English liberties, or, The free-born subject's inheritance containing, I. Magna Charta, the petition of right, the Habeas Corpus Act ... II. The proceedings in appeals of murther, the work and power of Parliament, the qualifications necessary for such ... III. All the laws against conventicles and Protestant dissenters with notes, and directions both to constables and others ..., and an abstract of all the laws against papists.

An Act for Regulating of the Privy Council, and for taking away the Court commonly called the Star-Chamber.

VVHereas by the Great Charter many times confirmed in Parliament, it is Enacted, That no Freeman shall be taken or Im∣prisoned, or Disseized of his Freehold or Liberties, or Free Customs, or be Outlawed or Exiled, or other∣wise destroyed; and that the King will not pass upon him, or condemn him, but by lawful Judg∣ment of his Peers, or by the Law of the Land: (2.) And by another Statute made in the fifth year of the Reign of King Edward, it is Enacted, That no man shall be Attached by any Accusation, nor fore-judged of Life or Limb, nor his Lands, Tenements, Goods nor Chattels seized into the

King's Hands against the Form of the Great Char∣ter, and the Law of the Land: (3.) And by ano∣ther Statute made in the five and twentieth year of the Reign of the same King Edward the third, it is Accorded, Assented, and Established, That none shall be taken by Petition, or Suggestion made to the King, or to his Council, unless it be by In∣dictment or Presentment of good and lawful peo∣ple of the same Neighbourhood, where such Deeds be done, in due manner, or by Process made by Writ Original at the Common Law; and that none be put out of his Franchise or Freehold, unless he be duly brought in to Answer, and fore-judged of the same by the course of the Law: And if any thing be done against the same, it shall be Redres∣sad, and holden for none: (4.) And by another Statute made in the eight and twentieth year of the Reign of the same King Edward the Third, it is amongst other things Enacted, That no Man of what Estate or Condition soever he be, shall be put out of his Lands or Tenements, nor taken, nor Imprisoned, nor Dis-inherited, without being brought in to Answer by due Process of Law: (5.) And by another Statute made in the two and fortieth year of the Reign of the said King Edward the Third, it is Enacted, That no Man be put to Answer without Presentment before Justices, or matter of Record, or by due Process and Writ Ori∣ginal, according to the Old Law of the Land; and if any thing be done to the contrary, it shall be void in Law, and holden for Errour: (6.) And by ano∣ther Statute in the six and thirtieth year of the Reign of the same King Edward the Third, it is amongst other things Enacted, That all Pleas which shall be pleaded in any Courts before any of the King's Justices, or in his other places; or before any of his other Ministers, or in the Courts and places of any other Lords within the Realm, shall

be Entred and Enrolled in Latine: (7.) And whereas by the Statute made in the third year of King Henry the Seventh, Power is given to the Chan∣cellor, the Lord Treasurer of England, for the time being, and the Keeper of the Kings Privy Seal, or two of them, calling unto them a Bishop, and a Temporal Lord of the King's Most Honourable Council, and the Two Chief Justices of the King's Bench and Common Pleas for the time being, or other two Justices in their Absence, to proceed as in that Act is expressed, for the punishment of some particular Offences therein mentioned: (8.) And by the Statute made in the one and twentyeth year of King Henry the Eighth, the President of the Coun∣cil is Associated to joyn with the Lord Chancellour, and other Judges in the said Statute of the Third of Henry the Seventh mentioned: (9.) But the said Judges have not kept themselves to the points li∣mited by the said Statute, but have undertaken to punish where no Law doth warrant, and to make Decrees for things having no such Authority, and to Inflict heavier punishments than by any Law is warranted.

2.

And forasmuch as all matters Examinable or Determinable before the said Judges, or in the Court commonly called the Star-Chamber, many have their proper Remedy and Address, & their due punishment and correction by the Common Law of the Land, and in the ordinary course of Justice elsewhere: (2.) And forasmuch as the Reasons and Motives inducing the Erection and Continuance of that Court do now cease; (3.) And the Proceedings, Censures and Decrees of that Court, have by Ex∣perience been found to be an Intollerable Burthen to the Subject, and the means to Introduce an Ar∣bitrary Power and Government: (4.) And forasmuch as the Council-Table hath of late times assumed unto it self a Power to Intermeddle in Civil, and

matters only of private Interest between Party and Party, & have adventured to determin of the Estates and Liberties of the Subjects, contrary to the Law of the Land, and the Rights and Priviledges of the Sub∣ject, by which great and manifold mischiefs and in∣conveniences have arisen and happened, and much Incertainty by means of such proceedings hath been conceived concerning mens Rights and Estates; for settling whereof, and preventing the like in time to come;

3.

