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upon, yet notwithstanding they committed me, | in the 3d of Car. 1. and in good laws of Engtogether with Isaac Grey and John Bolton, to | land; and therefore I desire the benefit and New-Prison, where we continued for some days, and were then removed to Newgate, where we remained until the sessions at the Old Bailey; when I was brought to the bar. Chief Judge, (Sir Robert Forster.) John Crook, when did you take the oath of Allegiance?

J. Crook. I desire to be heard.

C. Judge. And to the question, and you shall be heard.

Crook. I have been about six weeks in prison, and am I now called to accuse myself? For the answering to this question in the negative is to accuse myself, which you ought not | to put me upon; for, Nemo debet seipsum prodere.' I am an Englishman, and by the law of England I ought not to be taken nor imprisoned, nor disseized of my freehold, nor called in question, nor put to answer, but according to the law of the land; which I challenge as my birth-right, on my own behalf, and all that hear me this day (or words to this purpose). I stand here at this bar as a delinquent, and do desire that my accuser may be brought forth to accuse me for my delinquency, and then I shall answer to my charge (if any I be guilty of).

observance of them: And you that are Judges
upon the bench ought to be my counsel, and
not my accusers, but to inform me of the
benefit of those laws, and wherein I am
ignorant you ought to inform me,
that I may
not suffer through my own ignorance of those
advantages which the laws of England afford
me as an Englishman.

C. Judge. We sit here to do justice, and are upon our oaths, and we are to tell you what is law, and not you us: Therefore, Sirrab, you are too bold.

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Crook. Sirrah is not a word becoming a Judge; for I am no felon; neither ought you to menace the prisoner at the bar: for I stand here arraigned as for my life and liberty, and the preservation of my wife and children, and outward estate (they being now at the stake); Therefore you ought to hear me to the full what I can say in my own defence, according to law, and that in its season, as it is given me to speak: Therefore I hope the Court will bear with me, if I am bold to assert my liberty as an Englishman and as a Christian: and if I speak loud, it is my zeal for the truth, and for the name of the Lord; and mine innocency makes me bold.

Judge. It is an evil zeal. [interrupting John Crook.]

C. Judge. You are here demanded to take the Oath of Allegiance, and when you have done that, then you shall be heard about the other; Crook. No, I am bold in the name of the for we have power to tender it to any man. Lord God Almighty, the everlasting Jehovah, Crook. Not to me upon this occasion, in to assert the truth, and stand as a witness for this place; for I am brought hither as an offenderit: let my accuser be brought forth, and I am already and not to be made an offender ready to answer any Court of Justice. here, or to accuse myself; for I am an Englishman, as I have said to you, and challenge the benefit of the laws of England, for by them, is a better inheritance derived to me as an Englishman, than that which I receive from my parents; for by the former the latter is preserved: and this the 29th chapter of Magna Charta, and the Petition of Right, mentioned

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Then the Judge interrupted me, saying, Sirrah,' with some other words I do not remember: But I answered, You are not to threaten me, neither are those menaces fit for the mouth of a Judge: for the safety of a prisoner stands in the indifferency of the Court; And you ought not to behave yourselves as parties; seeking all advantages against the prisoner, but not heeding any thing that may make for his clearing or advantage- -The Judge again

Judge. Sirrah, you are to take the oath, and here we tender it you [bidding me to read it].

Crook. Let me see mine accuser, that I may know for what cause I have been six weeks imprisoned, and do not put me to accuse myself by asking me questions; but either let my accuser come forth, or otherwise let me be discharged by proclamation, as you ought to do-Here I was interrupted again.

er deed of gift, or to be in any office within
Great Britain, or to vote for members of par-interrupted me, saying,
liament; and shall forfeit 500l., to be recover-
ed by any informer. And by s. 10. two jus-
tices or other persons specially commissioned,
may tender the said oaths to any person whom
they suspect to be dangerous or disaffected to
his majesty or his government, and on their
neglect or refusal to take the said oaths, may
certify the same to the next quarter sessions;
which being there recorded, shall be from thence
certified by the clerk of the peace into the
courts of Chancery or King's Bench; and
every person so neglecting or refusing to take
the said oaths shall, from the time of his neg-
lect or refusal, be adjudged a popish recusant
convict, and as such to forfeit and be proceeded
against. The same punishment is denounced
by s. 11, against such as, being lawfully sum-
moned to appear and take the oaths, neglect
or refuse to do so." See also ch. 1, s. 5, of the
same work.

