Selected quad for the lemma: judgement_n
Text snippets containing the quad
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A90012
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A new poll-bill for raising the sum of seven hundred thousand pound. Humbly offered to consideration. / By a person of quality.
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1689-1694
(1694)
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Wing N715B; ESTC R180953
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8,209
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4
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the contrary Who can be safe What can be expected but that in every Revolution the succeeding Parliament should pass a Bill of Attainder upon the Former notwithstanding any General pardon or Act of Oblivion to the contrary and then what Fatal Consequences will such a president produce Where will be the End of Ruin and Desolation This would be to put a new Weapon into Mens hands to destroy one another to all Eternity Consider the various Revolutions during the Wars between the Two Houses of York and Lancaster if the General pardons on both Sides had been set aside no Man in the whole Kingdom had been secure As the General Law of Nations ought to be observed by all Princes and Assemblies tho' in open War one with another so these General pardons for the common Safety of the people ought to be observ'd in all Revolutions of Government Object That these Arguments tend to the setting aside of the Bill of Forfeitures and of the Bill of pains and penalties and therefore are not to be allowed I. As to the Bill of Forfeitures the Answer is That so far as the same is really and truly a Bill of Forfeitures these Reasons do not tend to the setting aside thereof But so far as the said Bill may tend to the imposing of penalties upon persons who are not liable to the same by the Common Law they may for so far the said Bill is not properly a Bill of Forfeitures but a Bill of Attainder and may be retorted upon us hereafter for not receiving the Sacrament II. As to the Bill of pains and penalties these Reasons can no ways be made use of against inflicting pains and penalties upon great Ministers of State who have acted against their Oaths to the Government and against the Fundamental Constitution thereof upon the Confidence of a pardon which they could command whenever they pleas'd and who were punishable by no other way but by the power of a parliament But so far as the said Bill may extend to the punishment of Inferior persons who are under the common Fate of Mankind to stand and fall by the Laws of this Realm there such Reasons may be made use of very justly to raise a due Consideration how far such a president may be consistent with the Rules and Methods of parliament and the common Safety of the people of England Object That this Bill of Forfeitures will not be any Bill of Attainder for that the late King's pardon does not extend to the penalties which are due to an Informer for the King cannot give away another Man 's Right He may remit a Forfeiture due to Himself but not when it 's due to the Subject so that wherever the Subject hath a Right the King cannot by his pardon divest the same Resp In all penal Statutes the Right of the penalty is in Nubibus and not fix'd in any person till an Action be brought or an information fil'd and then that person who files the Information hath a Right in Law to the penalty and the King cannot by any pardon divest the same or remit that Forfeiture which is by Law appropriated to the use of that particular Informer But in Case the King grant a pardon before any Action brought or Information filed that is before the Right be attached in any Subject in such Case the King takes the first Cognizance of the Matter and is in judgment of Law instead of an Informer and by Consequence may remit the Forfeiture which is in such a Case due to himself alone And farther also for that after such pardon no person can inform tam pro Domino Rege quà m pro seipso according to the Statutes and for himself alone he cannot inform in any popular Action as is adjudg'd in 3 Instit 194 195. Coke 11. Report Dr. Foster's Case fol. 65 66. and many other Reports So that the late King's pardon is valid in Law to discharge all persons against whom no Action was brought nor Information filed before the said pardon II. Upon this particular Statute no Action can be brought till after Conviction by Information presentment or Indictment and the plaintiff in his Declaration must set forth the said Conviction as part of his Title But no Man can be Convicted since that pardon and therefore no penalty can be recover'd by any Informer as is said before III. All those who had particular Dispensations in their Patents may insist that they had acted according to Law that is according to the Judgment of the â—udges For tho' that Judgment might be ever so corrupt and erroneous yet the same was a Law that left the people to their liberty either to take the Oaths or to let them alone What is all the Law of England but the Judgment of the Judges reported to us from Age to Age in our Law Books and Reports In the 1 Insâ—… fo 168 c. my Lord Câ—ke tells us That Judicium est quasi Juris dâ—ctum so called because so long as it stands in Force pro veritate accipitur and cannot be contradicted The Famous Plowden fo 82. in