Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	according_a	good_a	law_n	1,772	5	4.6269	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A38520	Epistola Medio-Saxonica, or, Middlesex first letter to His Excellency, the Lord General Cromwell together with their petition concerning tithes and copy-holds of inheritance, presented to the supreme authority, the Parliament of England : wherein the tortious and illegal usurpation of tithes, contrary to Magna Charta, is discovered, the blemished dignity of copy-holders revived, and how lords of manors have formerly incroached upon their liberties, by imposing arbitrary fines, and multiplying of heriots : whereunto is annexed two additional cases concerning the unreasonable exactions of fines and heriots, contrary to law, in these latter times ...	Cromwell, Oliver, 1599-1658.; Wingfield, Augustus. Vindiciae Medico-Saxonicae.	1653 (1653)	Wing E3170; ESTC R5296	18,776	30

the confirmation of Magna Charta Tithes were not at all comprehended in the Rights of the Church Which will yet more fully appear if we consult Mr. Seldens book of Tithes and the Roll of Winten In the first whereof pag. 137. It is delivered for a clear truth that there never was any Canon of any General Council as yet found that purposely commanded payment of Tithes nor any that expresly supposed them a duty of Common right before the Council of Lateran under Pope Innocent the 3d. 1615 So that at the Council of Lateran which was in the latter end of K. John and but 12 years or thereabouts before the confirmation of Magna Charta by H. the 3d. Tithes were not due by common right that is by Common Law and so consequently no rights of the Church And if not then due by Common Law then certainly not at the confirming of Magna Charta since in the judgment of all both Canonists and Common Lawyers 12 years is not a competency of time either for custom or prescription the one allowing 40 years at least the other time out of mind And yet to proceed this Respondent doth further acknowledge p. 14. that there was no Parochial Right of Tithes till after the Council of Lateran aforesaid 1615. and that after the Decretal Epistle of Innocent the 3d sent to the Arch-Bishop of Canterbury in the year aforesaid the right of Tithes was allowed but you must know by whom viz. the Pope and his Clergy not the People and so became Lex Terrae a Law of the Land which are likewise the words and judgement of Cook Now of what force and validity a Right of Tithes grounded upon a Canon of the Pope and diametrically repugnant to Magna Charta can be let all men judge since Cook their Oracle hath declared in his Chapter of Tithes that all Canons which are against the Common Law or Custom of the Land are of no force Now as to the Roll of Winton called by some Doomsday Book which was a survey of all the Lands Revenues both of Clergy Laity exactly taken by Commiss in every County throughout the Nation and returned into the Exchequer about the latter end of the Conquerours Reign It is there Recorded in particular what the Revenues and dues of every Presbyter and Church were but yet notwithstanding very rarely if at all are any Tithes found among the Church Revenues So that bence it is most cleer First that in William the Conquerrors time Tiths were no Revenue nor rights of the Church nor yet Secondly in H. 2. his time see the Letter and Petition p. 5. And lastly by the Authors own confession they became due onely but from the latter end of K. Johns Reign and that grounded meerly upon a Popish Canon contrary to Magna Charta which is acknowledged by the Learned to be the Common Law of England both before and after the Conquest The second and last objection which the Author of the said Treatise maketh is upon our exposition of the Statute of 1 R. 2. cap. 14. which wee shall here make good to be most genuine and true notwithstanding his false calumniation and that his Anti exposition is most absurd and false and such as had not Custom wrought another Nature in him to speak and write untruly could never have fell from him Now the question between us is whether the Averment there spoken of be Lay Averment and so to be made by the Plaintiff according to his exposition or Church Averment and so to be made by the Defendant according to our exposition whether of which is most true we shall leave to every one to judge by opening unto you the Nature of Averment out of the judgment of the Learned and by holding forth such reasons as shall in brief be produced And first Cowells Interpreter saith That Averment signifieth according to the Author of Terms of the Law an offer of the Defendant to make good or to unstifie in exteption pleaded in abatement or bar of the Plaintiffs Act. And Sir Hen. Smith in his book of Law fo 359 also saith That Averments must be offered to be proved true in Barrs 1. Answers Replications Rejoinders c. but not in Counts andDeclarations And of the same judgment is Sir Edw. Cook in his first part of Institutes fo 362. So that it is evident Averments are properly to be made by Defendants in their answears or in after pleadings and not by Plaintiffs in their Declaration unlesse in some few particular cases of which this is none as is evident not only by the Grammatical and Logical Construction of the said Statute but even in the judgement of Learned Rastal a Iustice of the Common-pleas in Q. Maries days who to put the question out of doubt hath set it down in the margent of his Abridgement of the Statutes to be Church Averment which we conceive to be a final determination of the question And as to your Ordinance of Nov. 1644. for the payment of Tithes we clearly conceive it to be the judgement of all the learned that it is of no longer validity than during Parliamentary Session which is now dissolv'd upon sure grounds of Piety Publique freedome right reason and honestie and that notwithout the Generall consent of the major part either precedent or subsequent of the Supreme Authority the People Now by what hath been said it will easily appear who doth most abuse and mislead the People and whether exposition of Magna Charta and the other Statute of R. 2. is most true That of the Letter and Petition back'd with right reason and the Authorities of great Lawyers and learned Iudges or that of the Author of the Treatise being a fancy of his own brain and raised out of implicite Terms which he that believs had need of of a Popish and implicite faith FINIS

