciant, at 1'1 ipfi lint credulitate digni," {5", Fertefcue de Laud. Leg. Ang. c. 28, p. 64.. Seealfo the 25 and 26th chapters of that excellent lItElC book. i (65) " Item per an/z‘quam Legm, e: eonfnctudinern " Regni, omnes exitus qua: emergentnn "Mi/a sza " d: Recon/a infra Regnum, nifi pauct dc quibus not: " efl hie necefle traé‘tandnm, rlebet trinri per xii. Iiberos et legales homines DE VICINETO, L3}, ‘ qui nulli partium ulla aflinitati attingent." Doft. & Stud. c. 7. p. 26 b. |
