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	great_a	law_n	1,713	5	4.4951	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88236	A plea, or protest, made by VVilliam Prynne, Esquire, and by him sent unto J.M. Knight, one of the eleven impeached Members. Wherein he declares the injustice and illegality of the Lords, Commons, and grandees of the Armies proceedings against him. Whereunto is annexed the case of A.B. (a citizen of London, and a free commoner of England) truly stated, in reference to a pretended impeachment of treason depending in the House of Peers against him : with an answer to certain queres framed thereupon : unto which is annexed the answer of the said A.B. unto the Lords assembled in Parliament in point of law, ... in which it is fully proved, that the House of Lords ... hath not the least jurisdiction in the world over any commoner ... with a full answer to all their presidents in such cases; and that it is not safe for the said A.B. to kneel at the Lords barre, because it is stooping and submitting to their jurisdiction. / Published for the common good of all honest Englishmen, by Lionel Hurbin Gentleman, March 17. 1647.	Lilburne, John, 1614?-1657.; J. M.; Prynne, William, 1600-1669.	1648 (1648)	Wing L2161; Thomason E432_18; ESTC R202738	18,211	22

the informer or accuser shall not only be known but also bound by the justices to prosecute his suggestion that thereby the party accused may have due reparations in case of scandall and to that intent was it inacted by the statutes of the 37 Ed. 3 18. and 38. Ed. 3. 9. That ●f any shall make suggestion to the King of any crime committed by any other the same person shall be sent with the suggestion to the Chanceller c. and there to finde surety to persue his suggestion which if he cannot prove he shall be imprisoned and there remaine untill he hath satisfied the party accused of his damages and slander And the statutes of the 1. Ed. 6. 12 and 5 and 6. Ed. 6. 11. hath provided that no man shall be indicted of treason unlesse he be accused by two lawfull and sufficient witnesses or shall without violence confesse the same And the statute of the 1. 2. of Phillip and Mary chap. 10. enacts that no man for any crime that is called Treason should be tried but at the Common Law And he the said A. B. further saith that both your Lordships and the House of Commons in the whole stream of all your Declarations declare unto the whole Kingdome that you will preserve the subjects Liberties and freedomes and the just and fundamentall Lawes of the Land and in particular in your late printed Votes of 27. Jan. last although you declare to lay the King aside and make no more addresses to him yet you there declare to maintaine and preserve the Lawes of the Land and to Governe the people thereby And he the said A. B. further saith that the not finding any indictment or presentment of him for any reall or supposed crime by good and lawfull men of any neighbourhood where such supposed crime was commited he ought not to be put to answer at all neither can he with safety to himselfe or to the Commons of England or to the Lawes and Liberties thereof answer your Lordships any further then meerly to point of jurisdiction viz. That your Lordships by the knowue and declared Law of this Land hath not the least jurisdiction in the world over him or any Commoner of England whatsoever in any case whatsoever And therefore he the said A. B. positively sai●h that in case he were legally indicted for Treason or any other crime whatsoever the case comes not under the cognizance of this honourable House for the said A. B. being a Commoner of England ought expressely by the established Lawes of the Land to be tryed in some ordinary Court of Iustice before a Iudge or Iudges sworne impartially to execute the Law notwithstanding the commands of any power in England to the contrary and the sworne jury of Commoners his Peers or equalls viz. a Grand jury and petty jury * As appreares by the 22 Ed. 3. fol. 20 32 H. 6. fol. 26. 14 H. 7. fol. 19. and no otherwise These are the expresse words of the 29 chap. of Magna Charta Nec super eum ibimus nec super eum mittemus nisi per legale judicium parium suorum c. That is neither the King in his own person nor any of his Justices Iudges or Courts shall try or condemne any man but by due course and processe of Law by the * See Sir Edward Cookes exposition of the words prepares in his exposition of the 14 29. chap. of Magna Charta 2 part insti fol. 28 29 46. 48. 50. where he positively saith that Peers signifie equals or men of his own condition and not freemen in opposition to Villaines as Mr. Will. Prin would simply and ignorantly expound it in the 62 pag of his late Erronious and illegall plea for the Lords jurisdiction over Commoners and so make the Lords by Magna Charta Peers to Commoners because they are both free-men and not Villaines although that learned Lawyer Sir Ed. Cooke in the first part insti fo 156. ecxpresly saith a Peere of the Realme shall not be impanelled in any case upon the jury of a Commoner because he is not his equall lawfull judgement of a jury of twelve men of his Peers or equalls viz men of his owne condition according to the Law of the Land and the same is further inacted and co●firmed by the 24 Ed. 3. 1 2 chap. where it is expressely inacted That if any statute judgement or decree be made or given contrary to this good law of Magna Charta it shall ipso facto be holden for none and so not in the least valid or binding but meerly void and null in Law which just and good law of the Great Charter hath been at least forty times confirmed in full and free Parliament And the said 29 chap. of Magna Charta and the other statutes made in exposition of it before recited were and now stand strongly confirmed by this present Parliament in the two fore-mentioned Acts for abolishing Ship-money and the Court of Starre chamber And the said A. B. further saith that as the intent of the Law was that all tryals might be equall and impartiall and as free from will pleasure and arbitrarinesse as possible could be so it is founded upon these impregnable grounds of reason justice and equity First the Iury are to be of the neighbourhood where any such crime is committed and some ought to be of the same Hundred a See 1 part insti lib. 2. chap. 11. Sect. 193. fol. 125. and chap. 12. Sect. 234 fo 155. 157. the 13 Ed. 138. 28. E. 1 cha 9. for the Law presumes that such may have some cognizance of the fact or of some circumstances thereof or of the party accused whose condition and manner of conversation is much to be regarded for the discovering his intention in any fact supposed to be Treason or Fellony c. and the rule of the law is Actus non facit reum nisi mens fit rea Secondly The Iury that passes upon any Commoner one day may themselves be in a condition to be tryed by him another day as one of their jury and hereby they are bound to indifferencie and impartiality considering it may be their own case Thirdly The party accused may challenge of except against the Iurers either against the Array if the Sheriffe or Bailiffe impannelling the jury be wholy disingaged and indifferent as to the cause and the parties prosecuring b See ut surpra fol. 156. 158. or against the Polls And in case of Treason he may challenge 35. peremptorily upon his dislike without rendring the least cause c See 1 part insti lib. 2 chap 12. Sect. 234. fo 156. 3 part fo 27. 32. 33. 227. and as many more as he can render any reason for his iust challenge As in case he can challenge any for a Baron or Lord of Parliament who as Sir Ed. Cooke saith shall not be impannelled in any case 1 part inst to

an argument it is both in Law and reason for the present Judges in Westminster Hal to say that it is legall and just for them to adjudge that the King hath a true and legall all right in all the peoples proprieties because there predecessors adjudged it so in the late Case of Ship-money or that the present King may at his will and pleasure chop off all your Lordships heads because his predecessor Richard the third did serve some of your Lordships predecessors so in the Tower of London And therefore the said A. B. conclusively saith that the ignorance feare or neglect of some Commoners to challenge at your Lordships hands their fundamentall and native rights and freedomes to be tried only by their Peers or equalls according to the forementioned Lawes doth not nor cannot prejudice any other Commoner whatsoever which shall challenge as I now doe his right and freedome according to the expresse and declared Law of the Land and whatsoever presidents Judgements or Dcrees have been wherein this honourable House have exercised a Judgement or jurisdiction over Commoners they are all expresly declared errors and to be holden for nought by this present Parliament in its purity virginity and freedome in that forementioned Act for abolishing the Starchamber Court wherein the forementioned 29. chap. of Magna Charta and 28. Ed. 3. 3. and 42. Ed. 3. 3. c. confirmed which Statutes enact that all free men shall have triall for their lives liberties and estates by their Peers equalls according to the common or old Law of the Land and have also these words That whatsoever shall be done contrary shall be void in Law and holden for error And the same doth the Petition of Right made in the 3. of the King which is every branch article and Prayer of it confirmed this present Parliament the 17 of the King in that excellent forementioned Act for the abolishing of Ship-money And the said A. B. saith inasmuch as the Statutes above recited have reference to the punishment of offenders they are not to be taken by construction but onely in and according to the letter thereof and therefore are as binding to your Lordships House and the House of Commons both till they be legally abrogated as they are to the meanest man in England And forasmuch as it is plaine and without scruple that the Lawes and Statutes before recited do absolntely restraine this honourable House from exercising over him the said A. B. or any other Commoner of England any the least jurisdiction in any case whatsoever * Which is unanswerably proved as well by reason and argument as positive Law in that strong and singular Discourse called the Lawes Subversion or Sir Iohn Maynard Case truly stated pag. 23 24 25 26 27 28. for the fore-recited Lawes expresly againe and againe say that no Commoner shall be passed upon adjudged or condemned but by the lawfull judgement of his Peers or equals according to the due course of the Law of the Land and the said A. B. is very confident that there is not nor never was since the the great Charter was made one established Law or Act of Parliament ever made in