the Arch-Bishops of Canterbury and York, are bound to compel the other Bishops to denounce Sentence accordingly, in case of their remissness, or neglect; which certainly hath relation to the State rather then the Church; since there was never any necessity of compelling the Bishops to denounce Sentence in their own case, though frequently in the peoples, 25 Edw. 1. Chap. 4.

3d That the great Charter, and Charter of Forrest, be holden and kept in all Points, and if any Statute be made to the contrary, that it shall be holden for nought. 43 Edw. 3. I. Upon which Cook, that famous English Lawyer, said, That albeit Judgments in the Kings Courts, are of high regard in Law, and Judicia are accounted as Juris Dicta; yet it is provided by Act of Parliament, That if any Judgment be given contrary to any of the points of the great Charter, it shall be holden for nought.

He further saith, That upon the Statute of the 25th Edw. 1. Chapter 1. That this great Charter, and the Charter of Forrest, are properly the Common Law of this Land, or the Law is Common to all the People thereof.

4ly Another Statute runs thus, If any Force come to disturb the execution of the Common Law, ye shall cause their bodies to be arrested, and put in Prison; Ye shall deny no man right by the Kings Letters, nor counsel the King any thing that may turn to his damage or disherison. 18 Edw. 3. Chap. 7. Neither to delay Right by any command under the great or little Seal. This is the Judges Charge and Oath. 2 Edw. 3. chap. 14 Ed. 3. 14. II R. 2. chap. 10.

8.

5ly Such care hath been taken, for the preservation of this great Charter, that in the 25th of Edw. 1. It was enacted, That Commissioners should issue forth, that there should be chosen in every Shire-Court, by the commonalty of the same Shire, three substantial men, Knights, or other lawful,

wise, and well disposed persons, to be Justices, which shall be assigned by the Kings Letters, Patents, under the great Seal, to hear and determine (without any other Writ, but only their Commission) such plaints as shall be made upon all those, that commit, or offend against any point, contained in the aforesaid Charters, 21 Edw. 1. chap. I.

6ly The necessity of preserving these Charters, hath appeared in nothing more, than in the care they have taken to confirm them; which as Cook observes, hath been by thirty two Parliaments Confirmed, Established, and Commanded to be put in execution, with the condign punishment they had inflicted upon the Offenders. Cooks Proem, to the second Book of his Inst.

7ly That in the notable Petition of Right, many of these great Priviledges, and free Customs, contained in the aforesaid Charters, and other good Laws, are recited and confirmed, 3 Car. I.

8ly The late King, in his Declaration, at New-Market, 1641, acknowledged the Law to be the Rule of his Power. By which he doubtless intended Fundamental Laws, since it may be the great advantage of Countries, sometimes to suspend the execution of temporary Laws.

Having so manifestly evidenced that venerable esteem, our Ancestors had of that Golden Rule (the Great Charter) with their deep solicitude, to preserve it from the defacing of Usurpation and Faction. We shall proceed to give an account of their just resentment and earnest prosecution against some of those, who in any Age have adventured, to undermine that antient Foundation, by introducing an arbitrary way of Government.

Ist As Juditious Lambard reports in his Saxon Translation; That the Kings in those dayes, were by their Coronation

Oaths obliged to keep the Antient Fundamental Laws and Customs of this Land (of which this great Charter is but declaratory) so did King Alfred (reputed the most famous Compiler of Laws amongst them) give this discovery of his indignation against his own Judges, for actions contrary to those Fundamental Laws, that he commanded the execution of forty of them; which may be a seasonable Caveat to the Judges of our times.

2d Hubert de Burgo, once chief Justice of England (having advised Edw. 1. in the eleventh year of his reign, (in his Counsel holden at Oxford, To cancel this great Charter, and that of the Forrest) was justly sentenced according to Law, by his Peers, in open Parliament. When the Statute called CONFIRMATIONIS CARTARUM was made, in the first Chapter whereof, Magna Charta, is peculiarly called, the Common Law. 25 Edw, 1. Chap. 2.

