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Show The AurHoR's LIFE. Vor... I. .r b "' l b .r b · L nd. And the Purvieu of ' (;dly) The Great Let 01 1 e."" 1 01 1 EX~DIAMETRO, viz. To the ' that A8: tended in the E~ecuuon comrary, the Great Let 11ay, rbc tttter ' lligb DifplefljllrC t .11/mtgb'{ GO Dd :;;: Great Let rf t!Je Wea!tb of this ' S11bverjiofz of rbfe ofhmm11on aw~ ,•hne Sublbnce of which ACt follows in ' Land, as berea tcr a appear' thefe Words : (tf ~ f a~ ]Uifftfll of t~e «!Jat ftom !Jtn~~~p,; 8~P~~\~~1,;:tfo~ ro1 ' g, liefote tbent l!leace, in e~etp •• fentinent ~P lll)tn, IIJan !Ja~e mabe, I!Jttbout B~P1!~1~~~n 1f;[t !IDifctetfon, to !Jeat anb betmnlne fun 19otuet an ~u • mit 111~. &:c. commUteo ano oone :~at~"~~ :~t ~~0~tatute maoe, anb not llUpeal'tJ, &:c. (a Cafe 1bat vuv much rrfembles this of our own Tzmes.) . • h S b / B Pretext of this Law, Empfon and Dud!ty d1d commit ~pan t e u • • ·ea!, unfufferable Pre!fure and Oppreffion; and ther~fore this Statute was ' ~uftty foon after the Deceafe of Henry the Seventh, Repealed, at the next ' Farli~ment, after his Deceafe, by the Statute of the I Hen. 8. ~b. 6. ' ' A good Caveat to Parliaments, to leave all Caufes to be meafuJed ~y the c Golden and Strait.bt Metewand of the Law, and not by the uncertain and ' crooked Cord of Difcretion. . F. d , ' It is almoft incredible to fore-fee, when any .iUaxtm or un amental , Law of this Realm U altered (as elfe~here hath been obferved) wiJat dat;' gerom Inconveniences do follow; whtch rnoft exprefiy appeareth by thts : moft unjufi and ftrange Ail: of the Eleventh of Henry the Sev~nth: For , hereby not only Empfon and Dudley rhemfelves, h?t fuch Juftt~es of the Pear;e (Corrupt Men) as they caufed to be Authonzed, commttted rnoft ' rievous, and heavy Oppreffions and Exa8ions, gr\nd\ng the Faces of the ~ ~oor Subje8:s by Penal Laws (?e they never fo abfolute or "::nfit for the ' Time) by Information only, wtthout any. Prefentment, or Tnal by Ju.ry, ' bein the Ancient Birth·r~ght o_ft~e ~ubjeC!:; but to hear and determme ' the ~me by their Difcrenons, mfhEhng Fuch Penalty, as the Stat.ute not ' Repealed, impofed. Thefe, and other hke Oppre.ffions and ExaEhons by, ' or by the Means of E111pfon and Dudley, and then Jn~rum~nts, brought ' infinite Treafure to the King's Coffers? whereof the Kmq htmfelf, at the c End, with ~reat Grief and Compunfhon, repented ; as m another Place t ~e.jt~~seS~-~t~rt~e~.fthe 11th of Henry the Seventh, we have re~ited, and ' {hewed the juft Inconveniences thereof; to the End, that the like !hould ' never hereafter be attempted in any Court of Pa.rliament; and that others. c might avoid the Fear~u~ .E~d of theft: two ~I me-Servers, Empfon and ' Dudley, ~IIi eorum veflrgns mjiflont, eorum exzrus pet·hor~·ifc~nr. ' ~ See the Statute of 8 Edw. 4· chap. 2. A Statute of LlVertes_, ~n hfor· 'mation, f1c. by rheDifcrction of the Judges, to fiand as an Or~gmal,efc. 'This AC\ is defervedly Repealed, Vide 12 R. 2. chap. '3· Pumfhment by ' Difcretion, f:Jc. lfide 5th of H. 4· chap .. 6, 8. S~e tht:: Commt_ffion of Sew· ' ers; Difcretion ought to be thus defcnbed, J?ifcrerro eft difcentere per ' Let.em quid fir juflum: From whence three Thtngsfeem moft :emarkabl:'. • Firfl The great Equity and Juftice of the Great Charur, wah the Htgh Value ~ur Anceftors have moft defervedly fet upon it. · · Secondly, The Dreadful. Maledi8:ion, or Curfe,. they have denounced upon the Hreakets of it, wnh th?fe Exemplary Pumfhments they have not fpared to inftiU upon fuch N?tonous _Offenders. 