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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A65682	The second part of The ignoramus justices, or, An answer to the scandalous speech of Sir W.S. Barronet spoken to the grand-jury at the Sessions of Peace held for the county of Middlesex, at Hick's-hall, on Monday the 24 of April, 1682 : together with several remarks upon the order of Sessions, for the printing and publishing the same / by the same authour.; Ignoramus justices. Part 2	Whitaker, Edward.; England and Wales. Court of Quarter Sessions of the Peace (Middlesex)	1682 (1682)	Wing W1705; ESTC R2042	37,153	39

transgresses that Law that made him so and his Ministers Judges and Justices of all sorts that either assists him in it or Act by such Commands shall account to the people by the Law of the Land and reckon one day for it to their cost for though it be a maxim in Law the King can do no wrong which is meant as to his pollitick capacity yet the Ministers and Officers that act under the pretence of his command if it be an unlawful Act they do though they are commanded by the King to do it it shall be no excuse for them for if the Kings Commands or his Patents be not according to the Law they are Null and Void and the Person that Acts by such Commands though he hath such pretended Authority shall be punished for the same with Life and Member as the crime deserves And the efore our wise Ancestors foreseeing the mischief that corrupt Ministers and Judges about the King might bring upon the Nation always took care that within some convenient time a General Councel of the whole Nation should meet for to judg of matters hear complaints redress Grievances punish Evil Councellors wicked Judges Officers and Offenders who had wronged the King and People by such their foul practices and pernitious Councels well foreseeing that in a pollitick Body as well as in a Corporal Body Deseases and Scurbitick humours will ever be growing and therefore must stand in need of good Physick and wise and honest Physitians to heal them lest the Disease grows incurable And therefore in all ages we find that our Ancestors took care that the people should meet together at certain times sometimes twice in a year and oftner if need required As in King Alfred's time and the reason by the Records is given to keep the people of God from sin and to do Holy Judgments as you may see by our Law Books Vid. Flornes Merrour of Justice Sect. 3. p. 10. Cook and Lit●leton fol. 110. See Hornes Mirrour of Justice and my Lord Cooks second part of the Institutes of the Law of England The words of the Law are these viz. That a Parliament shall be called at London twice every year or oftner if need be to keep the people of God from Sin that they might live in peace and true Religion certain Vsages and Holy Iudgments Now of later years in Edward the thirds time a Law was made that a Parliament should be holden once a year and more often if need be See the Statute of the 4 E. 3. Cap. 4. which ordains viz. Item 4 E. 3. C. 14. It is Recorded that a Parliament shall be holden every year once and more often if need be There is another Act made in the 36 E. 3. in these words viz. Item 36 E. 3. C. 10. For maintenance of the said Articles and Statutes and Redress of divers Mischiefs and Grievances which daily happen A Parliament shall be holden every year as another time was ordained by a Statute Now by these Statutes we may plainly see what is the Right of the Subject and the Law of the Land Why it is frequent Parliaments to protect and preserve the Nation without which it is impossible for either the King or People to be safe from violence oppressions and incroachment of proud and insolent men which always was and over will be designing to root up the Government and the peoples Rights and get them into their own Clutches under the disguise of their serving the King in his own way And if this be so that both these last recited Laws be yet in force which I am sure neither the wise Justice or any Judg of England that is a man of Law can say they are not And since we have been now without a Parliament above one whole year sure Sir W. in his Speech ought to have given some touch to the Jury to present as a Grievance and a Breach of the Law the want of a Parliament and it would have better befitted him to have discoursed about the Effluviums of the Mouth and Haggs And since we are governed by Laws and our Kings are sworn to maintain them as we shall show you anon and that we are sure our Kings receive the Crowns they wear from the Law of the Land And that no King of England came into the world booted and Spurred ready prepared to ride the people to death nor drop from Heaven in a Cloud nor yet riseth in a night like a Mushroom but that he is the Ordinance of man as St. Paul calls him for their good And that the Kings of England can deny then Subjects nothing in Parliament that is for the publick welfare as appears in the latter clause of the Statutes of provisoes made in the 25 year of Edward the 3 25 E. 3. C. 1. and since the Justice is pleased to say page 1. that it is high time to speak plain English methinks he could not have spoken better English then this that the want of a Parliament is the greatest mischief this Nation now groanes under especially if his own words are true that we are a miserable devided people what means can better be found out to unite and help us then the Parliament where every mans complaint may be heard and where the King is most powerful to Redress which is no where so great as in the High Court of Parliament but to justifie what I have before propounded or rather asserted that Justice cannot be stopped either by the King his Ministers or his Judges on any other pretence whatever I shall here add to what hath been said a short branch of the Statute of Provisoes and the Coronation Oath which plainly shews that our Kings are so by Law and not otherwise of Divine institution then any other man in such Station as God calls them to for every man in his several calling may be said to be by Gods permission and allowance in some way or other as much as Kings in their way of Government which appears plainly by the Text the Justice hath named to wit by me Kings Reign but with his good leave the Law choose them or else they come by force and are Tyrants and that will appear not only by our Records of our English Government both in the altering and translating of the Crown from one to another in all ages by Act of Parliament but in holy Record too though we are not under the same Dispensation the Jews were under yet the Scripture tells us they choose and made their King See the 2d of Kings Cap. 17. ver 21. The words are And they made Jeroboam Son of Nebat King and though the prophet did anoint David to be King yet all the people met together to make David King and to in divers other places but I think Jure Divino is so far out of the case that it would show in the Author as much Ignorance to spend time to make Arguments about so vain

where he sat Chairman then that the Commission of Oyer and Terminer might be read having something to move which was not proper to be moved before it was read it being for the making of a request for the Prisoners then in the Tower upon the Statute of 31 of this King And the Chairman as well as the Justices being aware of it made an excuse to put it off till the Afternoon which was only a trick or in effect a modest denial but when that time came and the same request made then another excuse was made by the Justices that though they had such a Commission yet they heard there was a new one Sealed and so they thought it not safe to execute it but that being inquired into was false so by this trick the Commission was never read and the Law was defeated and the Justices so to elude the Law used this triek so those Persons who were then prisoners in the Tower was forced to loose the benefit of the Act that Sessions which was made on purpose that Justices and Judges should not dare but to deliver upon bayl or try them as the Law directed Well but saith the Justice and his Associates that are resolved to adhere to him page 11 This is but one Instance and in that the Justices as to the law might be mistaken it being a surprize upon them for you hear the Justice himself in page 2. declares he knows not if it be against the Law or not it is a sign Justice is come to a fine pass then in England for certainly if he undertook that place of a Justice he ought neither to pretend he knows not the Law nor that he was surprized for at that rate the whole County may be ruined Well but to show Sir W's Wisdom Justice and Conscience further and his impartiality in a Sessions that was held before him and the rest of his Adherers about August last past after the Grand-Jury was sworn divers bills of Indictment were presented to the Grand-Jury for to be found against certain persons of most wicked fame for Subornation Perjury and such other Villanies as scarce ever was heard went unpunished for they were Bills against a pack of Conspirators that had a design to have murthered divers Noble and Worthy persons in this Kingdom by Perjury and Witnesses to prove those Bills was produced to the Court to be sworn in order to give their Testimony to the Grand Jury against those Villains but this just upright Sir W. and his Associates stopped it in open Court in the face of the Sun and denyed the Witnesses to be sworn till they had leave from the Attorney General which certainly was the greatest stab that ever was given to the Common Law of England and a perfect turning and altering the course of Justice making the Law subservient to protect the Guilty and condemn the Innocent This thing is of so high a Nature that no King in England ever did or dare attempt the same or like it publickly what ever secret tricks may be underhand shewed for this was not only to break the Grand Juries Oath who are sworn to present all without favour or affection And the Justices Oath who are sworn not to deny or delay Justice to any man but forcing the King if possible but at least as much as in them lies to violate and break his Coronation Oath that sacred Tye and the fundamental Laws of the Land And that I may not be said to speak without book I shall here incert a Copy of the Judges Oath and give a short touch of the fundamental Laws of the Land established in this Kingdom concerning the true Execution of Justice and which the Kings of England are bound to observe by vertue of their Oath and the trust the people repose in them and this digression I hope will not be amiss before we come further to take notice of the Speech The 27 Cap. of Magna Charta Magna Charta Anno c. H. 3. Chap. 27 which Magna Charta is no other then thē Confirmation of the ancient Rights Customs and Common Law of the Land It is ordained viz. Do Freeman shall be Taken or Imprisoned or be Diseased of his fréehold Liberties or free Customes or be out Lamed or Excited or any otherwise destroyed nor we will not pass upon him or condemn him but by Lawful Judgment of his Peers or by the Law of the Land We will sell to no man 9. H. 3. C. 29. we will not deny or defer to any man either Justice or Right Pray mark this last clause and see how it suits the Justices refusing and stopping Justice and with what impudence he dares do that which no King of England did or can do without violation of his Oath and Laws of the Land and yet now tells you of Loyalty and Justice and you will find in the Statute made in Edward the 3. time that by no Commandment whatsoever the course of Justice could be stopped The Title of the Act is this Vid. Rot. Anno. E. 3. Chap 1. No Commandment under the Kings Seal shall disturb or delay Justice Which Sattute I shall Incert Verbatim as it is upon the Roll viz. Item it is Accorded and Established that it shall not be Commanded by the Great Seal or the Little Seal to disturb or delay Common Right and though such Commandment do cōme the Iustices shall not therefore leave to do right in any point There was another Record of 14 Ed. 3. See Crook fol 417. Eliz. Chap. 14. Intitled there shall be but four writs of Search for the King nothing shall hinder the Execution of Justice In the last part of the Statute are these words viz. Nor that the Iustices of whatsoever place it be sha l let to do the Common Law by Commandment which shall come to them under the Great Seal or Privy Seal The 11 R. 2. Vid. 11. R. 2. Cap. 10. Chap. 10. The same is again Asserted that the Law shall not be stopped or Disturbed and begins thus viz. Item It is Ordained and Established that neither Letters of the Signet nor of the Kings Privy Seal shall be from hence forth sent in damage or prejudice of the Realm nor in disturbance of the Law By this it appears most plain that by no Command of the King or his Ministers the Law can be stopped It is true the King in some Cases may pardon by his Prerogative but to stop the Course of Law though you have the Command of the King or his Ministers is point blanck against the Law and tends to the overthrow of the Government and that very Law which the Kings of England by their places are the Executioners off for this land in all ages never knew any Government but by their own Laws and to which Laws the Kings who are Crowned in England doth swear and ought and must maintain otherwise let him be what he will and who he will he

really so But if by Craft or Dissimulation all this be done to colour what he did before then the very Ite maledicti he pronounces against others may chance to light upon his own Pate but far is the Author from wishing such a severe Sentence upon the Noble Justice whatever he seeks and clandestinely wishes against others And now after the Justice hath read this Lecture of Christianity he comes in pag. 9. to tell the Court and the Jury of the Rarity and Excellency of the Thing called Grand-Juries and tells them It is the Honour of the Government to have them Well then since it is so and that it cannot be denied it is a great deal of pity that the Justice and others of his Coat have not taken more care to preserve their Reputation but have suffered not only the Gazette but other scandalous Libels to walk about the Streets and defame them as late Times have most notoriously shown But this I conceive came into his Head by the by a meer Accident in the Justice's Speech for by what goes before and what follows it appears plain he did not intend them any Honour but only had some other meaning as may be easily discerned if we compare the Whole of his Discourse and what he and the rest of the Justices did sometimes since at Hicks's Hall endeavouring to curtail the Grand-Juries and to strike out and put in whom they pleased when there was a Job to do at the time when the Lord Shaftsbury Lord Howard Mr. Whitaker and others were in the Tower O then what a Speech