Be it Ordained and Enacted by the Authority of this present Parliament, That the said Court com∣monly called the Star-Chamber, and all Jurisdicti∣on, Power and Authority belonging unto, or Exer∣cised in the same Court, or by any the Judges, Of∣ficers or Ministers thereof, be from the first day of August, in the Year of our Lord God, one thousand six hundred forty and one clearly and absolutely dis∣solved, taken away and determined; (2.) And that from the said first day of August, neither the Lord Chancellour or Keeper of the Great Seal of England, the Lord Treasurer of England, the Keeper of the Kings privy Seal, or President of the Council, nor any Bishop, Temporal Lord, privy Councellour, or Judge, or Justice whatsoever, shall have any power or Authority to hear, examine or determine any mat∣ter or thing whatsoever in the said Court common∣ly called the Star-Chamber, or to make, pronounce, or deliver any Judgment, Sentence, Order or Decree; or to do any Judicial or Ministerial Act in the said Court: (3.) And that all and every Act and Acts of Parliament, and all and every Article, clause, and Sentence in them, and every of them, by which any Jurisdiction, Power or Authority is given, Limited or appointed, unto the said Court commonly called the Star-Chamber, or unto all, or any the Judges, Of∣ficers or Ministers thereof, or for any Proceedings to be had or made in the said Court, or for any mat∣ter

or thing to be drawn into question, Examined or determined there, shall for so much as concerneth the said Court of Star-Chamber, and the power and Authority thereby Given unto it, be from the said first day of August Repealed and Absolutely Revok∣ed and made void.

4.

And be it likewise Enacted, That the like Jurisdiction now used and Exercised in the Court before the President and Council in the Mar∣ches of Wales; (2.) and also in the Court before the President and Council Established in the Northern parts; (3.) and also in the Court commonly called, the Court of the Dutchy of Lancaster, held before the Chancellour and Council of that Court; (4.) And also in the Court of Exchequer of the County Palatine of Chester, held before the Chamberlain and Council of that Court; (5.) The like Juris∣diction being Exercised there, shall from the said first day of August, one thousand six hundred, forty and one, be also Repealed and Absolutely Revoked, and made void, any Law, prescription, Custom or Usage, or the said statute made in the third year of King Henry the Seventh, or the statute made the one and twentieth of Henry the Eighth, or any Act or Acts of Parliament heretofore had or made, to the Contrary thereof in any wise notwithstanding: (6.) And that from henceforth no Court, Council, or place of Judicature shall be Erected, Ordained, con∣stituted or appointed within this Realm, of England, or Dominion of Wales, which shall have, use or Ex∣ercise, the same, or the like Jurisdiction, as is or hath been used, practised, or Exercised in the said Court of Star-Chamber.

5.

Be it likewise declared and Enacted by Au∣thority of this present Parliament, That neither His Majesty, nor his Privy Council, have or ought to have any Jurisdiction, Power or Authority by Eng∣lish Bill, Petition, Articles, Libel, or any other Arbi∣trary

way whatsoever, to Examine or draw into question, determine or dispose of the Lands, Tene∣ments, Hereditaments, goods, or Chattels of any of the Subjects of this Kingdom; but that the same ought to be tryed and determined in the ordinary Courts of Justice, and by the ordinary course of the Law.

6.

And be it further provided and Enacted, That If any Lord Chancellor, or Keeper of the Great Seal of England, Lord Treasurer, Keeper of the Kings Pri∣vy Seal, President of the Council, Bishop, Temporal Lord, Privy Councillor, Judge or Justice whatso∣ever, shall offend, or do any thing contrary to the purport, true intent and meaning of this Law, Then he or they shall for such offence forfeit the sum of five hundred pounds of lawful Money of England, unto any party grieved, his Executors or Admini∣strators, who shall really prosecute for the same, and first obtain Judgment thereupon, to be Reco∣vered in any Court of Record at Westminster, by Action of Debt, Bill, Plaint, or Information, wherein no Essoign, Protection, Wager of Law, Aid-prayer, Priviledge, Injunction or Order of Restraint, shall be in any wise prayed, granted or allowed; nor any more than one Imparlance: (2.) And if any person against whom any such Judgment or Recovery shall be had as aforesaid, shall after such Judgment or Recovery, offend again in the same, then he or they for such offence shall forfeit the Sum of one thou∣sand pounds of lawful Money of England, unto any party grieved, his Executors or Administrators, who shall really prosecute for the same, and first obtain Judgment thereupon, to be Recovered in any Court of Record at Westminster, by Action of Dept, Bill, Plaint, or Information, in which no Essoign, Pro∣tection, Wager of Law, Aid-prayer, Priviledge, In∣junction or Order of Restraint, shall be in any wise prayed, granted or allowed; nor any more than one Imparlance: (3.) And if any person against