Judge Twisden. We take no notice of your being here otherwise than of a straggler, or as any other persons, or of the people that are here this day; for we may tender the oath to any man. And another Judge spake to the like purpose.

Crook. I am here at your bar as a prisoner restrained of my liberty, and do question whe ther you ought in justice to tender me the oath on the account I am now brought before you,

because I am supposed to be an offender, or else why have I been six weeks in prison already? Let me be cleared of my imprisonment, and then I shall answer to what is charged against me, and to the question now propounded; for I am a lover of justice with all my soul, and ain well known by my neighbours where I have lived, to keep a conscience void of offence both towards God, and towards

man.

Judge. Sirrah, leave your canting. Crook. Is this canting, to speak the words of the Scripture ?

Judge. It is canting in your mouth, though they are St. Paul's words.

Crook. I speak but the words of the Scripture, and it is not canting though I speak them; but they are words of truth and soberness in my mouth, they being witnessed by me, and fulfilled in me.

Judge. We do ask you again, whether you will take the Oath of Allegiance? It is but a short question, you may answer it if you will.

Crook. By what law have you power to tender it? [Then, after some consultation to gether by whispering, they called for the Statute-Book, and turning over the leaves, they answered,]

Judge. By the 3d of king James.*

Crook. I desire that statute may be read; for I have consulted it, and do not understand that you have power by that statute to tender me the oath, being here before you in this

or persons other than noblemen or noblewomen, shall refuse to answer upon oath to such bishop or justices of peace examining him or her as aforesaid, or to take the said oath so duly tendered unto him or her by such bishop, or two such justices of peace out of sessions, that then the said justices of peace shall and may commit the same person to the Common Gaol, there to remain without bail or mainprise until the next assizes, or general or quar ter-sessions to be holden for the said shire, division, limit or liberty, where the said oath shall be again in the said open assizes or sessions, required of such person by the said justices of assize, or justices of peace then and there present, or the greater number of them. And if the said person or persons, or any other person whatsoever, other than noblemen or noblewomen, of the age of 18 years or above, shall refuse to take the said oath, being tendered unto him or her by the justices of assize and gaol delivery, in their open assizes, or the justices of peace or the greater part of them, in their said general or quarter-sessions, every person so refusing shall incur the danger and penalty of Pramunire, mentioned in the statute of Pramunire, made in the 16th year of the reign of Richard the 2nd, except women covert, who upon refusal of the said oath shall be by the said justices of assize in their open assize, or justices of peace in their general or quarter-sessions, for the said offence committed only to the Common Gaol, there to remain without bail or mainprise, till they will take the said oath. The tenor of which said oath

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By st. 3 Jac. 1, c. 4, for the better trial how his majesty's subjects stand affected in point of their loyalty and due obedience: it was enacted, "That from, and after the end of this present session of parliament, it shall be lawful to and for any bishop in his diocese, or any two justices of the peace, whereof one of them to be of the Quorum within the limits of their jurisdiction, out of the sessions, to require any person of the age of 18 years or above, being, or which shall be convict or in-hereafter followeth : dicted of or for any recusancy, other than no- "I A. B. do truly and sincerely acknowblemen or noblewomen, for not repairing to ledge, profess, testify and declare in my condivine service according to the laws of this science before God and the world, That our realm, or which shall not have received the said 'sovereign lord king James is lawful and rightsacrament twice within the year next passed, ful king of this realm, and of all other his manoblemen and noblewomen excepted, or anyjesty's dominions and countries; and that the person passing in or through the county, shire, Pope neither of himself, nor by any authority or liberty and unknown, except as is last be- of the church or see of Rome, or by any other fore excepted, that being examined by them means, with any other, hath any power or upon oath, shall confess or deny himself or authority to depose the king, or to dispose herself to be a recusant, or shall confess or not any of his majesty's kingdoms or dominions, deny that he or she had not received the sacra- 'or to authorise any foreign prince to invade ment twice within the year then last past, to or annoy him, or his countries, or to discharge take the oath hereafter following, upon the any of his subjects of their allegiance and Holy Evangelist: which the said bishop or two ' obedience to his majesty, or to give licence justices of the peace shall certify in writing, or leave to any of them to bear arms, raise subscribed with his or their hands at the next 'tumult, or to offer any violence or hurt to his general or quarter-sessions for that shire, limit, majesty's royal person, state or government, division or liberty with which the said oath or to any of his majesty's subjects within his shall be so taken, the Christian name, surname majesty's dominions. Also I do swear from and place of abode of every person which shall my heart, that notwithstanding any declaraso take the said oath, which certificate shall be 'tion or sentence of excominunication or dethere recorded by the clerk of peace or town 'privation made or granted, or to be made or clerk, and kept amongst the records of the said granted by the Pope or his successors, or by session." any authority derived, or pretended to be derived from him or his see, against the said