England that ever gave the House of Peers in Writs of Errour or any other case whatsoever any Jurisdiction or power of passing Judgement upon Commoners and therefore all and every the Judgements and Decrees that your Lordships have made and given especially since the late Act for abolishing of the Starre-Chamber are thereby declared to be ipso facto erroneous and null and void in Law and your Lordships liable if not at the Common-Law yet undoubtedly in the next free Parliament to make legall satisfaction to all those persons that by any of your Judgements Decrees Sentences or Orders of Imprisonments you have most illegally and without the least shadow or colour of Law wronged And therefore he the said A. B. being a Commoner doth hereby protest against submission to any triall before your Lordships as not being his legall Judges And he the said A. B. doth also claime the benefit of all the knowne and declared Lawes of the Land which is his undoubted Birth-right and appeale to his proper Judges according to the said Lawes viz. two Juries of 24. legall men * The reason wherefore the Iury is put in before the Iudge is to erect a common errour amongst the people of England viz. that the Iudge hath more power in him then the Iury when as indeed and in truth if a man without offence may so say the Iury is as it were the God Almighty and the Iudge is but as the Minister or Priest to pronounce and declare the sentence and judgment of God Almighty of England his peers or equalls and the Judges appointed for to be the executors of the Law in the Kings Bench or elswhere in the County where his pretended crime was committed and the said A. B. out of love and respect to your Lordships his native Liberties earnestly entreats your Lordships seriously to consider that in the foresaid Act for abolishing the Star-Chamber the Judges therof are accused That they have not kept themselves to the points limited by the Statute that gave them their power and Iurisdiction but have undertaken to punish where no Law doth warrant and to make Decrees for things having no such Authority and to inflict heavier punishments then by any Law is warranted and therefore saith the Act the Proceedings Censures and Decrees of that Court have by experience been found to be an intolerable burthen to the Subject and a meanes to introduce an arbitrary power and Government for which it was totally abolished all which with much more the said A. B. confidently averres may be justly and truly said of your Lordships in that you have fined imprisoned and murdered those that by Law you have not the least Jurisdiction in the world over and therefore in common reason equity and justice better deserve to be totally abolished * Which is undeniably proved by Lievt Col. John Lilburnes printed Speech that he made at the open Barre of the House of Commons against the Lords Ian. 19. 1647. p. 13 14 15 16 17. then the said Court of Star-Chamber FINIS

156. or for defect in●●state or other abilit●es or for disaffection or partiallity or for any infamous crime And hereby the Iudges of the party accused may certainly be indifferent equall and impartiall Fourthly The matter of fact is only entrusted in the Iury and the matter of Law to the Iudge for the preventing of all errours confederacies or partiallity The Iudge is sworne to do justice to all according to law without respect of persons † Read his Oath at large made in the 18 Ed. 3. an 1344. and printed in Pultons col of statute fol. 144 and L. C. Iohn Lilburnes booke called the peoples prerogative pag 10. and the Iury are sworne to find according to their evidence Now the said A. B. further saith That from these reasons whereupon the Law recited was made and inacted it is cleare and evident that the tryall of any commoner pertaines not to this House In the least who the Law of England were never appointed to be the executors thereof in any case whatsoever The Members of this House cannot be of the neighbourhood where the crimes of all Commeners are committed and cannot be presumed to have any cognizance of the facts or parties offending neither do they allow themselves to be tryed by commoners so as to be bound to indifferencie and impartiallity from the knowledge that the Commoners whom they try may possible be of a Iury * And heare it is worth observation that if a difference or controversie for land or money c. happen between a Peere of Parliament and a Commoner the jury who is to end the controveresi may by law be ordinary freeholders so one single Knight be returned amongst them 1 part inst lib. 3 chap 12. Sect. 134. to 156. and the same holds in attainder of treason or Felony 17 Ed 2 attaint 69 3 part insti fol. 26. there must be an indictment of Peeres for reason by twelve men of the neighbourhood where the offence was committed and ofter they are to receive a tryall or judgement by twelve Peers at least H. 4. fol. 19 ct 13 H 8 fol. 12 10. E. 3. fol 46 ● 3 a part insti fol. 28. and the one must not be changed no more the than other and in confirmation thereof that which was done after the condemnation of Sir Simon de Berisford is famous it is to be found Rot. Parl. 4. Ed. 3. Num. 2. And in the Rolls of Chancery it was enacted or at least adjudged That albeit the Lords and Peers of the Realme as Judges of the Parliament in the presence of the King had taken upon them to give judgement in case of