whom any such second Judgment or Recovery shall be had as aforesaid, shall after such Judgment or Recovery, offend again in the same kind, and shall be thereof duly convicted by Indictment, In∣formation, or any other lawful way or means, that such person so convicted, shall be from thenceforth disabled, and become by virtue of this Act Inca∣pable, ipso facto, to Bear his and their said Office and Offices Respectively; (4.) And shall be like∣wise disabled to make any Gift, Grant, Conveyance, or other Disposition of any of his Lands, Tenements, Hereditaments, Goods or Chattels; or to take any Benefit of any Gift, Conveyance or Legacy to his own use.

7.

And every Person so offending shall likewise forfeit and lose to the party grieved, by any thing done contrary to the true intent and meaning of this Law, his treble Damages, which he shall sustain and be put unto, by means or occasion of any such Act or thing done, the same to be Recovered in any of His Majesties Courts of Record at Westminster, by Action of Debt, Bill, Plaint, or Information, where∣in no Essoign, Protection, Wager of Law, Aid-prayer, Priviledge, Injunction, or Order of Restraint, shall be in any wise prayed, granted or allowed, nor any more than one Imparlance.

8.

And be it also provided and Enacted, That if any person shall hereafter be Committed, Re∣strained of his Liberty, or suffer Imprisonment, by the Order or Decree of any such Court of Star-Chamber, or other Court aforesaid, now, or at any time hereafter, having, or pretending to have the same or like Jurisdiction, Power, or Authority to Commit or Imprison as aforesaid: (2.) Or by the Command or Warrant of the King's Majesty, His Heirs and Successors in their own Person, or by the Command or Warrant of the Council-board; or o•• any of the Lords or others of His Majesties Privy

Council: (3.) That in every such Case, every per∣son so Committed, Restrained of his Liberty, or suf∣fering Imprisonment, upon demand or motion made by his Council, or other Imployed by him for that purpose, unto the Judges of the Court of King's-Bench, or Common-Pleas in open Court, shall without delay, upon any pretence whatsoever, for the Ordinary Fees usually paid for the same, have forthwith granted unto him a Writ of Habeas Corpus, to be directed generally unto all and every Sheriffs, Gaoler, Minister, Officer, or other person in whose Custody the person Committed or Restrain∣ed shall be: (4.) And the Sheriffs, Gaoler, Mini∣ster, Officer, or other person, in whose Custody the party so Committed or Restrained shall be, shall at the Return of the said Writ, and according to the command thereof, upon due and convenient notice thereof given unto him, at the Charge of the party who requireth or procureth such Writ, and upon Security by his own Bond given, to pay the Charge of carrying back the Prisoner, if he shall be Remanded by the Court to which he shall be brought; as in like cases hath been used, such Char∣ges of bringing up, and carrying back the Prisoner, to be alwaies Ordered by the Court, if any difference shall arise thereabout, bring or cause to be brought the Body of the said Party so Committed or Re∣strained unto, and before the Judges or Justices of the said Court, from whence the same Writ shall Issue, in open Court: (5.) And shall then likewise certifie the true Cause of such his Detainour or Im∣prisonment, and thereupon the Court within three Court-daies after such Return, made and delivered in open Court, shall proceed to Examine and De∣termine, whether the Cause of such Commitment appearing upon the said Return, be Just and Legal, or not, and shall thereupon do what to Justice shall appertain, either by Delivering, Bailing, or

Remanding the Prisoner: (6.) And if any thing shall be otherwise wilfully done, or omitted to be done by any Judge, Justice, Officer, or other Per∣son aforementioned, contrary to the direction and true meaning hereof, then such person so offend∣ing shall forfeit to the party grieved, his treble Da∣mages, to be Recovered by such means, and in such manner as is formerly in this Act limited and ap∣pointed for the like penalty to be Sued for and Re∣covered.

9.