And further, "That if any such person

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place upon this occasion, as a delinquent already; and therefore I desire the Judgment of the Court in this case, and that the statute may be read.

Then they took the Statute-Book and consulted together upon it, and one said; We are the Judges of this land, and do better understand our power than you do, and we do judge we may lawfully do it.

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Crook. Is this the Judgment of the Court? Judge. Yes.

'king his heirs or successors, or any absolution of the said subjects from their obedience, I 'will bear faith and true allegiance to his majesty his heirs and successors, and him or them will defend to the uttermost of my power, against ali conspiracies and attempts whatsoever which shall be made against his or their persons, their crown and dignity, by reason or colour of any such sentence or declaration, or otherwise, and will do my best endeavour to disclose and make known unto his majesty, his heirs and successors, all treasons and traitorous conspiracies, which I shall know or 'hear of, to be against him or any of them. And I do further swear, that I do from my heart abhor, detest and abjure as impious and 'heretical, this damnable doctrine and position, That princes which be excommunicated or deprived by the Pope, may be deposed or murdered by their subjects, or any other whatso'ever. And I do believe and in my conscience am resolved, that neither the Pope nor any person whatsoever, hath power to absolve 'me of this oath, or any part thereof, which I acknowledge by good and full authority to be 'lawfully ministered unto me, and do renounce all pardons and dispensations to the contrary. And all these things I do plainly and sincerely acknowledge and swear, according to these 'express words by me spoken, and according to the plain and common sense and under. standing of the same words, without any equi'vocation or mental evasion, or secret reserva'tion whatsoever. And I do make this recognition and acknowledgement heartily, willingly and truly, upon the true faith of a Chris'tian. So help me God.'"

6

The following Report of a Case upon this statute is in Kelyng, p. 38. "At the same time and sessions (Dec. 7, 1664, Old Bailey), one Isaac Marriot and others were committed, and the mittimus was for refusing to take the Oath of Allegiance, and so the justice of the peace thought to bring them into a Præmunire, but the Court discharged him and the rest, be cause the Oath intended was the Oath enjoined by the statute of 3 Jac. 1, c. 4, and it is not an Oath of Allegiance, though it be commonly so called; but in truth it is an Oath of Obedience, and so the Court discharged them because there was no such Oath of Allegiance,

&c."

How the law stands at present, is stated in the preceding notė.

VOL. VI.

Crook. I desire the statute to be read that empowers you to tender the oath to me upon this occasion in this place; for, Vox audita 'perit, sed litera scripta manet,' therefore let me hear it read.

Judge. Hear me.

Crook. I am as willing to hear as to speak. Judge. Then hear me: You are here required to take the oath by the court, and I will inform you what the penalty will be in case you refuse: for, your first denial shall be recorded, and then it shall be tendered to you again at the end of the sessions, and upon the second refusal you run a Premunire, which is the forfeiture of all your estate, if you have any, and imprisonment during life.

Crook. It is justice I stand for; let me have justice, in bringing my accuser face to face, as by law you ought to do, I standing at your bar as a delinquent; and when that is done, I will answer to what can be charged against me, as also to the question; until then I shall give no other answer than I have already done, at least at present.