the Case of Partridge against Câ—oker hath this Expression Words says he which are no other than the Verbâ—ration of the â—…ir do not make a Statute but only the Image of a Statute and the Life of the Statute rests in the minds of the Expositors of the words who are the Members of Parliament who made that Statute But in Case there be no Parliament so that their minds cannot be known then the Judges are by Law the Interpreters of that Statute The Law itself is but a dead Letter but the Judges upon their solemn Oaths are the speaking Law and several Cases are there Cited where Constructions have been made contrary to the Letter of the Statute My Lord Hobart in the Case of Slade against Drake tells us That as Articles are made de Fide by the determination of the Church so matters are said to be de Lege by the determination of the King's Courts And fo 84. his Lordship declares That the Courts Ecclesiastical cannot inâ—erpret a Statute but only the Judges of the Common Law. 'T is expresly Enacted That the King shall not pardon Murder but by express words and not by the words Felonicam Interfectionem because the King was frequently misinformed and by misrepresentations used to pardon Murder whereas he intended only to pardon Manslaughter And yet the King pro Tempore hath always dispensed with that Statute and Murder has been pardon'd by the words Felonicam Interfectionem ever since contrary to the express words of the Statute and as we are credibly informed such a pardon was read and allowed in the King's Bench this last Term. Cases of this Nature are innumerable what words can be more plain and express than the words of those Statutes That no person shall go Judge of Assize in his own County Nor be Sheriff for more than one Year That no Welshman shall be Judge Chamberlain c. in Wales That there shall not be more than 8 Justices in each County of Wales and the like And yet the contrary is done and allow'd even at this day without any Notice thereof in Parliament and what Reason can be given for this but that all Mankind must confess That the Judges are the speaking Law and that they have declared That the King has a dispensing power in these Cases notwithstanding the Statutes say That the King shall not be able by any Nonobstante to dispense with the same And therefore let the Judges answer for the Integrity of the Law in this Case as well as in the Case of the Ship Money and all other Cases the Subject is no way accountable by Law for the same In the Speech of Mr. Pierpoint against Judge Berkley upon his Impeachment for High Treason before the Lords he urges by way of Aggravation That for a Judge to be unjust more hurteth the publick than any other For what a Judge doth is look'd upon as a thing ought to be done and his unjust Judgments more our Records that is our Laws Rushworth 's Collections The Excellency of our Laws above the Laws of all other Nations consists in the Certainty of it and the Certainty consists in this That every Judgment of the Judges is a Law till it be Reversed so that the people of England who act under such a Judgment are safe without any regard to the Integrity or Corruption of the Judges of which they are no Judges Paramount But when that Judgment is Reversed in the Exchequer they have all fair warning that the Law is altered in that particular and then the 2d Judgment will protect them and in Case that Judgment be also Reversed in Parliament then the first Judgment comes into Force again So that the people must walk after the Judgment of the Judges in all Cases and if they are punished for so doing in Parliament it must be by a Bill of Attainder contrary to all the former Rules and Methods of proceedings So that upon the whole matter to raise Money by such a Tax as is proposed seems to be just and equal and according to the ancient Rules and Methods of Parliament But to raise Money by the Name of Forfeitures tho' in reality by a Bill of Attainder is a new President of very great Consequence and whether it be consistent with the common Safety of the people in General or with our own Interest in particular is humbly submitted to our Superiors to whose Judgment we must all Appeal Let us beware lest we dig a pit for others and fall into it our selves
A New Poll-Bill For Raising the Sum of Seven Hundred Thousand Pound Humbly offered to Consideration By a PERSON of QVALITY I. THAT a Civil TEST be tender'd to all Degrees of Persons in such Manner and Form as shall be thought convenient as for Example I A. B. Do Swear and Solemnly Profess in the Presence of Almighty God That I will not take up Arms Nor by any other Ways or Means Directly or Indirectly Counsel or Assist any Person or Persons against Their Majesties King WILLIAM and Queen MARY So help me GOD. All Men who refuse such a passive Innocent TEST as this do refuse to live peaceably under the Government And by Consequence they do tacitely confess to the King and Parliament that as soon as they have a fair Opportunity they will employ their Money and Strength to oâ—erturn the Government II. 