Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	action_n	arrest_n	verdict_n	1,507	5	10.7239	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A80048	Judges judged out of their own mouthes or the question resolved by Magna charta, &c. Who have been Englands enemies, kings seducers, and peoples destroyers, from Hen. 3. to Hen. 8. and before and since. Stated by Sr. Edvvard Coke, Knt. late L. Chief Justice of England. Expostulated, and put to the vote of the people, by J. Jones, Gent. Whereunto is added eight observable points of law, executable by justices of peace.	Jones, J., Gent.; Coke, Edward, Sir, 1552-1634.; England. Magna Charta.	1650 (1650)	Wing C4938; Thomason E1414_1; ESTC R13507	46,191	120

Justices in Eyre should Try him Why not such a Writ still Since odium which the Lord C. defineth to be hatred and atia malice and Prisoners for those causes are no scanter now than in former times And why not Justices in Eyre made since competent Judges by Commission without Writs to determine such matters which before they could but inquire of by Writs as the Lord C. saith elsewhere though he saith here to try them imployed for that service And now if it be Lawfull for a Judge of the Kings-Bench to determine a debt and to grant an Habeas Corpus for money to bring the Prisoner before him to put in Bail Why should he take money for the Writ and refuse sufficient Bail tendred after Oath made of their sufficiency without the plantiffs consent Nay after acceptation of the Bail Why refuse to File it No Free-man shall be taken Ca 2.9 No Free man c. or imprisoned or be disseised of his Freehold or Liberties or Free Customs or be Outlawed or Exiled or any way otherwise destroyed nor we shall not pass upon him but by lawfull judgement of his Peers or by the Law of the Land we shall sell to no man we shall denie or deferre to no man either Iustice or Right Free-man extends to Villains both Sexes Lord Coke upon Mag. Chart. Fol. 46 c. c. Vpon this Chapter as out of a root many fruitfull branches of the Law of England have sprung It containeth nine several Branches First That no man be taken or imprisoned but by the Law of the Land viz. The Common-Law Statute-Law or Customs of England c. Secondly No man shall be disseised viz. put out of his Freehold that is Land Livelihood or Liberties or free Customs such as belong to him by his free Birth-right unless it be by the lawfull judgement and verdict of his equals or by the Law of the Land that is to speak it once for all by the Due course and proces of the Law Thirdly no man shall be Outlawed or put off the Law viz. Deprived of the benefit of it unless he be Outlawed by the Law of the Land Fourthly No man shall be exiled c. unless according to the Law of the Land Fifthly No man shall be destroyed c. unless by verdict or according to the Law of the Land Sixthly No man shall be condemned c. but by the judgement of his equals or according to the Law of the Land Seventhly We shall sell to no man Justice or right Eighthly We shall denie no man Justice or right And Ninthly We shall deferre no man Justice or Right c. First Expost and Quer. If no man ought to be taken or imprisoned but by the Law of the Land viz. the Common-Law Statute-Law and Customs of England is it not cleared by our Expostulations before upon the 11. Chapter that Debtors are taken and imprisoned in the Kings-Bench contrarie to the Common-Law of England declared by Mag. Chart. contrarie to the chief Statute of England which is Mag. Char. and which the Lord Coke saith should live as was accorded by King and people for ever And contrarie to the Custom of England declared by Mag. Charta and also by the Lord Coke not to extend to the imprisonment of any Debtours but onely the Kings And are not Debtors other than the Kings so imprisoned as well elsewhere as in the Kings-Bench Secondly if no man shall be disseised viz. put out of his Freehold that is to say His Livelihood Liberties or Free-Customs such as belong to him by his Birth-right unless it be by the lawfull judgement and verdict of his equals or by the Law of the Land that is to say once for all by Due course and Proces of Law Are not Debtors disseised of their Livelihood Libertie and Freedom which belonged unto them as their Freehold by Birth right when they are imprisoned in London Westminster or elsewhere by Arrests and Actions for Debt whether due or not upon meer suggestions of Adversaries not so much to Judges as to Catch-pols without any judgement or verdict of their equals and without Due course or Proces of Law which should be Summons Attachment and Distringas before any Arrest as aforesaid Are they not taken in the Countrey from their Ploughs which are their