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holders of the realm; and all that fecretly and openly, by deed, word, or counsel, do make statutes, or obferve them being made, and that bring in customs, or keep them when they be brought in, against the faid liberties, or any of them; and all those that shall prefume to judge against them; and all and every fuch perfon, before-mentioned, that wittingly fhall commit any thing of the premifes, let them well know that they incur the aforefaid fentence, ipfo fallo.

A Confirmation of the Charters and Liberties of England, and of the foreft, made the twenty-fifth year of Edward the First.

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DWARD, by the grace of God, king of England, lord of Ireland, duke of Guyan, to all those that these prefent letters fhall hear or fee, greeting. Know ye, That we, to the honour of God, and to the profit of our realm, have granted, for us and our heirs, that the charter of liberties, and the charter of the foreft, which were made by common affent of all the realm in the time of king Henry our father, shall be kept in every point, without breach: and we will that the fame charter fhall be fent under our seal, as well to our justices of the foreft, as to others, and to all sheriffs of fhires, and to all our other officers, and to all our cities throughout the realm, together with our writs, in the which it fhall be contained, that they cause the aforefaid charters to be published, and to declare to the people that we have confirmed them in all points; and that our juftices, fheriffs, mayors, and other minifters, which under us have laws of our land to guide, fhall allow the same charters pleaded before them in all their points; that is to wit, the great charter, as the common law, and the charter of our foreft, for the wealth of our realm.

And we will, that if any judgment be given from henceforth contrary to the points of the charter aforeS 3

faid,

faid, by the juftices, or by any other of our minifters. that hold plea before them, against the points of the charter, it fhall be undone, and holden for nought.

And we will that the fame charter fhall be fent under our feal to cathedral churches throughout our realm, there to remain; and fhall be read before the people two times by the year.

And that all archbishops and bifhops fhall pronounce the sentence of excommunication against all those, that by word, deed, or counfel, do contrary to the aforefaid charters, or that in any point do break or undo them; and that the faid curfes be twice a year denounced and published by the prelates aforefaid: and if the fame prelates, or any of them be remifs in the denunciation of the faid fentences, the archbishops of Canterbury and York for the time being fhall compel and diftrain them to the execution of their duties in form aforefaid.

The Sentence of the CLERGY, against the breakers of the articles above-mentioned.

IN

N the name of the Father, the Son, and the Holy Ghost, Amen. Whereas our fovereign 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, Robert, archbishop of Canterbury, primate of all England, admonished all his province once, twice, and thrice, because that fhortnefs will not fuffer fo much delay, as to give knowledge to all the people of England of these presents in writing: we therefore enjoin all perfons, of what eftate foever they be, that they, and every of them, as much as in them is, fhall uphold and maintain thefe articles, granted by our fovereign lord the king, in all points: and all thofe that in any point do refift or break, or in any manner hereafter procure, counsel, or in any wife affent to refift or break thofe ordinances, or go about it, by word or deed, openly or privily, by any manner of pre

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tence or colour; we, the aforefaid archbishops, by our authority in this writing expreffed, do excommunicate and accurfe, and from the body of our Lord Jefus Christ, and from all the company of heaven, and from all the facraments of holy church, do fequefter and exclude.

We may here fee, that in the obfcureft times of fottifh popery, they were not left without a fenfe of juftice, and the neceffity of liberty and property, to be inviolably enjoyed; which brings us to the cause

of it.

First, The caufe of this famous charter was, as we have already faid, the incroachments that were made by feveral minifters of precedent kings, that almost became cuftomary, and which had near extinguished the free customs due to Englifhmen. How great care it cost our ancestors, it unbecomes us to ignore, or by our filence to neglect: it was that yoke and muzzle which failed not to difable many raging bears from, entering the pleasant vineyard of English freedoms, that otherwife would not have left a fruitful vine in being. Anon we may give the reader an account of fome, with their wages as well as works.

Secondly, The reafon of it is fo great, that it seems to be its own. It is the very image and expreffion of justice, liberty and property; points of fuch eminent importance, as without which no government can be faid to be reafonable, but arbitrary and tyrannical. It allows every man that liberty God and nature have given him, and the fecure poffeffion of his property, from the inroad or invafion of his neighbour, or any elfe of that conftitution. It juftifies no man in a fault; only it provides equal and juft ways to have the offender tried, confidering the malice of many perfecutors, and the great value of liberty and life.