'T is a Maxim in Law Protectio trahit Subjectionem Subjectio Protâ—ctionem And therefore they who renounce Subject oâ— to any Government do renounce Protection from the same And by Consequence have no Right by Law to the protection of either Life or Estate under the present Government For which Reasons it is both Just and Convenient to 〈…〉 them Just because it is but a moderate and reasonable thing that they should pay down some small Contribution to purchase that protection for the Residue of their Estates which by Law they have no Title to Convenient for that by this means we shall give Ease to our Friends and weaken none but Enemies And let no Man fear the Consequences for if it be Just it will certainly prosper No Man can Foretel to what Sum this Tax may amount but 't is worth our Tryal in small Sums and then it may be repeated as often as there is occasion Suppose that the most inferior Rank pay but 40 s. a Tradesman worth 100 l. clear 5 l. worth 200 l. clear 10 l. and so on at the Rate of 5 l. per Cent. A Gentleman of any Estate 30 l. an Esquire 40 l. a Knight 50 l. a Baronet 60 l. a Baron 80 l. an Earl 100 l. a Marquess 120 l. a Duke 140 l. At this Rate if there should be but 4000 persons in all England and Wales which will probably consist most of Gentry and Tradesmen and so one with another at 30 l. the same will amount to 120 Thousand l. This is but a small Number in England and Wales If there be more the Tax will be more considerable and seasonable for we shall discover our Enemies and make good use of that Money which was intended for our Destruction if there be less we shall have Men instead of Money and be the better able to guess at our strength at home and know what Measures to take in this great Conjuncture abroad It is impossible that the Nation can lose any thing by such a Law but 't is probable they may make wonderful Discoveries and advance a considerable Tax by it III. That all Fines and Forfeitures which are due by Law and may be recovered by any Informer shall be appropriated by Act of Parliament to the publick Use and that the Attorney or Solicitor General be enabled to Sue for and Recover all such Forfeitures as any informer might have done This Proceeding will not be inconsistent with any Alliances abroad since no punishment is hereby inflicted since the Revolution for Matters of Religion but only those Forfeitures formerly due by Law taken from the common Informer and appropriated to the publick Use And this will extend to all Recusants Conflict whether Papist or Dissenter before the late King's pardon and before the Judgment in Sir Edward Hales's Case and may raise 100 Thousand l. For the words of the Statute are That in case any person neglect or refuse to take the Oaths within the time prescribed and shall be thereupon lawfully Convicted in or upon any Information Presentment or Indictment every such person shall forfeit 500 l. So that the late King's pardon does not extend to persons actually Convicted but that the Informer hath still a good Title to an Action for the penalty of 500 l. but only to persons who were not Convicted nor any Information Fil'd against them before the said pardon For as to them the King might pardon the penalty before Information Fil'd for since they cannot now be Convicted by Law the Informer can never have any Title who must in his Declaration set forth the Conviction as part of his Title by the said Statute IV. That all other persons in Offices who did not take the Oaths shall pay for their Heads and for the Benefit of a General Act of Oblivion which will save them the Charges of pleading the late King's pardon against an Informer and standing Tryal upon the Judgment of the Judges some certain Sum to be imposed by the Parliament as a Tax and not as a Fine upon them as for Instance All persons who had places of profit or were active busie Men for the Times 50 l. which at 2000 persons will amount to 100 Thousand l. That all other persons who behaved themselves well under this Revolution disarming Papists c. or have voluntarily and freely taken the Oaths to the present Government the very next Term after the Coronation or are persons of Inferior Degree and Stations do pay 10 l. The Number of these will be found to be very great throughout England and Wales in the two last Reigns by Neglect and otherwise at least 10000 Men which will amount to 100 Thousand l. These Sums will be certainly paid without any Discontent the Act of Oblivion being a good Consideration for it V. Because the Reason why these persons are more particularly aimed at is for that they are suppos'd to be Men that would have comply'd for taking off the Test and Penal Laws therefore we cannot with any Justice but take Notice of such who did actually Subscribe their Names to Addresses and Papers for abolishing the same And the rather for that they may be Impeached in Parliament and so have as much Need for an Act of Oblivion as any other persons whatsoever That all persons therefore who set their Names to Addresses for taking off the Test and Penal Laws or for returning Thanks to his late Majesty for his Toleration contrary to Law do pay for their Heads and for an Act of Oblivion some certain Sum to be Imposed by Parliament As for Instance The Managers Solicitors and chief presenters of such Addresses 50 l. which at no more than 500 Addresses and Four Ringleaders to each Address will amount to 100 Thousand l. That all others pay 10 l. which at 20 to each Address one with another will amount to 100 Thousand l. more That all persons who Subscribed to the Three Questions do pay 40 l. by reason of their Quality and Estates which at no more than 2000 persons will amount to 80 Thousand l. The Sum Total is 700 Thousand l. BUT in Case