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Show England's Prefent lntmfl Con./ider'd. v cit... I. t67S. Pee:r.t. The like Proceedings were ,in the Cafe of John of Gn~mr, p. ~9- f?ra_~11 \...I"V""'\J Rege And in the Earl of /J.rNndels Cafe. Rot.Prtrl. 4.Edtr.3. N.J 3· Alfo Jn Slt ~hap. 1. John Alee's Cafe 4- Edw. Ill. N. '· Such was the De!lruClion commirred on the Lord Haftings in rhe Tower of Ldndon, br Ruhnrd the Ill. Bu.r a· hove all, the Attainder ofThomtU Cromv.·el, &rlof E!fnr, who w~s att~mred of high Treafon, as appears, Rot. Par( .. 32. Hen. 8. of wh1ch, 1ai1h ChiefJuftice Cook, as I rem_ernher, Lu Obhv1on. take away ~he AlcltM(') of fo/oul a Fnfl, if ir can; if hot, hou:ever,_let_Stlenu cowr tf:. .J 'Tis true there was a Sr:uure ohtamcd 10 the I 1 rh of Heutty the 7th, iri Defiance o'f the Great Charter_, which autho_rized fev_eral Exaa:ions, tonteary ro the free Cuftoms of thts Reillm : Particularly m the Cafe of jJJries, both Affe/fing and P11nijhing, by Ju{licu of .A/}ize, :Jnd oft he Pe::~ce, without the Fining and 'Prefentment of Twtive Free-Jt1en. Emp/011 ::~nd Dudley were the greJt Aftots of rhofe Oppreffions; but they were if11n,g'd for their Pains,_ and that illegal Statute repealed in the firfi of He11ry the Stb Ch. 6. The Confequence is plain; that Fundamentals give Rule to ilOs of Parliament, elfewhy was the Statute of the Stb EJw. 4· Ch. 2. OfLn;eries, ahd lnformtllion, by the Difcretion of the Judges, to ftand as an Original, a·nq this of the 1 11b of Henry the 7tb, repealed as llleg,tf} For, there(ore any Thing is unlawful, becaufe ic tranfgreff~th .a LaW. But what Law can an AO of Parliament tranfgrefs, but that whtch IS Fundamental ~ Therefore Tryal by ]11rie.r, or lawful Judgment of Equals, is by .A.O.r of P,,rfi*ment confeft to be a Fundamental Part of our Government. And becaufe Chief Juftice Cook is fo generally e!leem'd on Orne!< of tbe"Lnw, I !hall in it's pr<?ptr Place pre1ent you with his Judgment upon the whole Matter. V. Thefe Fundamentals are unalttrable by a Repreftnta.tivt, which were the Refult and Agreement of Entlijb Free-Men, colleEl'iVely, the Ancienter Times not being acquainted with Reprefentatlves: For then the Free:il1en mer in their own Perfons. In all the Saxon Story we find no Men non of any fuch Thing; for it was the King, Lord.r tmd Fra~.Men: Tbe Eldus and People, And at the Council of Wmton, in S;J. is reponed to have been LI. Sa•."tam. prefent, Tbegr'eat Men of the Kingdom, and an Infinite Multitudeofotber faithful PeOple. Alfo that, of King Ina, the Co1umon Council of the Elders And co.ac:il. Brit. People of the whole Kingdbm: That is, the mofl: or generality of the Free· 219. Jngulph· Men.ofthe Kingdom; for all might come that pleafed. It is not to be doubted but this continued after the Norman Time!; and thu at Runnin:· .M1ad, by Stanes, the Free· Men of ~ng/and ~ere Per~onally prefemar the Confirmation of that gnat Charter, 1n the Re1gn o£ Kmg }o{m. Bur as the Ages grew more _Humane, and free with Ref peEl: to Villains and ReraiRert, and that the 1\'Umber of Free-.Men encreafei:l, there was a ]\"ecejjiry for a Reprefenrative ; c:fpecially, Iince Fundamentals were long ago agreed upon, ~nd thofe Capirttf Privileges put out of the Reach and Power of a linle Number of Men to endanger. Anii fo careful were the Reprifcnrativu _of the -People, in the _ Tim~ o~ Edward tb~ Third, of fufl'eri yg_ t~eir Libe[TTN ~Soak 4.tnft. and Fru Ouflom·J to be mfnng'd, that m lYJanen of extlaord11111(J Wl-rgbr, Fol,l4•n• 34 theymou/J not determine, tiO they bad firfi rtt11rntd tn, a11d conferred tt1irl1 their Jeveral Counties or Borougb.r -'hat delegated tbem. Tb111 1be Parl. R<>fls of his Time. , Sewral Authorities ;. Conjirrnat;onof the Reafons before men,;o»ea. So indubitably :ue thefe Frmdamenials, the Pcople'.r Right, and fo necef.. fary to be prefen•ed, that Kings bave fucceffively known no other Soft .or Legal Paffagc to their rroriJ/1 and DigNiJ, rban th~ir So/cnm Obligation ':'violably to maintain tbem. c So Sacre were they reputed in the Days of ' Henry1he IlL Th:tt not ~o continue or confirm them, w:~s to :tftfont God, ' tmd to damn the Souls of InS Progenitors a-,td Succe.j[ors' and todepre}J tb( ' Cburtb, and JeprtlVt the Realm : That the grtttt C.barrtr comprchenjive 4 ' them, jho11ld be allowed tU the Common L::tw of rhe Land, by t~!IO.ffiurs f.! ~ Jujlice, tbat H, the Lawful Inheritance of all Comm011ds: Thar all Sill· :tllll VoL 1. ' tute·L<7~· .. ot ]aJgmcnt.r wb.Jijt!~v.cr7 made in Oppo/ition tbere:mro, fignJti • be null and vord: ThJt till tbe .Mm~/ler.r of Stt~tc a1Jd Oj/i(el"l rfrb~ kr.- 1 'jhoJI!d c~nfttmtly hefwora. fo rbe Obferv.1tiort tl~eruf. And {o deeplv 11d_;j after PJrhaments reverence It, and fo careful Were they to prefetve a · thH tftey both confirm"d it by Tbirtj twa J~vera/ .A.fls~ and enacted Cop~r1 to betaken and lodged ln each Cathedral of the Re.1lm, to be read tour T1me· a Year publickly before rhe People: As if they would ha\•e them mor~ obli~ed to their A.ncefl.ors, for Redeeming and_ Tranfmitting thofc Privileges, than for begettzng them.- And that taNce every Tear the Bifhops Oppare!Jed in tbeir Pontificials~ witli Tater.r. burning, and other' Solemnilies; jhoald pronoultce tbe gre~ter Exctmtmumca/lon agmnjl the lnfringer1 of the Great Charter, though 11 uwe hut 111 Word or Cognfel; for fo faith the SrafUte. I fhall, for farther Satisfailion, repeat the l:!.Xcommrmicarionor Cuif~ pronourited both in the Days of Henry the Third and Edward the Fir fl. , Th< Smtei<<e df th<. c;urfo given hJ the Bifbopt, with the /(jng't Conjenr dga;n{lthe Breakers of the Great Charter. : IN the Yeor of'o,ur Lord 125J.!he third Day of M.,, inthegreat!'hll.of the Ktng at nt"eftlllrnfier, in. the Prefence, and by the Confenr of the ' Lord Henry, by the Grac~ of God :King of En~atul, and th"e Lord Richllrd • Earl of Cornwall, his Brother; Roser Bigot, .tar£ of l'!.OrfoM Marfhal of ' England; Humpbrey, Earl of Oxjord 1' John, Earl W'ui-rtJt ~ a'nd othei' Eftates of the Realm of England; We Boniface, by the Mercy ot God Arch· ; Bi!hop of Canterbury,_ Primate of E~g/a~d, F. of London, H. of'Ety, S,· of Worcefler, E. of Lmcoln, rv. of 1\orwub, P. of Hereford, W. of Sali{' h11ry, rv. of Durham, R. of Exccfler, M. of Carlile, W, of Bath .A • . of ' Ro(bejler, T. of ~t. Davids, Bifhop? apparelled in Ponrificials, ~irh Ta· 1 ' pers burning, agamft the Breakers ot the Churches Liberties, and of the ' Liberties and other Cufi:oms of this Realm of England, and namely thcfe ' Which are contained in the Charter of the common Liberties of Ettghrnd ' &nd Charter of the Foreft, have denounced Sentence of Excommunicati: ' on in this Form: ~J the Auchority of Almighcy God, the Father. the Son, ' and the Holy Ghoft, f:fc. of the ble!l'ed Apoftles Peter ond Pnul and of ' all Afofi:les, and of all Martyrs, ofblefft:d Ed~.u·d King of E"glt~~d, and. ' of al the Saints of Heaven ; We excommunicate and accurfe, and from ' the Benefit of our Holy Mothert the Church, we fequefier, aU thofe thlt • hereafter willingly and malicioufiy deprive or ljloil the Church of her • ltight; and all thofe that by aQy Craft or \Villingnefs, do violate, break ' diminifh, or change the Churches Liberties, and Free-Cuftoms contain~ • ed in the Charters of the common Liberties, and of the Forefl, granred by ' our Lord the King, to Arch·Bifhops, Bifbop~, and other Prelates of Enc tland, and likewife to the Earls, Knights, and other Free~ Holders of c the Realm; and all that fecretlyand openly, by Deed, VYord. or Coun· • fel do make Statutes, or obferve them being_nude, .and tbat b_dng_in Cuf... c toms, ro keep them, when they be brought 10, aga1nft the f:ud L1berties ' or any of them, and all thofe that ihall prefiime to judge againft them: ' and all :tnd every fuch Perfon before mentioned, that wicringly fh~Il com· • mic any Thing of the Premifes, lee them well know, tha' they incurr the ' aforefaid SentenCe, iRfo Fa8o. The Sentence of the CLERGY, againff the Breakers of · the A~ TIC 4E S before-mentioned. I N tbe NtUJJe of the Falher, the Son. and Jbe Jio!y(;hoft, .Amen. Wbere.u ourSa;;eraign Lord the King, to the Honour of God, liNd of Holy CbilrclJ, anJ for tbt: common Pr_ofit of tbe Ret~lm, hnth gra(ltcd for him, ttlfd bi.r H~in for, ever, tbefe .&,·ti£1ts abtiVC·?Jrirten1 Rob~rr,. J!rchb~!hop of Canrerbu_ry, Pnmau of all Engl.a'Nd, AJmoiJi}htd 11/J bH Protnnce once, trotcl and thnu, b<«41 167) •. LrVw Chap. I. |