Livelihood and their Countreys and their Freehold by Birth-right by vagant Bum-baylies and imprisoned there till they give bail to appear at Westminster and thence instead of being remanded home to their sweet Farm-houses large fields and industrious Agricultures are they not sent to stinking Goals close dungeons and idle Monk-cels whereby they are allowed little more ground to walk upon while they live than might serve them to lie under when they are dead Are not all the Corporations of England and their free-chosen Officers that should do them justice at home disseised of their Freeholds by Birth-right and Charters before and since Mag. Char. when they are prevented of the administration of justice in execution of their Offices to which they were sworn and heritable successively from their Ancestours by Custom long before Mag. Char. and since confirmed by the same and by Charters dated before and since by Certioraries Habeas Corpus c. before Judgement and pretence of Errors after and though never any proved or assigned yet the causes never remanded but detained at Westminster where the usual correction of pretended Errours is not by making any thing that is crooked straight but all that is straight crooked so that both Plantiffs and Defendants give their titles for lost in a mist commonly but he that hath the wrongfull possession and money holdeth it and he that hath the right and no money goes to his grave without it Are not all the People of England disseised of their Freehold Liberties Franchises and Free customs when they are deprived of that justice which they ought to have administred amongst them at home by virtue of the Kings Writs original for Enquiries and judicial for Determinations directed to Sheriffs of their own choise in their own Counties or Stewards of Hundreds and Court-Barons in their precincts where the Free-holders themselves are Judges themselves by ancient Common Laws and Customs of England before Mag. Char. and by it declared and confirmed unto them as aforesaid Can Writs of trespass executed for debt or Capiases grounded upon counterfeited Originals be construed by any Law to be due Proces of Law Thirdly Are men lawfully Outlawed upon Exigents for debt grounded upon a repealed Statute and are not all Debtors that are Outlawed so Outlawed Are men lawfully Outlawed that are Outlawed upon Exigents grounded upon Summonitus or Non est inventus counterfeitly returned by Attorneys who at the time of the return were no Sheriffs or competent officers and are not all or most Debtors and Trespassers that are Outlawed in London and Middlesex so Outlawed Are men lawfully Outlawed upon any Exigents that are Outlawed without the

judgement of the Coroners of the Countie wherein they are Outlawed Are the Coroners of any Countie now adays present at every or any Countie when and where men are Outlawed Are not their names nevertheless returned as Judges of every Outlary unknown to them for the most part or all Are not those Returns false and forged and are such proceedings the due course and Proces of Law How many thousands of the Free-men of England are Outlawed yearly by such means and how many of them undone before they can reverse them How many are imprisoned thereupon and have all their estates seised for the King by Sheriffs chosen without the consent of the People and often such as purchase their Offices to gain by such means How many Outlawries yearly are so clandestinely carried that the parties so Outlawed can hear nothing thereof before they be imprisoned and their estates destroyed as aforesaid How many are further damnified by such Outlawries procured of purpose to debar them of their just suits in all Courts until they reverse them How chargeable are reversals thereof What lawfulness is it or what honour for the Courts at Westminster to make unlawfull prosit of such unlawfull practises Cannot the Judges at Westminster be contented to have counterfeit Returns of their Originals in London and Middlesex but they must also have the like Returns of their Exigents throughout the Kingdom Are not such Returns false and perjurious in the Sheriffs that make them Is it not sufficient for Judges to perjure themselves but that they must animate others to do so too by not punishing them when they know that practise Are not the Sheriffs of London and Middlesex and all the Coroners of the Kingdom made liable by this practise to Actions of the Case and to pay costs and dammages to the parties grieved Are such Judges Lawyers c. for the Peace or Profit of the Common-wealth that beget foment or suffer the causes of such Actions causelesly but for their own ends and gains Are such Courts to be called or counted Courts of