Then there was a cry in the court, "Take him away,' which occasioned great interruption, and J. Crook spake to this purpose, saying, Mind the fear of the Lord God, that you may come to the knowledge of his will,

* Pramunire is a law corruption of Pramonere. The words Præmunire facias' being in the writ of citation or warning (garnissement, it is called, in 27 E. 3. st. 1, c. 1. which is the first stat. of Præmunire. See Barrington's Observations on the Statute of Provisors, 27 E. 3: st. 6. though the stat. of 16 R. 2. c. 5. is usually called the stat. of Premunire, 4 Blackst. Commen. 412.) for the execution of certain statutes against the Papal power, have caused to be given, not only to the writ, but to the offence itself of maintaining the Papal power, the name of Præmunire. The punishment is thus shortly summed up by lord Coke: From the conviction the defendant shall be out of the king's protection, and his lands and tenements, goods and chattels forfeited to the king, and his body shall remain in prison at the king's pleasure, (or as other authorities, says Blackstone, quoting Bulstrode's Reports, have it, during life). Imprisonment for life, Blackstone notices, amounts to no more than imprisonment during the king's pleasure, since the king has the prerogative of remitting the whole or any part of the punishment, except indeed, in the case of a Præmunire incurred by offending against the Habeas Corpus Act, st. 31. C. 2. s. 2. Prosecutions on a Præmunire are, as Mr. Christian mentions, unheard-of in our courts. And accordingly in Mr. East's copious Treatise of the Pleas of the Crown,' there is no such title as Præmunire,' nor is the word to be found in the Index to that work. See more

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learning respecting Præmunire in Blackst. Commen. Bock 4. ch. 8.; Barrington's Observations on the Statute of Provisors; and Co. Litt. 391, a, and the notes to the last edition.

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Chief Judge. Friend Crook, We have given you time to consider of what was said yesterday to you by the court, hoping you may have better considered of it by this time: therefore, without any more words, will you take the Oath? [and called to the clerk, and bid him read it.]

Crook. I did not, neither do I deny allegigiance, but do desire to know the cause of my so long imprisonment; for, as I said, I stand at your bar as a delinquent, and am brought hither by force, contrary to the law; therefore let me see my accuser, or else free me by proclamation, as I ought to be, if none can accuse me: For the law is grounded upon right reason, and whatsoever is contrary to right reason, is contrary to law; and therefore if no accuser appear, you ought to acquit me first, and then I shall answer, as I have said, if any new matter appear; otherwise it is of force, and that our law abhors, and you ought not to take notice of my so being before you; for what is not legally so, is not so; and therefore I am in the condition, as if I were not before you: and therefore it cannot be supposed in right reason, that you have now power at this time, and in this place, legally to tender me the oath.

Judge. Read the oath to him. [And so the clerk began to read.]

Crook. I desire justice according to the laws of England for you ought first to convict me concerning the cause of my so long imprisonment for you are to proceed according to laws already made, and not to make laws; for you ought to be the ministers of the law.

:

Judge. You are a saucy and an impudent fellow; will you tell us what is law in our duties? Then said he to the clerk, Read on; and when the clerk had done reading,

Crook said, Read the preface to the Act: I say again, read the title and preamble to the act; for titles to laws are Claves Legum, as keys to open the law: For by their titles laws are understood and known, as men by their faces. Then the judges would have interrupted me, but I said as followeth, If you will not hear me, nor do me justice, I must appeal to the Lord God of heaven and earth, who is judge of quick and dead, before whom we shall all appear to give an account for the deeds done in the body; for he will judge between you and me this day, whether you have done me justice or not.

These words following, or the like, I spake as going from the bar, being pulled away, viz.

Mind the fear of the Lord God, that you may do justice, lest you perish in his wrath: For some time the Court cried, Pull him away,' and then said, Bring him again :' and thus they did several times, like men in confusion and disorder.

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The same day in the afternoon, silence being made, John Crook was called to the bar beIndictment being read, fore the Judges and Justices aforesaid: the

The Indictment was as follows: London ss. Jur' pro Domino Rege super sacrament' suum præsentant, Quod ad general' quarterial' session' pacis Domini Regis, tent' pro civitat' London apud Guildhald' ejusdem civitat', die Mercurii scil' vicesimo quinto die Junii, anno regni Domini nostri Caroli secundi, Dei gratia Angliæ, Scotia, Franciæ, et Hiberniæ Regis, fidei defensoris, &c. quarto decimo, coram Johanne Frederick Milite, Majore civitat' London, Thoma Adams Mil' et Baronet', Ricardo Browne Mil' et Baronet' et Thoma Aleyn Milite et Baronet', Aldermannis dictæ civitat', ac al' sociis suis Justic' dicti Dom' Regis, ad pacem in civitat' præd' conservand', necnon ad divers' felon', transgr', et al' malefacta infra eandem civitat' perpetrat', audiend' et terminand' assign'. Sessio ista pacis adjornant' fuit per præfat' Justic' dicti Dom' Regis ibidem usque diem Jovis, scilicet vicesimum sextum diem ejusdem mensis Junii, anno supradicto, ad horam septimam ante merid' ejusdem diei, apud Justice-Hall in le Old Bailey, in paroch' sanct' Sepulchri, in warda de Farringdon extra London præd', tenend' coram præfat' Justic' et al' sociis suis, ad faciend' ulterius prout cur' con' &c. Ac ad eundem diem Jovis, vicesimum sextum diem Junii, anno quarto decimo supradicto, general' quarterial' sessio ista pacis tent' suit pro civitat' London præd' per adjornament' præd', apud Justice-Hall præd', paroch' et ward', præd' coram præfat Johe' Frederick Milite, Majore civitat' London, Thoma Adams Mil' et Baronet', Ricardo Browne Mil' et Baronet', et Thoma Aleyn Mil' et Baronet', Aldermannis dictæ civitat', ac Willielmo Wilde Mil' et Baronet', uno Servien' dicti Dom' Regis ad legein, ac Recordator' civitat' præd', ac al' sociis suis Justic' dicti Dom' Regis ad pacem in civitat' præd' conservand', necnon ad divers' felon', transgr', et al' malefacta infra eandem civitat' perpetrat', audiend' et terminand' assign'. Ac adtunc et ibidem præd' general' quarterial' sessio pacis præd' ulterius adjornant' fuit per præfact' Justic' usque diem Veneris, scilicet vicesimum septimum diem mensis Junii, anno quarto decimo supradicto, ad horam septimam ante merid' ejusd' diei, apud Justice-Hall præd', in parochia et warda præd' tenend', coram præfat' Justic' et al' sociis suis, ad faciend' ulterius prout cur' con'. Ac superinde ad istam eandem general' quarterial' session' pacis, tent' pro civitat' London per adjoruament præd' apud Justice-Hall præd', in paroch' et warda præd', dicto die Veneris vicesimo sep

The Judge said, Mr. Crook, You have heard your Indictment, what say you, are you Guilty, or Not Guilty?