Treason and Felony of such as were not Peers of the Realme that after that time no Peers should give Judgement upon others then upon themselves according to Law And A. B. further saith that though this Record should be granted to be no Act yet it is a solemne Judgment of the House of Lords and therefore binding to themselves who ingeniously confesse They can not nor shall not hereafter judge Commoners because it is against the Law of the land for them so to do for their tryall in a short time neither can the said A. B. nor any other Commoner whom this House would try challenge in the case of treason thirty five of the Members thereof for the whole house a mounts very seldome to that number neither will this House allow him the said A. B. to challenge any one Lord or Member thereof though he should alleadge disaffection partiallity or that he is an engaged party an examiner or prosecuter secretly or openly neither is any Member of this House sworn to judge according to Law or in matter of fact according to evidence And the said A. B. further saith that Magna Charta before recited being not onely a Statute but also a Declaration of the Common Law ●o Custome or presidents can be of any force in Law against it for if your House can make presidents against both common and Statute Law to condemne one Commoner of England either in his life liberty or estate by the same right you may condemne a hundred a thousand yea the whole House of Commons it selfe who by this account are but meere cyphers and all the Judges in Westminster Hall c. are but cyphers yea and all the Lawes in England stand but for meere cyphers and the said A. B. and all the rest of the Commons of England are thereby the perfectest slaves this day upon the face of the earth and the end of all Government in clearly overthrowne viz. the weale and safety of the people and no law left in England but your Lordships will and pleasures for any man in the Kingdome to hold or preserve any thing he possesseth by whether it be life liberty or estate and so the absolutest subversion of liberty and property is brought in amongst us that can be in the world And therefore the said A. B. resolvedly saith that if your Lordships shall shew him as many presidents as will fill your House that you have in all ages adjudged and condemned Commonors at your Barre yet he values them to more in comparison to the severall Acts of Parliament and the common Law of the Land which is right reason which is above Acts and the Law and rule to make Acts by that he hath before cited which are point-blank against your Lordships Jurisdiction ever Commoners then he values the wind that blowes And the said A. B. further saith that if your Lordships can make and create presidents to destroy so many scores of Acts of Parliament which have for many hundred yeares confirmed the 29 Chapter of Magna Charta when they have been the fullest and freest and which legally are in force and unrepealed to this houre yea and pluck up the fundamentall common Law of England by the very roots then why do your Lordships cozen blinde deceive and delude the people of England in suffering the King and the House of Commons nominally to beare the name of coadjutors with you in making Lawes And the said A. B. further saith that seeing both the Statute and Common Law is so expresly against your Lordships exercising Jurisdiction over Commoners that though some by force feare or ignorance have stooped or submitted to your Lordships Jurisdiction yet in Law submission is to no effect nor no strength to the judgement where the matter is coram non Judice and though in former time there was no demurrer or exception to your Lordships Jurisdiction over Commoners yet now there is and therefore the forecited Lawes and Judgement are exception in law sufficient of themselves to me or any other Commoner whatsoever that shall make use of them and for your Lordships to claime a jurisdiction over me a Commoner from no legaller a ground then because your predecessors have granted it before you is to set up an argument to justifie all the wickednesse in the world and as sound

his hand at the Bar but a Delinquent that is a person adjudged a Delinquent and under their jurisdiction by a Iury of twelve men commonly called the Grand Iury and though some pretend kneeling in Law to be only an act of reverence that implies honour and power yet it is evident that all persons appearing before the ordinary Courts of justice in civill causes from whom equall honour is due to them and over whom they have power of jurisdiction yet I say all such as appeare before them in civill causes are not required to hold up their hands at the Barre but only those that are as before esteemed and judged Delinquents so in the like manner no more are any required to kneele at the Lords Barre but only those they judge Delinquents by vertue of which kneeling they do ipso facto acknowledge and grant them a jurisdiction over them Fifth Now considering that kneeling is a stooping to the Lords jurisdiction and also an acknowledgment of Delinquency therefore whosoever kneels at the Lords Barre doth acknowledge himselfe a Delinquent and also before his legall Iudges therefore it is undeniable that after kneeling no plea against their jurisdiction can be legally admitted after such an undeniable submission to it for in ordinary Courts though any