Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	bring_v	defendant_n	reverse_v	1,916	5	12.1400	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A63931	The case of the bankers and their creditors stated and examined by the rules of lawes, policy, and common reason, as it was inclosed in a letter to a friend / by a true lover of his King and country, and a sufferer for loyalty.	Turner, Thomas, d. 1679.	1674 (1674)	Wing T3335; ESTC R23756	39,443	46

the grand Objection of this case the validity of which I am necessitated though with reluctancy in my self to consider because if this Objection prove impregnable the Councel of stopping the Exchequer may seem to be built upon a good or at leastwise an exccusable foundation and so in all that I have hitherto said I shall seem to have trifled with and eluded my Reader And herein because I pretend not to any Arcanums of State I shall handle this point by way of Admittance and shall suppose that the fears and jealousies which at the time of shutting the Exchequer did possess this State were just and such as might well fall upon constant and deliberating mindes The Objection then will run thus Ob. Ob. That our Neighbour Princes and States were making vast preparations for War that the Heavens about us were black and Cloudy and where the storm might fall no man could Divine That Necessitas est Lex temporis Quae non habet Legem That necessity and self preservation superintend all Lawes That it is more eligible to lop off one member from the Body Politique or at least wise to let an Arm or perhaps a finger thereof blood then that the whole should be endangered c. Sol. Sol. The Objection I must confess is important and weighty and will deserve a substantial Answer In order thereunto I must in the first place mind my Reader that I have as I suppose by irrafregable Argument proved the property of the Subject in this case violated I will then add that it is a Fundamental Law of this Realm that the Subjects propriety is not violable no not in cases of National Danger without his own free and voluntary consent and that First by the consent of his own individual person or Secondly by that of his Representatives in Parliament to whom ●e hath delegate● his consent To prove this I could produce infinite Records of Parliament and other Courts but for brevities sake shall content my self with some few doing herein like one that chooseth 5 or ● full eares of Wheat out of a select sheaf who must necessarily leave behind him as good as he takes The first Record therefore that I shall insist upon will be that memorable one of 14. Ed. 2. in a Writt of Error upon a judgement given in Durham in Trespass by Heyburne against Keylow for entring his house breaking his Chest and taking away 70 l. in money upon a special verdict the case was this The Scots had entred the Bishoprick with a formidable Army making great burnings and spoil Mich. 14. Fd. 2. B R. Rot. 60. the Commonalty of Durham whereof the Plaintiff was one apprehensive of the common danger consulted together and at length agreed to send their agents to compound with the Scots for money to depart and were all sworn the Plaintiff being one to perform such composition and also what Ordinance should be made in that behalt thereupon they compounded with the Scots for 1600 Marks but because this Money was to be paid without the least delay they all consented that Keylow the Defendant and others should go into every mans house to search for ready Money to make up the said summe and that it should be repayd by the same Commonalty and thereupon the Defendant entred the Plaintiffs house and took the said 70 l which was paid toward that Fine The Jury were demanded whether the Plaintiff was present and consented to the taking of the Money they said no. Whereupon the Plaintiff had Judgement to recover the 70 l. upon this Judgement the Defendant brings his Writt of Error in the Kings Bench and assigns errour in point of Law and there the Judgement was reverst because Heyburn whose Money it was had agreed to this Ordinance and was sworn to perform it and Keylow had done nothing but by the express consent of Heyburn and therefore was no Trespassor and that Heyburn had no other remedy for his Money but against the Commonalty of Durham By which it appeareth that if the owner of the money had not particularly concented such Ordinance could not have bound him and yet this was in a case of imminent danger and for publique defence The next is a Record of the Parliament of 20 Ri. 2. some little time before this Session Rot. Parl. 2. Fi. 2. pars 1. ● the French had actually invaded this Realm they had burnt Portsmouth Dertmouth Plymouth Rye and Hastings they had possest themselves of the Isle of Wight beseiged Winchelsy and at length entring the Thames with their victorious Fleet came up to Graves end and burnt most part of that Town and which was yet worse in the North the Scots had burnt Roxborough and were ready to over run all the North of England the Realme being thus beset both by Sea and Land with the united puissance of two mighty Kingdomes and like a Candle burning at both ends the publique Treasure also exhaust a great Councel was forthwith call'd of the Prelacy Baronage and other great men and Sages or Judges of the Nation to consult about these difficulties they came at length to a final resolution the which Scroop then Lord Chancellour delivered to all the Lords in the ensuing Parliament which as the Roll above quoted saith was thus That unce the last