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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A50300 Antiprobal-e, or A defence of the minister of Pensherst in a case between him and the Earl of Leycester in Michaelmas term, 1657. Maudit, John. 1660 (1660) Wing M1327; ESTC R217676 9,976 57

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Law why what did the words deserve that a Jury of men should give such damages upon them The Lord chief Justice Glin professed upon the Bench they were not so much as actionable at Common Law and so not worth two pence and must they be judged at 500 l. that were not worth two pence In Queen Maries days the Statute allowed but 100 li. upon those that had spoken horrid forgeries and scandals against the King or Queen and is 500 li. given for words against the Earl of Leyecster shall I say not scandalous to the quick subversion of an innocent Minister and family indeed but who would judge those words of no publick concernment to amount to the quick subversion of the Realm as the Earl prerends in his declaration see how sin grows till it be fully ripe from Enmity to open contests from open contests to open blood-shed and devouring of Gods innocent people as the Prophet Micah observes Ye heads of Jacob and Peers of the house of Israel Mic. 3.1 2 3 is it not for you to know judgement who hate the good and love the evil who pluck off their skin from off them and their flesh from off their bones who so eat the flesh of my people and flay the skin from off them and they break their bones and chop them in pieces as for the pot and as flesh within the Caldron as if rage could never be satisfied 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The just God saw all this and records it against a day of vengeance and says v. 4. Then shall they cry unto the Lord but he will not hear them he will even bide his face from them at that time as they have behaved themselves ill in their doings When the case was pondered before the Judges of the Upper Bench for an Arrest of Judgement the two Judges were divided upon the case one for the Plantiffe the others for the Defendant so that there was an Arrest for two terms then at length is Justice Newdigate put upon the bench and the scales were turned but the Judges having perused the cause and seeing in their consciences the grievousness of it sent three messages to the Earl to stop him from taking out Execution or molesting the Minister upon the case nevertheless the Earl that drove on so furiously hitherto could not be perswaded by the Judges to stop his course but took out execution upon Execution three Writs of Fieri facias within the space of one year and another Writ in the year following sezing at several times the Ministers Corn and Kine and Horses Wood Hay Waggons Bed and Bedding from under him and his Children and servants and all the houshold furniture he could light on even to the poultry about the house and things of the smallest consequence that could adde a groat to the Inventory and that in the bitterest time of Winter and yet all this is done by the Earl who would not be accounted cruel This was an hour of darkness but yet the Lord ordered it with such unexpected unseen and admirable recompence of his love as that though we walked in darkness and saw no light of relief yet we could trust in the name of the Lord and stay upon our God We are troubled on every side yet not distressed we are perplexed but not in despair persecuted but not forsaken cast down but not destroyed alwayes bearing about in the body the dying of the Lord Jesus that the Life also of Jesus might be made manifest in our body for we which live are alwayes delivered unto death for Jesus sake that the life also of Jesus might be made manifest in our mortal flesh This was the first case wherein the Peerage enjoyed their priviledges after the act of the Common-wealth which took away the house of Peers and must this be the first case whereupon those priviledges are built again that were in so many Presidents laid aside Must a Minister for reproveing of sin and his whole family also be plundred and destroyed to bear up the unsupportable burthen of this unprofitable greatness there was cruelty enough before without Law and must there be much more mischief framed by a Law For ever let the Plantiffe be acquitted and his cruelty not made mention of in regard of the transcendent cruelty of such Law O ye Courts of Justice ye Thrones of them that are called Gods is this to do like God God saith Relieve the oppressed judge the Fatherless plead for the widdow and do you crush the oppressed condemn and destroy the innocent out-vie in cruelty the man that is blemished before you for cruelty Ye Jurats upon whose account God will set these damages how could you think in your consciences 500 li. a just proportion for words for words not so much as actionable in the opinion of the Judges would you think it just that others should mere the the measure to you again can you look upon your Verdict and hear what hath been done upon a spoiled Family and not say we are verily more guilty then the cruel Oppressor Ye Honourable Judges professed Patrons of the afflicted who should have been afflicted in the afflictions of Joseph and as Judah have rescued him you that could not imagine any cruelty under a title of honor or think that your messages would be of less acceptance and power with the Plantiffe then your sentence have not you cause also to say as Josephs brethren Verily we are guilty concerning our brother in that we saw the Anguish of his soul when he besought us and we would not hear The Lord give you to know and to have true remorse for what you have done that it may not be laid to your charge in the great day of the Lord. You had little reason for what you have done let us come closer to the matter and prove it that you had no Law neither I shall reason it logically and plainly thus That Judgement is unjust where there is no Law to warrant it But this Judgement hath no Law to warrant it Ergo This Judgement is unjust If there were any Law transgressed that could give occasion for such a Judgement then it must be either the Common Law or Statute Law for no other Law is pretended to by the Plantiffe but neither of these is transgressed therefore there is no Law transgressed to ground the judgement upon and so it must be confessed to be unjust The Common Law can be no ground for this judgement for it was yielded by the Judges the Lord Chief Justice Glin acknowledging it in open Court that the words alledged would not bear action at Common Law If the Statute Law be transgressed which were most absurd to say that words which by the Common Law are not actionable should be counted by the Statute Law to be horrible forgeries subverting the Common-wealth by common Law not worth a farthing and by Statute Law set up to 500 li. but I say if any Statute of