priviledge of being an officer c. in another Court might legally exempt the party to be tryed from the jurisdiction of an other Court that will try him if he claime and challenge his priviledge before he sloop unto their jurisdiction yet in case he shall first doe any act that acknowledge their jurisdiction over him before he claime and challenge his priviledge no Plea by him against their jurisdiction will be admitted afterward The answere of the foresaid A. B. a Citizen of London and a free Commoner of England to the Lords in Parliament Assembled upon the commands of the said Lords that A. B. should returne an answer to a scroule or paper called by them Articles of Impeachment c. against the said A. B. THe said A. B. saving and reserving to himselfe intire his native liberty as a commoner of England not to answer unto any Charge Impeachment or Indictment by whomsoever exhibtied against him before any persons unto whom the cognizance of the crimes of Commoners and their trialls doth not legally and properly pertaine yet protesting against all indeavoures and desires of avoiding or escaping a just and legall tryall for any crime or offence whatsoever whereof he now pretendedly stands suspected and charged and declaring his willingnesse and readinesse now or any time hereafter to answer to any crime that either is or shall be legally objected against him befo●e any Cou●t that by vertue of an established law hath jurisdiction over him he the said A. B saith That in case he were to be suspected for Treason Felony or any other crime there could be no legall just proceedings to bring him to answer but by presenement or indictment of good and lawfull men of the neighbourhood where such Treasonable Felonous or other criminall deeds are done which is undeniably evident by the petition of Right made in the third of the present King and the act for the abolishing of ship money and the other act for the abolishing the Starr-Chamber made this present Parliament anno 17. * Which five acts you may read in L. C. Ioh. Lilburns book called peoples prerogative p. 1. 2. 3. 4. 22. 23. 24. 25. 26. 27. of the King The very expresse words of the last of which are that Whereas by the Great Charter many times confirmed in Parliament It is enacted that no freeman shall be taken or imprisonned or diffeised of his free hold or Liberties or free customes or be out lawed or exiled or otherwise destroyed and that the King will not passe upon him nor condemne him but by lawfull judgement of his Peers or by the Law of the Land And by another stature made in the fift yeere of the Raigne of King Edward the third It is inacted that no man shall be attached by any accusation nor fore-judged of life or li●● nor his Lands Tenements goods nor Cattells seised into the Kings hands against the forme of the Great Charter and the Law of the Land And by a statute made in the twenty five yeere of the raigne of the same King Edward the third It is accorded assented and established that none shall be taken hy Petition or suggestion made to the King or to his counsell unlesse it be by indictment or presentment of good and lawfull people of the same neighbourhood where such deeds be done in due manner or by processe where such deeds be done in due manner or by processe made by writt originall at the common law and that none be put out of his franchise or freehold unlesse he duly brought to answer and fore-judged of the same by the course of the Law and if any thing be done against the same it shall be redressed and holden for none And by an other statute made in the twenty eight yeere of the same King Edward the third It is amongst other things inacted That no man of what estate or condition soever he be shall be put out of his Lands o● Tenements nor taken nor imprisoned nor disinherited nor put to death * So that in time of peace for a generall or any other that hath commission of Marshall au●hority to hang or otherwise execute any man by collour of Marshall Law this saith Sir Edward Cooke 3 part inslit fo 52 is absolute murdes yeas there he fur●her saith Th. Earle of Lancaster being taken in an open infurrection or rebellion was by judgement of Marshall law put to dea●h the 14 Ed. 4. this saith he was adjudged to be unlawfull and he gives this reason for it because he was not tried by the declared law of the Land which is every Englishmans birthright the Courts of Iustice being all open where-according to the aocustomed manner it was dispenced see fo ibid. 86 87. and 2 part fo 529. see the petition of Right and William Thomsons plea a free commoner of England now condemned by Marshall Law by the Generall c. to be shot to death printed in the 45. 46. 47. 48. 49 50 pages of the forementioned booke called the peoples prerogative without being brought to answer by due processe of Law And by another statute made in the fourty two yeers of the raigne of the said King Edward the third It is inacted that no man be put to answer without presentment before Iustices or matter of record or by due processe or write originall according to the old law of the Land and if any thing be done to the contrary it shall be void in Law and holden for error And the said A. B. further saith That for the better securing of the subjects lives Libertie names and estates the Law hath provided that in the legall proceedings aforesaid to bring any person accused to answer