Selected quad for the lemma: book_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	call_v	king_n	lord_n	2,772	5	3.6287	3	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A43105	The English-mans right a dialogue between a barrister at law and a jury-man : plainly setting forth, I. the antiquity of juries : II. the excellent designed use of juries : III. the office and just priviledges of juries, by the law of England.	Hawles, John, Sir, 1645-1716.	1680 (1680)	Wing H1185; ESTC R14849	29,854	42

the Protestant Religion in a Sermon preached before the most excellent King Edward the sixth delivered these words I must desire your Grace to hear Poor Mens Suits your self the Saying is now See Latimers Sermons fo 41. the second Sermon before King Edward the sixth That Money is heard every where if he be Rich he shall soon have an end of his Matter others are fain to go home with weeping Tears for any help they can obtain at any Judges Hand Hear Mens Suits your self I require you in Gods behalf and put them not to the Hearing of these Velvet-Coats these Up●skips Amongst all others one especially moved at this time to speak This it is Sir A Gentlewoman came and told me that a Great Man keepeth certain Lands of hers from her and will be her Tenant in spight of her Teeth And that in a whole Twelve-month she could not get but one day for the Hearing of her Matter and the same day when it should be heard the Great Man brought on his side a great sight of Lawyers for his Counsel the Gentlewoman had but one Man of Law and the Great Man shakes him so that he cannot tell what to do so that when the Matter came to the Point the Judge was a means to the Gentlewoman that she should let the Great Man have a quietness in her Land I beseech your Grace that ye youl l look to these Matters And you proud Judges Hearken what God saith in his Holy Book Audite illos ita parvum ut magnum Hear them saith he the Small as well as the Great the Poor as well as the Rich regard no Person fear no man And why Quia Domini Judicium est The Judgment is Gods Mark this Saying thou Proud Judge The Devil will bring this Sentence against thee at the Day of Doom Hell will be full of these Judges if they repent not and amend they are worse than the wicked Judge that Christ speaketh of Luke the 19th that neither feared God nor the World Our Judges are worse than this Judge was for they will neither hear Men for God's sake nor fear of the World nor Importunateness nor any thing else Prison yea some of them will command them to ⋆ ward if they be importunate I heard say That when a Suiter came to one of them he said What fellow is it that giveth these folks counsel to be so importunate he deserves to be Punished and Committed to ward Marry sir punish me then It is even I that gave them Counsel I would gladly be punished in such a Cause and if you amend not I will cause them to cry out upon you still even as long as I live These are the very words of that good Bishop and Martyr Father Latimer Jurym. Truly they are somewhat Bold but I think very Honest ones But what signify they to our discourse Barr. Only this suppose the Judges of those times thinking themselves agrieved by such his Freedom should have brought an Indictment against him setting forth that falsly and maliciously intending to scandalize the Government and the Administration of Justice in this Realm and to bring the same into Contempt he did speak publish and declare the false and scandalous words before recited Jurym. I conceive the Judges had more Wit than to trouble themselves about such a Business Barr. That 's nothing to the purpose but suppose I say by them or any body else it had been done and his speaking the words had been proved and you had then been Living and one of the Jury Jurym. I would have pronounced him not Guilty and been starv'd to Death before I would have consented to a contrary Verdict Because the words in themselves are not Criminal nor reflecting upon any particulars and as for what is supposed to be laid in the Indictment or Information that they were published or spoken to scandalize the Government and the Administration of Justice or to bring the same into Contempt nothing of that appears Barr. You resolve as every Honest Understanding Conscientious man would do in the like Case for when a man is Prosecuted for that which in it self is no Crime how dreadfully soever it may be set out as the Inquisitors in Spain use to Cloath Innocent Protestants whom they Censure to the flames with Sambenito's Garments all over bepainted with Devils that the people beholding them in so Hellish a dress may be so far from pitying them that they may rather Condemn them in their thoughts as Miscreants not worthy to Live though in truth they know nothing of their Cause yet I say notwithstanding any such Bugg-bear Artifice an Innocent man ought to be Acquitted and not he and all his Family ruined and perhaps utterly undone for words or matters harmless in themselves and possibly very well intended but only rendred Criminal by being thus hideously dressed up and wrested with some far-fetch'd forced and odious Construction Jurym. This is a matter well worthy the Consideration of all Juries for indeed I have often wondred to observe the Adverbs in Declarations Indictments and Informations in some Cases to be harmless Vinegar and Pepper and in others Henbane steep'd in Aqua fortis Barr. That may easily happen where the Jury does not distinguish Legal Implications from such as Constitute or materially Aggravate the Crime for if the Jury shall honestly refuse to find the latter in Cases where there is not direct proof of them viz. That such an Act was done Falsly Scandalously Maliciously with an intent to raise Sedition defame the Government or the like their mouths are not to be stopt nor their Consciences satisfied with the Courts telling them you have nothing to do with that its only matter of Form or matter of Law you are only to examine the Fact whether he spoke such words writ or sold such a Book or the like For now if they should ignorantly take this for an Answer and bring in the Prisoner Guilty though they mean and intend of the naked Fact or bare Act only yet the Clerk Recording it demands a further Confirmation saying to them thus well then you say A. B. is Guilty of the Trespass or Misdemeanour in manner and form a he stands Indicted and so you say all to which the Foreman Answers for himself and his fellows Yes Whereupon the Verdict is drawn up Juratores super Sacramentum suum dicunt c. The Jurors do say upon their Oaths that A. B. maliciously in Contempt of the King and the Government with an intent to scandalize the Administration of Justice and to bring the same into Contempt or to raise Sedition c. As the words before were laid spake such Words publisht such a Book or did such an Act against the Peace of our Lord the King his Crown and Dignity Thus a Verdict so called in Law quasi veritatis because it ought to be the Voice or Saying of Truth it self Dictum may become composed in its material