Provided alwayes, and be it Enacted, That this Act, and the several Clauses therein contained, shall be taken and Expounded to Extend only to the Court of Star-Chamber: (2.) And to the said Courts holden before the President and Council in the Marches of Wales: (3.) And before the Presi∣dent and Council in the Northern parts: (4.) And also to the Court commonly called the Court of the Dutchy of Lancaster, holden before the Chancellor and Council of that Court: (5.) And also in the Court of Exchequer, of the County Palatine of Chester, held before the Chamberlain, and Council of that Court: (6.) And to all Courts of like Juris∣diction to be hereafter Erected, Ordained, Con∣stituted, or Appointed as aforesaid; and to the War∣rants and Directions of the Council-board, and to the Commitments, Restraints and Imprisonments of any person or persons made, commanded or awarded by the King's Majesty, His Heirs or Suc∣cessors in their own Person, or by the Lords and others of the Privy-Council, and every one of them.

And lastly, Provided and be it Enacted, That no person or persons shall be Sued, Impleaded, Mo∣lested or Troubled for any Offence against this pre∣sent Act, unless the party supposed to have so Of∣fended shall be sued or Impleaded for the same within two years at the most after such time, where∣in the said Offence shall be committed.

The Comment.

THE Court of Star-Chamber (so called, because held in a Chamber at Westminster, the Roof of which is garnisht with Golden Stars) was not origi∣nally Erected, but confirmed and establisht by the Stat. of the 3 H. 7. Ca. 1. For there had before been some such Jurisdiction, as Cook observes 4. Instit. fo. 62. yet there is reason to believe, That it grew up rather by Connivance and Usurpation, than any due course of Law. The Crimes it pretended to punish were the Exorbitant Offences of Great Men, (whom Inferiour Judges and Jurors (though they should not) would in respect of their Greatness be afraid to offend) Bribery, Extortion, Maintenance, Champerty, Im∣bracery, Forgery, Perjury, Libelling, Challenges, Duels, &c. Their proceedings were by English Bill, and Process under the Great Seal; and the punish∣ments by them Inflicted were Fines, Imprisonment, Pil∣lory, Cutting off Ears, &c. But whatever pretences there were for the setting up this Court at first, 'tis certain it was made use of as a property of Arbitra∣ry Power to Crush any whom the Ruling Ministers and Favourites had a mind to destroy; and indeed there were Three things in the very nature of this Court, which were destructive to the Original Constitution of our English Government and Liberties. 1. They proceeded without Juries. 2. They pretended to a Power to Examine men upon their Oaths touching Crimes by them supposed to be committed, which is contrary to all Law and Reason; For, Nemo tenetur seipsum Accusare: No man is bound to accuse himself. 3. The Judges of this Court proceeded by no known Law or Rules, but were left at Liberty to Act Arbi∣trarily, and according to their own pleasures; where∣as the Law of Engl. hates to leave to any such an un∣limited Power, but as it marks out the several species

of Crimes, such or such an Act shall be Treason; this Felony, that petty Larceny, &c. So it awards certain and positive punishments, proportionate to each of them. Therefore this Court being found a Grievance to the Subject, was by this Act dissolved and taken away.

And to the intent nothing of the like kind should by any other name be practised for the future, it is Declared and Enacted, That the King and His Privy Council shall not question or dispose of the Lands or Goods of any Subjects: And if they do, each Privy Counsellor or present forfeits 500l. to the party grieved.

A Clause in the Act of 31. Car. 2. C. 1.

Whereas by the Laws and Customs of this Realm, the Inhabitants thereof cannot be compelled against their wills to receive Souldiers into their Houses, and to sojourn them there, Be it Declared and Enacted by the Authority aforesaid, That no Officer, Military or Civil, nor any other person whatever, shall from henceforth presume to Place, Quarter or Billet any Souldier or Souldiers upon any Sub∣ject or Inhabitant of this Realm, of any degree, quality or profession whatever, without his consent; And that it shall, and may be lawful for every such Subject and Inha∣bitant, to refuse to Sojourn or Quarter any Souldier or Souldiers, notwithstanding any Command, Order, War∣rant or Billeting whatever.

HAVING thus recited several of the most mate∣rial Statutes provided by the care and wisdom of our Ancestors and prudent Legislators for the Guarding and Securing our English Liberties, I shall now for the Reader's Information, proceed to add certain other Laws of another nature; And first give the Reader all the Statutes at this day in force against Protestant Dissenters upon the account of Religion; And secondly, an Abstract of all the Laws against Papists.

And in order to the first of these, we begin with a Statute touching the Writ De Excommunicato Capi∣endo, upon which many people have been prosecuted. Which Act is as followeth: