In commenting on the words “per legem terræ” he says:[20] “Against this ancient and fundamental law,” [meaning thereby the “lex terræ” referred to in Magna Charta,] “and in the face thereof, I find an Act of Parliament (11 Hy. VII. cap. 3) made, that as well justices of assize as justices of peace (without any finding of or presentment of the verdict of twelve men), upon a bare information for the king before them made, should have full power and authority by their discretions to mark and determine all offences and contempts committed or done by any person or persons against the form, ordinance, and effect of any statute made and not repealed, etc.... By colour of which Act, shaking this fundamental law, it is not credible what horrible oppressions and exactions to the undoing of infinite numbers of people were committed by Sir Richard Empson, Knt., and Edm. Dudley, being justices of peace, throughout England, and upon this unjust and injurious act (as commonly in like cases it falleth out[21]) a new office was created, and they made masters of the king’s forfeitures. But at the parliament holden in the first year of Henry VIII., this Act of Henry VII. is recited and made void and repealed, and the reason thereof is yielded (Hy. VIII. cap. 6), for that by force of the said Act it was manifestly known that many sinister and crafty, feigned, and forged informations had been pursued against divers of the king’s subjects to their great damage and wrongful vexation. And the ill success thereof, and the fearful ends of these two oppressors, should deter others from committing the like, and should admonish parliaments that, instead of this ordinary and precious trial ‘per legem terræ’ they bring not in absolute and partial trials by discretion.” CHAPTER II. I have now set forth the great principles of Magna Charta, and the foundations of these principles, and have endeavoured to show how much English liberty depends on the preservation of jury trial. I have now to show how the Contagious Diseases Acts destroy these bulwarks of English liberty.