J. Crook. I desire to speak a few words in humility and soberness, in regard my estate and liberty lies at stake, and am like to be a precedent for many more; therefore I hope the court will not deny me the right and benefit of the law, as being an Englishman; I have tino die Junii, anno quarto decimo supradicto, corain præfat' Johanne Frederick Milite, Majore civitat' London, Thoma Adams Mil' et Baronet', Ricardo Chiverton Armigero, et Thoma Aleyn Mil' et Baronet', Aldermannis dictæ civitat', ac Willielmo Wilde Milite et Baronet', uno Servien' dicti Domini Regis ad legem, ac Recordator' ejusdem civitat', ac al' sociis suis Justic' dicti Domini Regis ad pacem in civitat' præd' conservand', necnon ad divers' felon', transgr' et al' malefacta infra eand' civitat' perpetrat', audiend' et terminand' assign', in aperta general' quarterial' session' prad', præfat' Justiciar' pacis ult' nominant" existentes major pars Justic' pacis ipsius Domini Regis infra dictam civitatem London adtunc, scilicet dicto vicesimo septimo die Junii, anno quarto decimo supradicto, apud dictam paroch' sancti Sepulchri, in warda de Farringdon extra London præd' præsen' existent', obtulerunt (Anglice did tender) Johanni Crooke nuper de London Generoso, Johanni Bolton nuper de London Aurifabro, et Isaac Gray nuper de London Generoso, et eor' cuilibet separatim per se (ad tunc existen' et cuilibet eor' existen' ultra ætat' octodecim annorum) jurament' content' in quodam actu in parliament' Domini Jacobi nuper Regis Anglia, tent' per prorogationem apud Westm' in com' Middlesex, quinto die Novembris, anno regni sui Anglia, Franc', et Hiberniæ tertio, et Scotia tricesimo nono, nuper edit' et provis' in his Anglicanis verbis sequen', viz. I do truly and sincerely acknowledge, profess, testify, and declare, in my conscience before God and the world, that our sovereign lord king Charles the Second is lawful and rightful king of this realm, and of all other his majesty's dominions and countries; and that the Pope neither of himself, nor by any authority of the church or see of Rome, or by any other means with any other, hath any power or authority to depose the king, or to dispose of any of his majesty's kingdoms or dominions, or to authorize any foreign prince to invade or annoy him, or his countries, or to discharge any of his subjects of their allegiance and obedience to his majesty, or to give licence or leave to any of them to bear arms, raise tumults, or to offer any violence or hurt to his majesty's royal person, state, or government, or to any of his majesty's dominions. Also I do swear from my heart, that notwithstanding any declaration, or sentence of excommunication, or deprivation made or granted, or to be made or granted by the Pope or his successors, or by any authority derived, or pretended to be derived from him or

some reason, before I speak any thing to the Indictment, to demand and tell you, that I desire to know mine accusers; I have been kept this six weeks in prison, and know not, nor have seen the faces of them.

Judge. We shall afford you the right of the law as an Englishman, God forbid you should be denied it; but you must answer first, Guilty, or Not Guilty, that so in your trial you may his see, against the said king, his heirs or successors, or any absolution of the said subjects from their obedience, I will bear faith and trus allegiance to his majesty, his heirs and suc cessors, and him and them will defend to the uttermost of my power, against all conspiracies and attempts whatsoever, which shall be made against his or their persons, their crown and dignity, by reason or colour of any such sentence or declaration, or otherwise; and will do my best endeavour to disclose and make known unto his majesty, his heirs, and successors, all treasons and traiterous conspiracies which I shall know and hear of to be against him, or any of them. And I do further swear, that I do from my heart abhor, detest, and abjure, as impious and heretical, this damnable doctrine and position, That Princes which be excommunicated or deprived by the Pope, may be deposed or murdered by their subjects, or any other whatsoever. And I do believe, and in my conscience am resolved, that neither the Pope nor any person whatsoever, hath power to absolve me of this oath, or any part thereof, which I acknowledge by good and full authority to be lawfully ministered unto me, and do renounce all pardons and dispensations to the contrary. And all these things I do plainly and sincerely acknowledge and swear, according to these express words by me spoken, and according to the plain and common sense and understanding of the same words, without any equivocation, or mental evasion, or secret reservation whatsoever. And I do make this recognition and acknowledgement heartily, willingly and truly, upon the true faith of a Christian. So help me God. Ac quod præfat' Justic' pacis ult nominat'" ad tunc, scil' dicto vicesimo septimo die Junii, anno quarto decimo supradicto apud paroch' et ward' præd', in dicta quarterial' session' pacis præd', eosdem Joh'em Crooke, Joh'em Bolton, et Isaacum Gray, et eor' quemlibet separatim per se requisiver' ad jurament' illud super sacrosancta Dei Evangel' capiend'. Quodq; iidem Joh'es Crooke, Joh'es Bolton, et Isaacus Gray, jurament' præd', sic per præd' nomi nant' Justic' pacis ejusdem Joh'i Crooke, Joh'i Bolton, et Isaaco Gray, ut præfertur, oblat' et requisit', ad tunc et ibidem obstinate et pertinaciter capere recusaver', et quilibet eor' recusavit, in malum exemplum omnium alior' dicti Domini Regis nunc fidel' subdit' et in contempt' dicti Domini Regis nunc, legumq; suar', contra formam statut' præd', ac contra pacem dicti Domini Regis nunc, coron' et dignitat' suas, &c.

WILD.

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