was made to the Under-Sheriff to alter his Pannel and what Conscience and Religion was press'd to have it done by this very Justice And if the Sheriff had yielded that Point then the Subornation had taken effect and the Work done upon the innocent Prisoners in the Tower contra omnes Gentes But because Sir W. is pleased to top upon the World with his Loyalty and to shew it pretends to extol in this Page the Happiness of the Nation that the Kings of England have by their Prerogative always had the nominating of Sheriffs by which the Grand Juries are returned I shall crave leave a little to speak to that Point not that I deny it to be in the King in some measure as the Statutes have settled it but the Justice mistakes the Case as will appear if the thing be well and throughly considered and what this Justice aims at ought also to be fully searched into but that I may not seem to misconstrue the Justice I shall set down his Words in this Page viz. Grand Juries have always been esteemed the Honour of the Government and the great Security of the Lives and Liberties of the Subjects they are to be probi legales Homines and so is a Golden Chain as well for Ornament as Security if they should prove otherwise this Chain of Gold would be turned into Fetters of Iron and Brass and we should be greater Slaves here in England than they are in Algier Our Ancestors have taken great Care that Grand Juries should be such as they ought to be and as you may see the Statutes made in that Case provide but for all that it is happy for the People that the King hath the Nomination of Sheriffs by whom the Juries are to be returned it is a Prerogative of great Consequence and not to be entrusted into the hands of any Subject or Subjects whatsoever Now as to his Commendation of the Constitution of the Government relating to Juries as being a sacred thing there is no doubt of that and we hope it will never be in his Power or in the Power of any Judg Justice or Magistrate in England to alter that Fundamental Constitu ion which our wise Ancestors have laid that make us both a free and safe People for by that means to ambitious or foolish Prince tho led away by Court-Flatterers and pernicious Counsels can hurt the Subject so powerfully as otherwise they might do every Man's Life and Estate here by this means are safe and cannot be touched or taken from him but by he Approbation and Consent of his Peers and they must be of the Vicinage and probi legales Homines as the Justice observes but because the Justice is pleased to expresse himself or rather to flatter the Kings of England that by their Prerogative they have the sole right of chusing of Sheriffs And that it is the Happiness of the Nation that the Subject do it not I must crave leave to put the justice in mind of the ancient Practice in that very Case of choice of Sheriffs and also show that in all probability the whole Body of the County have been as fit to see and chuse who is fit to serve the County in the Office of Sheriffs as Kings who do but see often times with other Mens Eyes and hear with other Mens Ears and often times led by the Nose of some Persons about them as either work their own Ends or the Ends and Interest of their Friends and not the Countries Good For who knows not but that the old saying is true in Princes Courts Kissing goes by Favour But to answer the Justice I do say and aver from ancient Records the People of the several Shires in England had the sole right of chusing their Sheriffs without the King 's Appointment Consent or Nomination and that was the Law of the Land and if it be not now so yet it is but some late Statutes that have abridged the Counties of their Choice And to shew that I do not mistake the Point I have inserted a new Copy of the Record which is by me and that is a Statute made in the Confirmation of Ancient Right too in the Roll of Parliament made at Westminster in the 28 E. 1. cap. 8. The Title of the Statute is this viz. The Inhabitants of every County shall make Choice of their Sheriffs being not of Fee the words are these Rot. 2.28 E. 1. An. 1300 Cook on Lit. 2d part 559. viz. The King hath granted unto his People that they shall have the Election of their Sheriffs in every Shire where the Sheriffalty is not of Fee if they list To this Statute agree our law-Law-Books See Cook 's Institutes and this Statute in the same Roll 13th Chapter is again confirmed and explained the Statute begins thus viz. And for as much as the King hath granted the Election of Sheriffs to the Commons of the Shire the King will that they shall chuse such Sheriffs that shall not charge them and that they shall not put any Officers in Authority for Rewards or Bribes and such as shall not lodg so oft in one place nor with poor Persons or Men of Religi n. Indeed after this in Edward the second 's time Power was given at the Complaint of the Commons in Parliament That the Chancellor Treasurer Barons of the Ex hequer should appoint the