Selected quad for the lemma: authority_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
authority_n	act_n	jurisdiction_n	power_n	2,376	5	4.8822	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A59002	The second part of the Peoples antient and just liberties asserted in the proceedings against, and tryals of Tho. Rudyard, Francis Moor, Rich. Mew, Rich. Mayfeild, Rich. Knowlman, Gilbert Hutton, Job Boulton, Rich. Thornton, Charles Banister, John Boulton, and William Bayly : at the sessions begun and held at the Old-Bailey in London the last day of the 6th moneth, and there continued till the 7th day of the 7th moneth next following, in the year 1670, against the arbitrary procedure of that court, and justices there : wherein their oppression and injustice are manifested, their wickedness and corruption detected, and the jury-mans duty laid open.	Rudyard, Thomas, d. 1692, defendant.; Moor, Francis, defendant.; Mew, Richard, defendant.; Penn, William, 1644-1718. People's antient and just liberties asserted, in the tryal of William Penn.; England and Wales. Court of Quarter Sessions of the Peace (London)	1670 (1670)	Wing S2312; ESTC R21970	50,633	70

him it is a Trespass and the Goaler shall be answerable for it So that we may undeniably conclude That there is no Fee at all due to any Goaler or Guardian of a Prison from the Prisoner but what is due unto him by special Act of Parliament And if a Goaler or Guardian of a Prisoner shall take any thing as a Fee of his Prisoner he may and ought to be Indicted of Extortion and upon conviction to be removed from his Office and if his Prisoner by Constraint Menace or Dures be enforced to give him Money he may recover that Money against the Goaler again in an Action of the Case at Common Law Item The King Considering the great Perjury Extortion and Oppression which be and have been in this Realm by his Sheriffs Under-Sheriffs and their Clarks Bailiffs and Keepers of Prisons c. hath ordained by Authority aforesaid in eschewing all such Extortion Perjury and Oppression that no Sheriff shall let to Farm in any manner his County nor any of his Bailiwicks Nor that any of the said Officers and Ministers by occasion or under colour of their Office shall take any other thing by them nor by any other Person to their use profit or avail if any person by them or any of them to be arrested or attatched for the omitting of any Arrest or attachment to be made by their Body or of any person by them or any of them by force or colour of their Office arrested or attatched for Fine Fee Suit of Prison Mainprise letting to Bail or snewing any Ease or favour to any such person so arrested or to be attatched for their Reward or Profit but such as follow that is to say For the Sheriff 20 d. The Bailiff which maketh the Arrest or Attachment 4 d. And the Goaler of the Prison if he be committed to ward 4 d. And that all Sheriffs Bailiffs Goalers or any other Officer or Ministers which do contrary to this Ordinance in any point of the same shall lose to the party in this behalf indammaged or grieved his trebble Dammages and shall forfeit the sum of 40 l. for every such Offence the one moiety to the King the other to the Prosecutor to be Recovered at Common Law in either of the Courts of Kings-Bench or Common-Pleas at Westminster This is a perfect Account of the Goalers Fees in all Cases where persons are laid in Prison upon Civil Matters and Causes which Fee of 4 d. is more then any other Statute or Law allows them to take from their Prisoners But in such Cases where the King is party it s stablished That the Prisoners in all the Kings Prisons should be maintained at the Kings Charge and out of the Kings Revenues according to the old Law of the Land much less to have Money extorted from him by the Goaler But look into the Prisons in and about the City of London what horrible Oppressions Extortions and Cruelties are Exercised upon the Free-born People of England yea in most Prisons throughout this Kingdom Which excessive Amercements and Fines after all their other Partial Dealings Lawless Proceedings and Arbitrary Carriages towards the Prisoners from first to last do manifest and evidence to the World their Malice and Envy against an Innocent Upright Quiet and Peaceable People What proportion is there here betwixt the pretended Fault and the assessed Fine provides not the fourteenth Chapter of the Great Charter against such uniust Judgments and partial Censures which declares A Freeman shall not be Amerced for a small Fault but after the quantity of the Fault for a great Fault after the manner thereof and the Amercement shall be assessed by the Oath of Honests Men of the Vicinage H●●e's Justice and Equity Righteousness in Judgment which affords every man Common Right declares That all Offenders ought to be Amerced by their Neighbourhood according to the quantity