Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	call_v	henry_n	king_n	8,876	5	4.0328	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

Ethelreds Laws In singulis Centuriis c. In every Hundred let there be a Court and let Twelve ancient Free-men together with the Lord or rather according to the Saxon the Greve i. e. the chief Officer amongst them be sworn That they will not condemn any person that is Innocent nor acquit any one that is guilty 3. When the Normans came in William though commonly called the Conquerour Continued by the Normans See Spelmans Glossar in the word Jurata was so far from abrogating this Priviledg of Juries That in the 4th year of his Reign he confirmed all King Edward the Confessors Laws and the ancient Customs of the Kingdom whereof this was an essential and most material part Nay he made use of a Jury chosen in every County to report and certifie on their Oaths what those Laws and Customs were as appears in the Proem of such his Confirmation 4. Confirmed by Magna Charta Afterwards when the Great Charter commonly called Magna Charta which is nothing else than a recital confirmation and corroboration of our Ancient English Liberties was made and put under the Great Seal of England in the 9th year of King Henry the 3d which was Anno Domini 1225. Then was this Priviledg of Tryals by Juries in an especial manner confirmed and establisht as in the 14th Chapter That no Amercements shall be assessed but by the Oath of good and honest men of the Vicinage And more fully in that Gold on Nine and twentieth Chapter No Freeman shall be taken or imprisoned nor be disseized of his Freehold or Liberties or free customs or be out-law'd or exil'd or any other way destroyed nor shall we pass upon him or condemn him but by the lawful judgment of his Peers c. Which Grand Charter having been confirmed by above thirty Acts of Parliament the said right of Juties thereby and by constant usage and common custom of England which is the common Law is brought down to us as our-undoubted Birth-right and the best inheritance of every English man For as that famous Lawyer Chief Justice Cook in the words of Cicero excellently avers 2. Institutes fol. 56. Major Hereditas venit unicuique nostrum a jure legibus quam a parentibus 'T is a greater inheritance and more to be valued which we derive from the fundamental constitution and Laws of our Country than that which comes to us from our respective Parents For without the former we have no claim to the latter J. But has this method of Trial never been attempted to be invaded or justled out of practice B. 'T is but rarely that any have arrived to so great a confidence Essays made to overthrow Trials by Juries always unsuccessful and severely punisht For 't is a most dangerous thing to shake or alter any of the rules or fundamental points of the common Law which in truth are the main pillars and supporters of the fabrick of the Commonwealth These are Judg Cooks words ⋆ 2. Institutes pag. 74. Yet sometimes it has been endeavoured But so sacred and valuable was the Institution in the eyes of our Ancestors and so tenacious were they of their Priviledges and zealous to maintain and preserve such a vital part of their Birth-right and Freedom that no such attempts could ever prove effectual but always ended with the shame and severe punishment of the rash undertakers For example 1. Andrew Horn an eminent Lawyer in his Book Entituled The Mirrour of Justices written in the Reign of K. Edw. 1. now near 400 years ago in the fifth Chapter and first Section records That the renowned Saxon King Alfred caused four and forty Justices to be hang'd in one year as murtherers for their false Judgments And there recites their particular Crimes most of them being in one kind or other Infringements Violations and Encroachments of and upon the Rights and Priviledges of Juries amongst the rest that worthy Author tells us he hanged one Justice Cadwine because he judged one Hackwy to death without the consent of all the Jurors for whereas he stood upon his Jury of twelve men because three of them would have saved him this Cadwine removed those three and put others in their room on the Jury against the said Hackwy 's consent Where we may observe that though at last twelve men did give a Verdict against him yet those so put upon him were not accounted his Jurors by reason all or any of them who were first sworn to try him could not by Law be removed and others put in their stead And that such illegal alteration was then adjudged a Capital Crime and forthwith the said Cadwine was Hang'd 2. A second instance I shall give you in the words of the Lord Chief Justice Cook Against this ancient and fundamental Law and in the face thereof there was in the 11. year of King Henry 7. Cook 2. part of Institutes fol. 51. cap. 3. an Act of Parliament obtained on fair pretences and a specious preamble as to avoid divers-mischiefs c whereby it was Ordain'd That from thenceforth as well Justices Assize as Justices of the Peace upon a bare Information for the King before them made without any finding or presentment by the Verdict of Twelve men should have full power and authority by their discretions to hear and determine all offences and contemts committed or done by any person or persons against the Form Ordinance or effect of any statute made and not repealed c. By colour of which Act saith Cook shaking this Fundamental Law he means touching all Trials to be by Juries it is not credible what HORRIBLE OPPRESSIONS and EXACTIONS to the undoing of MULTITUDES of people were committed by Sir Richard Enipson Knight and Edmund Dudley Esq being Justices of the Peace throughout England and upon this unjust and injurious Act as commonly in like cases it falleth out a new Office was erected and they made Masters of the Kings Forfeitures But not only this Statute was justly soon after the decease of Hen. 7. repealed by the Statute of the 1 Hen. 8. cap. 6. but also the said Empson and Dudley notwithstanding they had such an Act to back them yet it being against Magna Charta and consequently void were fairly executed for their pains and several of their under agents See Sir Rich. Bakers Chron. p. 273. as Promoters Informers and the like severely punisht for a warning to all others that shall dare on any pretence whatsoever infringe our English Liberties For so the Lord ⋆ 4 part Instit fol. 41. Cook having elsewhere with detestation mentioned their story pathetically concludes Qui eorum vestigiis insistant exitus perhorrescant Let all those who shall presume to tread their steps tremble at their dreadful end Other Instances of a latter date might be given but I suppose these may suffice J. Yes surely The benefits of being tried by Juries and by what you have discoursed of the