Epistola Medio-Saxonica OR Middlesex first Letter to his Excellency The Lord General Cromwell Together with their Petition concerning Tithes and Copy-holds of Inheritance presented to the Supreme Authority The Parliament of ENGLAND Wherein the tortious and illegal Usurpation of Tithes contrary to Magna Charta is discovered the blemished dignity of Copy-holders revived and how Lords of Manors have formerly incroached upon their liberties by imposing Arbitrary Fines and multiplying of Heriots Whereunto is annexed two Additional Cases concerning the unreasonable exactions of Fines and Heriots contrary to Law in these latter times Published for the satisfaction and vindication of the people of England from all Decimal Oppression and Lordly Tyranny The Second Edition To which is added a Reply Styl'd Tithes totally routed by Magna Charta LONDON Printed by F. L. for William Larnar at the Blackmore near Fleet-Bridge 1653. In Decimas serva Praedia Carmen Hexastichon SI mos Angliacus nec sacra oracula suadent Cur solvis Decimas Anglia lusa tuas Si felix rediit seclum victique Tyranni Cur servile feres Anglia maesta jugum Sic pia vota tulit Miles totusque Senatus Reddere cur differs Anglia vota Deo Vpon Tithes and Copy-holds an Hexastick Verse IF English Custome nor Gods Words perswade Why yet are Tithes deceived England paid If th'age of Gold be come and Tyrants broke Why dost thou England bear the servile Yoke If th' Army and the Senate Vows have made Why are they by them England thus delay'd Middlesex first Letter to his Excellency May it please your Excellency THe sweet odour of your name and unparallel'd affection towards goodnesse and good people hath imboldned us in the behalf and at the intreaty of the wel-affected of this County to communicate to your Excellency our intended Addresses by way of Petition to the Supreme Authority for the removal of some grievances which have layen long and heavy upon the free-born people of this Nation that so receiving your judicious approbation and assistance we might with the greater alacrity make our procedure Now Sir the Heads of our Petition are onely two namely the removal of that usurped Popish relique Tithes and the abolishing of that Tyrannical Oppression and slavish tenure of Copy-holds of inheritance finably at the Lords will as things Diametrically repugnant to divine and humane Laws Lev. 25.14 Ye shall not oppress one another and Ier. 30.20 I will punish all that oppress thē where your Excellency may be pleased to take notice of a prohibition not to oppress the people of God and of a punishment threatned to those that do it And in Exo. 23.5 There is a command that if we see the Ass of our enemy lying under a burthen that we shall not passe by but help him If therefore an oppressed brute Creature ought to be relieved by us how much more a rational how much more a Christian and wel-affected people who in the blackest times of danger and peril have adhered to the State with undanted resolutions adventuring lives goods and all for the glory of God and the preservation of this Common-wealth wherefore let not O let not our State bury in silence the day of this peoples love who next to your Excellency and renowned Army under God have been a principal means of the glorious freedom our State now enjoyes But because most men look more upon humane than divine Authority especially where their own private interest falls in and as it is in the 5th Book of Aristotles Ethicks Can be vertuous and just in matters of their own concernment but not so in what concerns the publique which occasioned Nobile illud dictum Biantis that noble saying of that Grecian Sage 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Power will discover the nature and disposition of every man Therefore for the satisfaction of those whose judgements are over-ballanced in the scale of earthly interest not in the least reflecting on your Excellency whom we experimentally know to be of a more divine temper we shall in brief produce some humane authorities as motives to the removall of the aforesaid grievances First by the 29th Chapter of Magna Charta It is enacted That no man shall be disseissed or put out of his free Tenement Liberties or Customes but by the lawfull judgements of his Peers or Law of the Land which Charter is of so great authority that it hath been confirmed above thirty times Now Tithes being a part of every mans free-Tenement or free-hold and birth right ought not to be taken away from him either by the Impropriate Person or Appropriate Parson for these reasons First Because by the Stat. of 25. E. 1. ch 2. All judgements given against any points of the Charters of Magna Charta or Chartade Foresta are adjudged void Secondly by the Stat. of 42 Edw. 3. ch 1. If any Statute be hereafter made against either of these Statutes it shall be void Cookes 1. ● Just fo 81. Thirdly in Bonhams Case in the 8th Book of Cooks Reports and in Dr. and Student it is laid down for Law that Acts of Parliament against common Right or Reason are ipso facto void And lastly it is proved by Jenkins fol. 139. That the Common Law shall controle Acts of Parliament made against Right or Reason such as all Statutes for Tithes are and adjudge them to be void because they deprive men of a part of their right contrary to Magna Charta and against the will of the Proprietor or owner so that hence it will plainly appear that those Statutes which have been made by former Parliaments concerning Tithes in times of Popery and ignorance and upon false grounds of their Divine Right being Diametrically repugnant to Magna Charta and destructive of common right then were and now are totally void null and of no force and that all Tithes taken by virtue of them have been usurped illegal and unwarrantable And because some seeing the weaknesse of their Statute-Law foundation may fly from thence to the Umbrage and shelter of custome we answer It is a Maxim in Law that a man cannot claim any thing by Custome or Prescription against a Statute unlesse the Custome or Prescription be saved by another Statute Cooks 2. p. Just fo 21. Now by the aforesaid Charter of Magna Charta which was confirmed by H. 3. about the year 1218. Tithes as well as the rest did belong to every mans Tenement and Free-hold and so far were the Clergy at that time from claiming any Tithes to be due unto them by any Custome as that on the contrary it is acknowledged at the Councill of Lateran under Gregory the 10th Anno 1274. and in the Decretal Epistle sent from Pope Innocent the 3d. to the Arch-Bishop of Canterbury about the year 1215. that the people of this Nation did by a general Custome till then observed dispose of their Tithes according to their own free will and pleasure So that it is very clear at the confirmation of