Justice that maintain any Actions or Arrests upon unjust grounds or colour of any mis-begotten Laws contrarie to Mag. Charta Are not Assaults Batteries Rescues Riots and Homicides frequent upon such Arrests Are not many mens lives lost and more hazzarded and their estates ruined thereby And if a Catch-poll be killed for making or attempting such unlawfull Arrest do not the Judges use to adjudge it wilful Murther though the wronged party doth but endeavour his justifiable defence And have they not begotten a Statute for officers to plead the General issue by colour of which they justifie themselves and their creatures and condemn the guiltless Are not the causers of Murther as worthy to be hanged as the doers Are not they that maintain such Arrests to the same ends as their Predecessors Imps of the same generation Why therefore their advice desired or received in such matters Are not the Releases of Errors which Prisoners are forced to seal before they can be inlarged rather proofs of their guiltiness than acquittances of such practitioners Are not their Errors manifest to be wilfull and gainfull onely to themselves and hurtfull to the Common-wealth are such Errors or Proceedings to be called Due courses or Proces of Law Then to speak once for all is not the Due course and Proces of Law obstructed and perverted and a wrong course practised full of Errors Lies Forgeries Perjuries c. as alreadie appeareth and better shall hereafter and cannot Law be executed without such practises Doth not Mag. Char. and all its confirmations shew how it may Are not they sufficient lights and guids for the Due course Proces and Proceedings which ought to be observed in the right execution of Law And doth not the Lord Coke confess them to be such and that they never misguided any man that certainly knew them and truly followed them Fol. 526. Fourthly If no man shall be exiled c. Are not Debtors exiled from their Native Soils in Cumberland or Cornwal and from all their wordly comforts of Wifes Children Families Friends and Estates both Real and Personal when called and forced by Habeas corpus c. to attend Duke Humsrey in Pauls or Judge Owen in Westminster as good dead as any Judges living to hear or dispatch Suits by the Law of the Land in any way of Justice while the Suitors money lasts or to relieve them with any Alms when their Purses are spent And if at last sent to the Fleet or Marshalsey where they be pent up as aforesaid are they not worse Exiled than into Turkie where they may have more Liberty of Land and Sea and live in less Slavery than under Goalers in England and have more hopes to return home again like Sir Thomas Shirley and many others than from these Hells whence few find Redemption Had Henry of Bullingbrook been Imprisoned for Debt here as such now are when he was banished to France could he have hoped to be King of England except he had made all his Judges and Goalers the best sharers of all his Usurpations as all the cheating Prisoners in these places do theirs as they and their Creditors can best tell by dear and daily experience Fifthly If no man shall be destroyed c. unless by Verdict c. Are not all Prisoners for Debt who are first forced themselves to destroy their small Estates to buy bread to eat in Idleness and to pay Fees to Goalers c. and at last to Famish in the Fleet or Marshalsey c. destroyed both in Lives and Estates and their Families to boot without any Verdict given or intended for their Lives Nay are not all the Free-men of England that are or may be subject to Debts consequently subject to the like destruction And worthy so long as they suffer the Laws of England contained in the glorious Fabrick of the Great Charter of the Liberties of England built by their Ancestors for a perpetual Monument of their care of their Posterity and their Liberties for ever to be thus destroyed by an Hypocritical Generation of Pharisaical Pretenders to the onely knowledge of these Laws which by that pretence they thus pervert to destroy all honest men whom it should save and to save all whom it should destroy or punish and that for unlawful respects and considerations tending onely to their own profits and ends Sixthly If no man shall be condemned c. but by the judgement of his equals according to the Laws of the Land Are not all Debtors that are Famished as aforesaid Condemned for their Lives in effect though but for their Debts in appearance without any Verdict of their equals so intended contrary to the Law of the Land Seventhly do not all the Judges at Westminster sell Justice when they sell Prisoners for Debt their Writs of Habeas Corpus c. for money when the King would have all his Writs of Grace to be given to his Subjects