Speaking or Preaching to them Note the Quakers have a Meeting-house in that Street out of which they were then kept by Soldiers and therefore they met as near to it as they could in the open Street but what he said the Witnesses who were Officers and Soldiers sent to disperse them could not hear This was the effect of the Evidence which Sir John Howel the then Recorder as I find in the Print of that Tryal P. 14 was pleased to sum up to the Iury in these words You have heard what the Indictment is 't is for Preaching to the People in the Street and drawing a Tumultuous Company after them and Mr. Pen was speaking if they should not be disturb'd you see they will go on there are three or four Witnesses that have proved this that he did Preach there that Mr. Mead did allow of it After this you have heard by substantial Witnesses what is said against them Now we are upon the Matter of Fact which you are to keep to and observe as what hath been fully sworn at your pern This Tryal begun on the Saturday the Jury retiring after some considerable time spent in debate came in and gave this Verdict Guilty of Speaking in Gray-Church-Street At which the Court was offended and told them they had as good say nothing Adding Was it not an unlawful Assembly you mean he was speaking to a Tumult of People there But the Foreman saying what he had delivered was all he had in Commission and others of them affirming That they allowed of no such word as an unlawful Assembly in their Verdict They were sent back again and then brought in a Verdict in writing subscribed with all their Hands in these words We the Jurors hereafter named do find William Pen to be Guilty of Speaking or Preaching to an Assembly met together in Gray-Church-street the 14th of Aug. 1670. And William Mead not Guilty of the said Indictment * Note though this Jury for their excellent example of courage and constancy deserve the commendation of every good English-man yet if they had been better advis'd they might have brought the Prisoners in Not Guilty ut first saved themselves the trouble and inconveniences of these two Nights Restraint This the Court resented still worse and therefore sent them back again and Adjourned till Sunday morning but then too they insisted on the same Verdict so the Court Adjourned till Monday morning and then the Jury brought in the Prisoners generally Not Guilty which was Recorded and allowed of But immediately the Court fined them Forty Mark a Man and to lie in Prison till paid Being thus in Custody Edw. Bushel one of the said Iurors on the 9th of Nov. following brought his Habeas Corpus in the Court of Common-Pleas On which the Sheriffs of London made Retorn That he was detained by vertue of an Order of Sessions whereby a Fine of forty Marks was set upon him and eleven others particularly named and every of them being Iurors sworn to try the Issues joyned between the King and Pen and Mead for certain Trespasses Contempts unlawful Assemblies and Tumults and who then and there did acquit the said Pen and Mead of the same against the Law of this Kingdom and against full and manifest Evidence and against the direction of the Court in matter of Law of and upon the Premises openly in Court to them given and declared and that it was ordered they should be imprisoned till they severally paid the said Fine which the said Bushel not having done See Bushels Case in Vaughans Reports at large the same was the cause of his Caption and Detention The Court coming to debate the validity of this Retorn adjudged them same insufficient for 1. The Words Against full and manifest Evidence was too general a Cause the Evidence should have been fully and particularly recited else how shall the Court know it was so full and evident they have now only the Iudgment of the Sessions for it that it was so but said the Iudges Our Judgments ought to be Grounded upon our own Inferences and Vnderstandings and not upon theirs 2. It is not said that they acquitted the Persons Indicted against full and manifest Evidence corruptly and knowing the said Evidence to be full and manifest for otherwise it can be no Crime for that may seem full and manifest to the Court which does not appear so to the Iury. 3. The other part of the Return viz. That the Iury had acquitted those Indicted against the direction of the Court in matter of Law was also adjudged to be naught and unreasonable and the Fining of the Juries for giving their Verdict in any Case concluded to be illegal for the several Reasons before recited and other Authorities of Law urged to that purpose and all the Precedents and Allegations brought to justify the Fine and Commitment solidly answered whereupon the Chief Iustice delivered the Opinion of the Court That the Cause of Commitment was insufficient and accordingly the said Bushel and other his Fellow-prisoners were discharged and left to the Common Law for Remedy and Reparation of the Damages by that tortious illegal Imprisonment sustained Which Case is amongst others Reported by that Learned Iudge Sir John Vaughan at that time Lord Chief Iustice of the Common-Pleas setting forth all the Arguments Reasons Authorities on which the Court proceeded therein from which I have extracted most of the Reasons which before I recited for this Point for the greatest part in the very words of that Reverend Author Jurym. This Resolution hath one would think as you said knock'd this Illegal Practice on the Head beyond any possibility of Revival but may it not one day be denied to be Law and the contrary justified Barr No such thing can be done without apparent violating and subverting all Law Justice and Modesty for though the Precedent it self be valuable and without further inquiry is wont to be allowed when given thus deliberately upon solemn debate by the whole Court yet 't is not only that but the sound substantial and everlasting Reasons whereon they grounded such their Resolves that will at all time Justify Fining of Iuries in such Cases to be Illegal besides as the Reporter was most considerable both in his Quality as Lord Chief Justice and for his Parts soundness of Iudgment and deep Learning in the Law so such his Book of Reports is approved and recommended to the World as appears by the Page next after the Epistle by the Right Honourable the present Lord Chancellor of England Sir William Scroggs now Lord Chief Iustice of England my Lord North Chief Iustice of the Common Pleas and in a word by all the Iudges of England at the time of Publishing thereof so that it cannot be imagined how any Book can challenge greater Authority unless we should expect it to be particularly confirm'd by Act of Parliament Jurym. You have answered all my Scruples and since I