of the Trespass Wherein have these Judges who are commanded by the Statute of 25 E. 1. Confirmed by Pet. Right 3 Car. 1. allowed the Charter before them in Judgment in all its Points c. It may truly be said that our ancient just and fundamental Laws which Cook on the 14th chapter of Magna Charta calls a Law of Mercy are as the same Author there writes now turned into a Shaddow for by the Wisdom of the Law these Amercements were instituted to deter both Demandants and Plaintiffs from unjust Suits and Tenants and Defendants from unjust Defences which was the Cause in ancient time of fewer suits but now we have but a Shaddow of them Habemus quidem senatus consultum sed in tabulis reconditum tanquam gladium invagina repositum Yea our antient Charters are as a Sword in its Sheath which if drawn are and will be sufficient to defend us against all Injustice Tyranny or Oppression whatsoever But it s often objected by many of their Aversaries That the Publick Meeting Houses wherein the People called Quakers are and have been of late accustomed to meet in and assemble themselves together and out of which the Military Forces do from time to time hale and expel them and by force keep and restrain them from entrance are by Orders of the King and Council invested and stablished in the now King and that he has right to dispose of them as his own Inheritance yea to pull them down sell and burn the material of them as his inferiour Officers have lately dove by some about London and thereupon such who come there to assemble together are Trespasser● Rioters Routers and unlawfull Assemblies and as such are rig●●ly and duely punished according to the Laws To which is answered That by the Ancient and Fundamental Laws which have been already recited as the 29th of Magna Charta There is no mans Right Property or Free-hold shall be taken away from him but by trial of a Jury and the Law of the Land Read Stat. 2 E. 3. 8. 5 E. 3 9. 14 E. 3. 14. 28 E. 3. 3. Regist sol 186. Cook pla sol 4. 56. Cook 2 Inst 45. 3 Inst 136. And set a Statute of latter date 17 Car. 1. cap. 10. Entituled An Act for Regulating the Privy-Council c. which speaks in this wise Be it likewise declared and enacted by the Authority of this present Parliament That neither his Majesty nor his Privy Councel have or ought to have any Jurisdiction Power or Authority by English Bill Petition Articles Libel or any other Arbitrary way whatsoever to examined or draw into question determine or dispose of the Lands Tenements Hereditaments Goods or Chattels of any the Subjects of this Kingdom but that the same ought to be tried and determined in the Courts of Justice and by the ordinary course of Law Also Learned Cook in his 2 Inst sol 36. saith The Common Law of which the great Charter is Declaratory hath so admeasured the preragative of a King as he cannot take or prejudice

The Second Part of the Peoples Antient and Just Liberties ASSERTED In the Proceedings against and TRYALS OF Tho. Rudyard Francis Moor Rich. Mew Rich. Mayfeild Rich. Knowlman Gilbert Hutton Job Boulton Rich. Thornton Charles Banister John Boulton and William Bayly At the Sessions begun and held at the Old-Bailey in London the last day of the 6th Moneth and there continued till the 7th day of the 7th Moneth next following in the year 1670. against the Arbitrary procedure of that Court and Justices there Wherein their Oppression and Injustice are manifested Their Wickedness and Corruption detected and the Jury-Mans Duty laid open Psa 11. 5. The Lord tryeth the Righteous but the Wicked and him that loveth Violence the Lord hateth Prov. 13. 23. There is that destroyeth for want of Judgment Isa 59. 14. Judgment is turned away backwards and Justice standeth afar off c. He that departeth from evil maketh himself a Prey Printed in the Year 1670. The Preface to the READER THat State which would preserve it self from Ruine and Destruction is ever to keep its Inhabitants pure and clean from Vice and Debauchery and their Laws from violation and corruption as the first is a way or means to engage a conscientious obedience and observation of the just and upright Law of God so the second by reason of their due execution are the Sinews or Sanctures that bind the Inhabitants of such State in a perpetual Bond of Safety and Tranquility and it s certainly true where either of these are violated or neglected the ruin of that State is near at hand There 's no better way to incline the Subjects of any State to Morality and Vertile then that those that sit at the Helme or have the Government thereof should hold forth clear Examples and Patterns of Piety and Iustice in their Lives and Actions Regis ad exemplum totus componitur orbis saith the Poet The whole World immitate the Example of their King And as the Divine Historian Josephus observes in his Ecclesiastical History Fol. 209. But saith he mortal