3d The Spencers, (both Father and Son) for their arbitrary domination, and rash, and evil counsel to Edw. the 2d (by which he was seduced to break the great Charter) were banished for their pains, as Cook relates.

4ly The same fate attended Tresillian and Belknap, for their illegal proceedings.

5ly The Breach of this great Charter, was the ground of that exemplary Justice, done upon Empson and Dudley, whose case is very memorable in this point; For though they gratified Hen. 7. in what they did, and had an Act of Parliament for their Warrant, made the eleventh of his reign; yet met they with their due reward from the hands of Justice, that Act being against Equity and common Reason, and so no justifiable Ground or Apology, for those frequent Abuses, and Opressions of the People, they were found guilty of. Hear what the Lord Cook further saith, concerning the matter

"There was an Act of Parliament, made in the eleventh year of King Hen 7. which had a fair flattering Preamble, pre"tending to avoid divers mischiefs, which were (1st) The high displeasure of Almighty God (2d) The great Let of the "Common Law, And (3d) The great Let of the Wealth of this "" Land. And the purvien of that Act, tended in the execu"tion contrary, EX DIAMETRO. viz. To the high displeasure of Almighty God, and the great Let, nay the utter subversion of the common Law, and the great Let of the Wealth of this Land, as hereafter shall appear; the substance of which Act follows in these words.

TH

Hat from thenceforth, as well Justices of Assize, as Justices of the Peace, in every County, upon information for the King, before them made, without any Finding or Presentment by Twelve men, shall have full Power and Authority, by their discretion; and to hear and determine all Offences, as Riots, unlawfull Assemblies, &c. committed and done against any Act or Statute made, and not repeal'd, &c. (a case that very much resembles this of our own times.)

"By pretext of this Law, Empson and Dudley did commit upon the Subjects, unsufferable Pressure and Oppressions ; and therefore this Statute was justly, soon after the decease of "Hen. 7. repealed, at the next Parliament, after his decease, "by the Statute of the 1 H. 8. chap. 6.

"A good Caveat to Parliaments, to leave all causes to be measured by the Golden and Straight Metwand of the Law, and not to the incertain and crooked Cord of discretion. "It is almost incredible to foresee, when any Maxime, or Fundamental Law, of this Realm is altered (as elsewhere "hath been observed) what dangerous inconveniences do follow; which most expresly appeareth by this most unjust

"and strange Act of the eleventh of H. 7. For hereby, not only Empson and Dudley themselves, but such Justices of Peace "(corrupt men) as they caused to be authorised, committed most grievous, and heavy Oppressions and Exactions; grind"ing the faces of the poor Subjects by penal Laws (be they never so obsolete, or unfit for the time) by information only, without any presentment, or tryal by Jury, being the an"tient Birth-right of the Subject; but to hear and deter"mine the same, by their discretions; inflicting such penalty,

as the Statute, not repealed, imposed. These, and other "like Oppressions and Exactions by, or by the means of Empson and Dudley, and their Instruments, brought infinite treasure to the Kings Cofers, whereof the King himself, at the end, with great grief, and compunction, "repented, as in another place we have observed.

"This Statute of the 11th of H. 7. we have receited, and "shewed the just inconveniences thereof; to the end that "the like should never hereafter be attempted in any Court "of Parliament; and that others might avoid the fearful "end of those two Time-servers, Empson and Dudley, Qui eorum vestigiis insistunt, eorum exitus per horescant.

"

"See the Statute of 8 Edw. 4. chap. 2. a Statute of Liveries, an Information, &c. By the discretion of the Judges, 'to stand as an Original, &c. This Act is deservedly repealed, vide, 12 R. 2. chapter 13. Punishment by dis"cretion &c. vide, 5th of H. 4. Chap. 6, 8. See the Commission of Sewers; discretion ought to be thus described, "Discretio est discernere per Legem, quid sit justum; From "whence three things seem most remarkable.

First, The great equity and justice of the great Charter, with the high value our Ancestors have most deservedly set upon it.