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A63255 The triumphs of justice over unjust judges exhibiting, I. the names and crimes of four and forty judges hang'd in one year in England, as murderers for their corrupt judgments, II. the case of the Lord Chief Justice Trefilian, hang'd at Tyburn, and all the rest of the judges of England (save one) banisht in K. Rich. the 2ds time, III. the crimes of Empson and Dudley, executed in K. Henry the 8th's days, IV. the proceedings of the ship-money-judges in the reign of K. Charles the first, V. diverse other presidents both antient and modern : to which is added VI. the judges oath, and some observations thereupon, humbly dedicated to the Lord Chief Justice Scroggs. Philo-Dicaios. 1681 (1681) Wing T2297; ESTC R3571 28,282 42

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Barons of our Court of Exchequer Charles Rex TRusty and Well-beloved We greet you well Taking into our Princely Consideration that the Honour and Safety of this our Realm of England the Preservation whereof is Only Entrusted to our Care was and is more nearly concern'd than in late or former times as well by divers Counsels and Attempts to take from us the Dominion of the Seas of which we are sole Lord and Right Owner and Proprietor and the Loss whereof would be of greatest Danger and Peril to this Kingdom and other our Dominions and many other ways We for the avoiding of these and the like Dangers well Weighing with our self that where the Good and Safety of the Kingdom in general is concern'd and the whole Kingdom in Danger there the Charge and Defence ought to be Borne by all the Realm in general did for the preventing so publick a Mischief resolve with our self to have a Royal Navy prepared that might be of Force and Power with Almighty God's Blessing and Assistance to Protect and Defend this our Realm and our Subjects therein from all such Perils and Dangers And for that purpose we Issued forth Writs under our great Seal of England Directed to all our Sheriffs of our several Counties of England and Wales Commanding thereby all our said Subjects in every City Town and Village to provide such a Number of Ships well-furnish't as might serve for this Royal Purpose and which might be done with the greatest Equality that could be In performance whereof though generally throughout all the Counties of this our Realm we have found in our Subjects great Chearfulness and Alacrity which we Graciously Interpret as a Testimony as well of their Dutiful Affection to us and our Service as of the Respect they have to the Publick which well becometh every good Subject Nevertheless finding that some few happily out of Ignorance what the Laws and Customs of this Realm are or out of a desire to be eased in their Particulars how General soever their Charge be or ought to be have not yet Paid and Contributed to their several Rates and Sessments that were set upon them And foreseeing in our Princely Wisdom divers Suits and Actions are not unlike to be Commenced and Prosecuted in our several Courts at Westminster We desirous to avoid such Inconveniencies and out of our Princely Love and Affection to all our People being willing to prevent such Errors as any of our Loving Subjects may happen to run into have thought fit in a Case of this Nature to Advise with you our Judges who we doubt not are well Studied and Informed in the Rights of our Sovereignty and because the Tryals of our several Courts by the Formalities in Pleading will require a long Protraction We have thought fit by this Letter directed to you All to require your Judgments in the Case as it is set down in the Inclosed Paper which will not only gain Time but also be of more Authority to over-rule any Prejudicate Opinions of others in the Point Given under Our Signet at Our Court of White-Hall the Second of February in the Twelfth Year of Our Reign 1636. The CASE propounded in the Paper inclosed was thus worded Charles Rex WHen the Good and Safety of the Kingdom in General is concern'd and the whole Kingdom in Danger Whether may not the KING by Writ under the Great Seal of England Command all the Subjects in His Kingdom at their Charge to Provide and Furnish such Number of Ships with Men Victuals and Munition and for such Time as He shall think fit for the Defence and Safe-guard of the Kingdom from such Danger and Peril And by Law compel the Doing thereof in case of Refusal or Refractoriness And Whether in such Case is not the KING the sole Judge both of the Danger and when and how the same is to be prevented and avoided To which the JVDGES delivered their Opinions as followeth May it please Your most Excellent Majesty WE have according to Your Majestie 's Command severally and every Man by himself and All of us together taken into Serious Consideration the Case and Questions Signed by Your Majesty and inclosed in Your Letter And We are of Opinion That when the Good and Safety of the Kingdom in General is Concern'd and the whole Kingdom in Danger Your Majesty may by Writ under the Great Seal of England Command all the Subjects of This Your Kingdom at their Charge to Provide and Furnish such Number of Ships with Men Victuals and Ammunition and for such Time as Your Majesty shall think fit for the Defence and Safe-guard of the Kingdom from such Peril and Danger And that by Law Your Majesty may Compel the Doing thereof in case of Refusal or Refractoriness And we are also of Opinion That in such Case Your Majesty is the sole Judge both of the Danger and when and how the same is to be prevented and avoided John Bramston John Finch Hum. Davenport John Denham Richard Hutton William Jones George Crook Thomas Trevor George Vernon Robert Barclay Francis Crawley Richard Weston But it is to be noted That though all the Judges did thus Sign this Answer yet it was not according to all their Opinions for Crook and Hutton dis-assented and declared That such a Charge could not be laid by any such Writ but by Parliament But the Major-Part of the Judges being absolutely Resolved upon that Opinion pressed them to Subscribe likewise with the rest for that the Greater Number must involve and conclude the Less which they said was usual in all Cases of Reference And that the Lesser Number must submit to the Opinion of the More although they varied in Opinion As in the Courts of Law If Three Judges agree in Opinion against One or Two where there is Five Judges Judgment is to be Entred per Curiam if the Major Part agree and the Others are to submit unto it c. These are the very Words of Judge Crook excusing himself for having thus Subscribed See the Arguments on Hampden's Case p. 12. Having thus got the Business back't with the Subscriptions of all the Judges of England the same were Enrolled in all the Courts of Westminster-Hall And now they began to Prosecute briskly all the Defaulters amongst whom the Chiefest was John Hampden of Buckingham-shire Esquire who had upon one of these Ship Writs directed to the Sheriff of that County been Assessed Twenty Shillings for his Lands in Stoke-Mandevil in that County which not being paid was Certified amongst others into the Chancery upon a Writ of Certiorari Dated 9 Martii Anno 12. Car. by a Schedule thereunto annexed and by a Writ of Mittimus Teste 5 Maii 13 Car. transmitted into the Exchequer with a Command there to do for the Leavying of the Sums so Assessed and Unpaid Prout de Jure secundum Legem Regni nostri Angliae suerit faciendum So as of Right and according to the Law of our Kingdom of