men most usually are corrupted by the untoward Flatteries of wavering fortune as appeareth by King Reoboam seeing his Kingdom thus increased he bent himself to all unjust and impious Actions and contemned the Service of God the People also conformed themselves to his Impieties for the Life of the Subjects is oftentimes perverted by reason of the corrupt and dissolute Life of their Princes and those that are Inferiours beholding the Riot of their Superiours will easily be withdrawn from all Modesty and follow those Vices they profess as if they had been their professed Vertues For should they do the contrary they should seem to disanul and mislike the Actions of their Princes The Subjects addicted themselves to Impiety and all Errors for they would not make profession of honesty for fear they should seem to studdy the means to be offensive unto the King From this lively Patern or Representative of our present Times or State we must wish that Princes in this Age would consider and put in practice that Golden Rule of Demosthenes Bene gubernare recte judicare juste facere to Govern well judge rightly and do justly so should their Kingdoms flourish and they themselves be in high estimation in the eyes of their People And next the Princes curious eye over his own personal actions a due heed care and regard is to be had to his Representatives in his Courts of Iustice viz. those Iustices whom he constitutes by his Commission to hear and determine betwixt him and his People that they be such who by their due Administration and faithfull dispensing-of the Laws Justice and Right may be done to all men without respect of Persons But as Vice and Debauchery have devoured and eaten up the Nations practice of Religion scarce leaving us the outside Shell of profession so hath the corruption of our Laws and the violation thereof turned back those wholsom Streams of Iustice which should naturally slow from the use of them And that thou Reader mayst see that thy self art one who is in danger of being buried in the ruines of Religion and Piety as well as thy Civil Rights and Liberties which are the two Basis or Foundations on which thy temporary here and future well-being hereafter consists and stands Cast thy Eye upon the Magistrates of the City of London anciently stiled Caput regni legum in their Court of Iudicature at the Old-Bailey and behold on the one hand Vertue termed Vice Sobriety Debauchery Religion Faction Pious and Peaceable Assemblies Riots and Routs and punished as such On the other hand the Ancient Written Laws denied and their not written ones the Courts Authority Iustice turned into Gaul Right and Equity by Will and Power over-ruled so that it s now become a Proverb Tell me thy Judge and I 'll tell thee thy Law Said the learned Cook Qui non libere veritatem pronunciat proditor veritas est He who conceals Truth is a betrayer thereof Therefore for the sake of Truth and the Readers benefit were these Proceedings made publick and according to that due Observation and impartial Account which could be taken and collected of the manner of that Benches Arraigning and Condemning as well Religion Piety Vertue and Sobriety as Right Equity Liberty and Property with due Comments upon their procedures from the Ancient and Fundamental Laws of this Land are laid to thy view And had not the Mayor and Recorder with the rest of the Bench prohibited many by severe threats from writing down the Courts partial Dealings both towards the Prisoners and Iurors and also by violence took away what others had adventured to collect commanding some to their Bale-dock in all probability this ensuing Piece might have been much more enlarged to thy satisfaction But what has been faithfully Collected and Observed and whereof there were some hundreds of Witnesses is presented to the World the Author desiring rather to spare their Injustice then wrong their Iudicature has contracted this Relation to what comes within the limits of his own knowledge and undeniable proofs but impartially laid Iudgment to the Line and discovered that which may tend to the good of his Country men in the Vindication of the Laws Truth Innocency Equity and Iustice THe Laws of England by Just and upright Ministers and Officers faithfully dispenced and impartially administred have ever been the Upholders and Preservers of Right and Liberty The high esteemed pretious Jewels of its freeborn Inhabitants but when unlimited Prerogatives have spung up like Mushromes out of the sappy Apprehensions aspiring Brains and heady Humors of inferior Officers and Ministers Then Tyranny and Oppression have under disguise of Justice and colour of Law deprived the Commonalty of these things which they have held most pretious and dear to them The pretended Crimes or Offences laid to the charge of Thomas Rudyard are far different in their kind and nature from those