11Jirdly So Heinous a Thmg was It elteemed of Old, to endeavour an Enervatio~, or Subverfion of thefe A~cient Rights and Pr_iviledges, that Ails of Parliament themfelves (otherw1fe the moft Sacred Wtth the People) have not been of Force enough to fecure or defend fuch Pcrfons from Condign Punithment, who in Purfuance of them, have a8:ed inconfiltent with our Grtat Charter. Therefore it is That, that Grear Lawyer, the Lord Cook, doth mOre than once aggravate the Example of Empfon and Dudley (with "Perfons of the fame Rank) into a juft Caution, as well to Parliaments as Judges, Vor... I. The A u THo R's LIFE. 33 Judges, Jufiices, and inferior Magifirates, to decline making, or executing 167o. any Aa, that may in the leaft feem to infringe upon, or confine this fo of- ~ ten avowed and confirmed Great Charter of the Libenie!s of E11gland, fince Parliaments are faid to Err, when they crofs it ; the Obeyers of their ACb punifhed, as Time·ferving Tranfgreffors; and that Kings themfelves (tho' enriched by thofe Courfes) have mer with great Compunction and Repen-tance, and left among their Dying Words their Recantations. Therefore moit Notable and True it was, with which we {hall conclude t his prefenr Subject, what the King pleafed to obferve in a Speech to the ·Parliament, about 1662, (viz.) The Good Old Rules of Law are our heft Security. The Manner of the Court's Behaviour towards the Prifoners, and the Jury, with their many extravagant Expreffions, muft not altogether flip our Obfervation. (1) Their Carriage to the Jury out-does aH Prefidcnts; they enteruined them more like a Pack of Felons, than a ]1ery of Ho!lfjl A1en, as being fir· ter to be Try'd themfelves, than to Acquit orhers. In fhon, no Jury, for many Ages, received fo many Infiances of Difpleafure and Affront, Becauft they prejerred not the Humour of the Court, he/or( the f'<._uicr of their own Conji:iences, even to be ejleemed ar Perjured, though they had really beenfo, bad they not do11e what they did. (2) Their Treatmrnt of the Prifoners was not more Unchrijlian. than Jn .. humane. Hifiory can f'carce te11 us of one Heathen Roman, that ever was fo ignoble to his Captive: Whac! To .AccuJe, and not Hear them; to threaten to Bore tbeir Tong11es, Gag and Stop rheir Mombs, Fetter their Legs, meerly for defending themfclves, and that by the ..lincient Fundamct~tal Laws of England toq? 0 B3.rbarous! Had they been Turks and Infidels, that Carriage would have ill become a Chrifiian Coun,fllcb AElions proving much Jlronger Dijfwafive.r, than .Arguments to Convince them, how much the Cbriflian Religion inclines .iUen to Jujlice and Moderation, above their dark Idolatry. It is, truly Lamentable, that fuch Occafion fhould be ~iven, for Inrellit.ence to Foreign Parts, where England hath had the Reputation of a Chriftian Coun .. try, by their i!J treating Of its Sober and Religious Inhabita.nts, for their Con .. Jcientiom Meetings to Worjhip God. But above all, Diffenters had little Reafon ro have expeCted this Boarith Fiercenefs from the .Mayor of London, fJJhen they confider his eager Profecution oft be King's Party, under Cromwell'.r 6ovcrnmt1tt, ttl thinking be could never give too great .a Tejlimony of bi.r Loyalty to that New Injlrumenr; which makes the Old S:1ying True, Th,rr One Renegade is worfe than Three Turks. Alderman Bludwortb, beinq Confcious to himfelf of his Partial Kindnefs to rhe Popijh ~ry4r..£, hopes ro make an Amends, by his'Zealou!-Profecution of the Poor Dijjenters; for at· the fame Seffions he moveif to have an Evidence (P/ no Jmall ~ality) againtt Harrifon, the Mendicant Fryar, fcnt to· Bridewe/and whipp'd: He WtU fprnefl to have the Jury Fined Md Imprifoned, becaufe they brout.ht n.ot tbc Prifoners in Guilty, when no Crime WtU proved againfl them, bur Peaceably Worjbipping their God : Whence if may be eafie to obferve, That Popijb Fry11rs, and Prelatical Perfewtort, are me~r Confederates. 1 But what others have only adventured to fiamnler at, the Recorde.t:of London has been fo ingenious as to fpeak molt plainly; or clfe, What mean thofe Two FaralExpreffions, rvbich are become the Talk and Terror of botb City 11nd Country ? Firft, In affuring the Jury, Tbattl·erewould be a L11w next Se.ffions of Par~ liament, that no .A-lan foould have the Prote8ion of the Law, b11t .fucb a1 Con· formed to the Chu1·cb: Which, fhould it be True, as we hope it is Falfe, (Jnd a difhonourable Prophecy ohhat Great Affembly) theP.IjJJfls may li\'e to fee their .Marian Days outdone by Profefl Protcflanu. . . Bur furely no Englijbman can be fo for~ifh, ~s to concei\•e that thts Rtght ·to Liberty andProptrty~ came in with his Prof::Jlion c.f the Proteflan~ RdJgion; or that his NlltliNI and Hu!n.,me Ri.ghts m·e DtJenJent M certal'! !?e- F !tgtota |