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Thirdly, The end of it was the most noble of any earthly projection; to wit, The refixing of thofe 'fhaken laws,' held for many hundred years by conftant claim, that the living might be re-inftated in

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their primitive liberty, and their posterity fecured in the poffeffion of fo great happiness.

Amongst those many rich advantages that accrue to the free people of England from this great charter, and those many confirmatory ftatutes of the fame, we fhall prefent the reader with a fight of fome few, that may moft properly fall under the confideration and enquiry of thefe prefent times, as found in our common law books.

Firft, [That every Englishman is born free.]

Secondly, [That no fuch freeman fhall be taken, attached, affeffed, or imprisoned, by any petition or fuggeftion to the king or his council, unless by the indictment and prefentment of good and lawful men, where fuch right as needs be done.] 5 Edw. 3. ch. 9. 25 Ed. 3. ch. 4. 17 Rich. 2. ch. 6. Rot. Parl. 42 Ed. 3. Coke, 2 Inft. 43.

Thirdly, [That no fuch freeman fhall be diffeifed of his freehold, or liberties, or free cuftoms, &c.] Hereby is intended, faith Coke, that lands, tenements, goods and chattels, fhall not be feifed into the king's hands, contrary to this great charter, &c. 43 Ass. pag. 12. 43 Ed. 3. Coke, 2 Inft. 32. Neither fhall any fuch freeman be put from his livelihood without anfwer. Coke, 2 Inft. 47.

Fourthly, [That no freeman fhall be outlawed] unlefs he shroud and hide himfelf voluntarily from the justice of the law, 2 & 3 Phil. & Mar. Dier. 114, 145.

Fifthly, [No freeman fhall be exiled.] Coke faid, there are but two grounds upon which any man may be exiled; one by act of parliament (fuppofing it not contrary to the great charter)-the other, in case of abjuration, for felony by the common law, &c. Coke, Inft. 2. 47.

Sixthly, [No freeman fhall be destroyed; that is, he fhall not be fore-judged of life, limb, disherited, or put to torture, or death.] Every oppreffion against law, by colour of any ufurped authority, is a kind of deftruction; and it is the worst oppreffion that is done by colour of juftice. Coke, Inft. 2. 48.

Seventh

Seventhly, [That no freeman fhall be thus taken, or imprisoned, diffeifed, outlawed, exiled, or be deftroyed of his liberties, freeholds, and free customs, but BY THE LAWFUL JUDGMENT OF HIS PEERS, vulgarly called jury. So that the judgment of any fact or perfon is, by this fundamental law, referred to the breafts and confciences of the jury. It is rendered in, Latin, PER LEGALE JUDICIUM, that is, lawful judgment from whence it is to be observed, that the judgment must have law in it, and be according to law; which cannot be, where they are not judges how far the fact is legal, or the contrary; judicium, quafi juris dictum [the voice of law and right.] And therefore is their verdict not to be rejected, because it is fupposed to be the truth, according to their confciences: for verdict, from verè dictum veritatis, [or a true faying or judgment] 9 Hen. 3. 26. Coke's Inft. 1. 32. Inft. 4. 207. Coke fays, that by the word lɛGALE, three things are implied.

ift. That this was by law, before the statute; and therefore this ftatute but declaratory of the ancient law.

2d. That their verdict must be legally given: wherein is to be obferved, 1ft. The jury ought to hear no evidence, but in the hearing and prefence of the prifoner. 2d. That they cannot fend to afk any queftion in law of the judges, but in the presence of the prifoner: for, de facto jus oritur.

3d. The evidence produced by the king's counfel being given, the judges cannot collect the evidence, nor urge it by way of charge to the jury, nor yet confer with the jury, about the evidence, but in the presence of the prifoner, Coke's Inft.

2. 49.

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Eighthly, [or by the law of the land.] It is a fynonymous expreffion, importing no more than by 'the trial of peers, or a jury:' for it is fometimes rendered not (or) disjunctively, but (and) which is connectively. However, it can never fignify any thing

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