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of his good and lawful people of the fame Neighbourhood, where fuch Deeds be done in due manner, or by Procefs made by Writ original at the Common Law, Nor that none be our of his Franchises, nor of his Free-holds, unless he be duly brought in answer, and fore-judged of the fame by the Courfe of the Law. And if any thing be done against the fame, it fhall be redreffed and holden for none.

By 28. Edw. III. Chap. 3. It is Establisht, That no Man, of what Eftate or Condition that he be, fhall be put out of Land or Tenement, nor taken, nor imprisoned, nor difinherited, nor put to death, without being brought in anfwer by due procefs

of Law.

And by 37. Edm III. Chap. 18. It fays, Tho' it be contained in the Great Charter, That no Man be taken nor imprifoned, nor put out of his freehold, without procefs of the Law, nevertheless divers people make falfe Suggestions to the King himself, as well for Malice as otherwife, whereof the King is often grieved, and divers of the Realm put in damage, against the Form of the fame Charter: Wherefore it is ordained, That all they which make fuggeftion fhall be fent with the fame fuggeftions before the Chancellor, Treasurer and his Grand Council, and that they there find Surety to pursue their fuggeftions, and incur the fame pain that the other should have had if he were attainted, in cafe that his fuggeftions be found evil : And that then procefs of the Law be made against them without being taken and imprisoned against the Form of the faid Charter, and other Statutes.

In the 38. Edw. III. Chap. 9. is contained the Informers punishment, in thefe Words, It is

affented,

affented, That if he that maketh the complaint, cannot prove his Intent against the Defendant by the Procefs limited in the fame Article, he fhall be commanded to Prison, there to abide till he hath made gree to the Party of his damages, and of the flander that he hath fuffered by fuch occafion, and after fhall make fine and ranfome to the King. And the Point contained in the fame Article, that the Plantiff fhall incur the fame pain, which the other should have if he were attainted, shall be out in cafe that his suggestion be found untrue.

And still there is another Law made 42. Edw. III. Chap. 3. In these Words: At the Request of the Commons, by their Petitions put forth in this Par liament, to efchew the Michiefs and Damage done to divers of his Commons by falfe Accufers, which oftentimes have made their Accufations more for revenge, and fingular benefit, than for the profit of the King or his people: which accused Perfons, fome have been taken, and fometime caufed to come before the Kings Council by Writ, and otherwife upon grievous pain against the Law. It is affented and accorded for the good Governance of the Commons, That no Man be put to answer without prefentment before Juftices, or Matter of Record, or by due procefs, and Writ original, according to the old Law of the Land. And if thing from henceforth be done to the contrary, it fhall be void in the Law, and holden for errour.

any

Thefe are Laws that are as much in force as any Statutes whatever, and ought to be as duly obferved: But I befeech you confider to what a degree they have been violated by the Privy Counfel: How have they fent for Gentlemen from all parts of the Nation, upon meer Flamms and Stories ?

No Man could be quiet, but upon any groundless pretence away went a Meffenger, to bring up that Man, not confidering the great charge and trouble they put the Gentleman upon by it. I will mention only that of Sir Giles Gerrard; he was fent for up by a Meffenger to anfwer to I know not what, a bufiefs about a black Box, and who charged him with it: But when it came to be examined it proved nothing but Town talk, and what a pudder did they make? In our Countrey when a Man makes a great stir about a matter, and it ends in nothing that is fignificant, we fay, Billy has found a Pin: So I pray what did this hurly burly of the Black Box end in, but nothing that was worth a ftraw? And to this mighty purpose Sir Giles was fetcht from his Houfe in the Country: And feveral other Gentlemen have been thus ufed againft Law and Reafon. It's ftrange the Privy Council fhould not remember the Bill of Habeas Corpus, which paffed in the laft Parliament, that might have brought to their remembrance thefe Laws that I have mentioned, and might further convince them how precious a thing we esteem our Liberty It puts me in mind of the Petition of Right, and what I have heard and read after it was paffed, how foon it was violated and broken.

The Privy Council has been very unjust to these Gentlemen whom they have molefted by their Meffengers, in that they have not made their Accufers to find Sureties to make good their Accufations as the Law requires, 37. Edw. III. 18. for then idle Stories would not be fo currant by reafon of the Punishment inflicted on thofe falfe Accufers by 37. Edw. III. 18. and 38. Edw. III. 9. which

Laws

t

Lawes are grounded upon the Word of God, Deuteronomie 19. chap. 18. and 19. ver. But now fuch Fellows as are mentioned in the 37. Edw. III. 18. and in 42. Edw. III. 3. who make their Accufation for Malice, or for Revenge, or fingular benefit, more than for the Profit of the King, or his Feople; these I fay, fhall be allowed to accufe honeft Men, though they cannot prove a word of what they fay, and for thefe devices are we to be forc't from our Habitations to appear before the King and his Council. Methinks it's hard play, and yet what remedy have we left but to fit down and be quiet? But without doubt the Land intended a Redress in these Cales, for 25. Edw. III 4. fays, that whatever is done contrary to that Law shall be redrefs't and holden for none; but it does not tell us how fatisfaction is to be had: But fince it is left uncertain, I hope for the future we fhall fo order it, that every Man may have relief against this great Oppreffion, and that I humbly move; for if we let this alone, we leave an Arbitrary uncontroulable Power in the Privy Council, which will never stop till it has made the Law fubject to them.

But I have heard it objected, that if this Power of fending for People be not allowed to the Privy Council, then you put them in a worfer condition than any Juftice of Peace, becaufe by his Warrant he can fend for any body in the County where he lives. I must in the first place deny this altogether; for the confequence is not true: In the next place, I fay that the Law is the best Judge of this, whether the Privy Council ought to have fuch an unlimited Power, and what the Law has determined over and over again ought not to be dif

puted

puted by us; besides it is a thing of dangerous confequence to put Discretion into the Ballance with fo many written Lawes which conferve fo dear a thing as our Liberty.

for

But the Power of the Privy Council is not hereby made less than that of a Juftice of Peace; a Justice of Peace it is to be fuppofed will not fend out his Warrant but upon a just and reasonable ground: What Juftice of Peace ever fent out a Warrant of the good Behaviour against any perfon, but he either first heard the party accused, (which is the juster way) or else the matter was proved upon Oath? Or when was any Warrant of the Peace iffued out but it was grounded upon the Oath of him that demanded the Surety of Peace? And whatever Warrants or Precepts are granted by a Justice of Peace, they ought to be for juft caufes, or else he violates his Truft: So the Privy Council may upon a just Accufation send for any perfon, but without that they cannot, and therefore I do not fee wherein a Justice of Peace has a greater power than the Privy Council, or if he had, yet it would not be fo great a Mischief, for he can only fend for any person that is in the County; but the Privy Council are not limited to this or that County, but their power extends all over England.

But befides, it is unjust to be punisht without a cause, and restraint or being debarr'd of Liberty is a punishment, and whoever he be that would have the Privy Council to exercise this Power, when he has known what it is to be brought up by a Meffenger npon an Idle Story, let him then tell me how he likes it, and anfwer me if he

can.

A

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