Parliament the said Councel met and considering the great danger the Kingdome was in and how money might be raised for the Common Defence which could not wait the delay of a Parliament and how the Kings Coffers had not sufficient in them they all concluded that money could not be had for such defence without laying a charge upon the Commonalty and that such charge could not be imposed without a Parliament and the Lords thereupon supplyed the present necessity with their own money and advised a Parliament for farther supply and Repayment of themselves which was accordingly done I think no man will pretend that our late danger to say no more was greater than this and yet because there was no other course in those times thought lawful for the raising Treasure upon the Subjects Goods then by their own ascent in Parliament only that course was then thought fittest to be practised which was such as ought to be obeyed The next Record is the Statute of 31. Hen. 8. cap. 8. some years before this King had dissolved the lesser Old booke of Statutes 31. He. 8. cap. 8. and in the year of this Statute the greater Monasteries which being a new precedent made a great noise and the event thereof was apprehended with terrour and amazement all over the Christian world this administred secret seeds of discontent to many of the people which after broke out into open Rebellions as our Chronicles declare in several parts of the Kingdome this King though standing as much upon his praerogative as any of his Predecessors to provide against the like suddain eruptions of this Torrent which would not stay for Parliaments procures a Statute

to be made that the King for the time being with the Advice of his Councel two Bishops two chief Justices and divers others might by His Proclamation make Ordinances for punishing offences and imposing penalties which should have the force of a Law but with this proviso that thereby no mans life or property Lands or Goods should be toucht or impeacht so then though the Royal Power was thus corroborated by this Statute yet the Parliament took care that no mans Life or Property should be ravisht from him However notwithstanding the said Restriction this Statute was thought inconvenient and thereupon repealed soon after in 1. Ed. 6. cap. 12. This Kingdome never laboured under a juster fear then in the Year 88. when it was assaild by that invincible Armada or Sea-Gyant as the Lord Bacon * His War with Spain calls it and yet every mans Right was then preserved inviolable Nay the Queen was so tender in that particular that as our Historians say She gave Express Order that not so much as an Ear of Corn should be burnt Cambden in vita Elizab. 1588. or other Goods of her Subjects devastated until the Enemy had actually Landed and was even upon the very point of possessing the● himself And therefore where the case of 8. Ed. 4. of plucking down the Suburbs of a City without the consent of the owners in time of War is Law 8. Ed. 4. it must be understood of an actual Invasion of the Enemy when the danger is in potentia proxima and the Fire ready to take And this manifestly appears by the Record of 11. Edw. 2. where the Mayor and Citizens of Dublin puld down the Suburbs of that City Claus 11. Ed 2. Memb. 19 Dorso pro majore civibus Dublin but it was saith the Record Super imminentem hostilem irruptionem scottorum inimicorum infra Hiberniam pro salvatione Civitatis praedictae ne dictis inimicis ad Civitatem praedictam facilior pateret ingressus c. And yet this Corporation neither would not trust to this point of Law but for their better security procured the King's Pardon which yet was cautiously enough drawn for it was Pardonamus eis euilibet de communitate Civitatis praedictae id quod ad nos pertinet de prostratione praedicta c. We Pardon as much as in us lies c. as appears by Pat. de anno 12. Edw. 2. Memb. 30. intus de pardonacione pro majore Civibus Dublin And so of the case of Gravesend Barge Mich. 6. Jacobe Cokes 12. Rep. 63. If the Ferry-man may justify to throw my Goods over-board to lighten the Vessel it must be upon an instant Tempest and inevitable peril but if the Ferry-man shall say I see a Cloud yonder my Masters its like to be a great storm and thereupon shall throw them over I doubt that is not at all justifiable in Law I shall now draw nearer our own times Cokes 3d Inst 3. and present you with a Triumvirate of precedents to say nothing of the Petition of Right in one and the self same Parliament no less then that which attain'd the name of Parliamen um Benedictum I mean that of 3. Caroli primi First the Judgement of the two Houses in that Parliament in Dr. Manwarings case Rushw Hist Collect. 3. Carol who was sentenc'd by them principally for declaring in a Sermon which he afterwards Printed that the King in Cases of imminent danger to the Kingdome might without Parliament Levy Money upon the Subject There were other collateral charges against him its true but this was the principal Journal of both Houses and to this he chiefly applyed his Defence and would have excused this Assertion by limiting it only to Cases of National Extremity but that would not serve his turn he himself submitting and the Sentence afterwards affirmed by the Kings Proclamation for suppressing the Book The second is the Commission for Loane Rushw Hist Collect 3. Caroli to carry on the War for the Palatinate in which was suggested the safety and very subsistance of the King People and Religion to be in instant danger that his Majestie 's Coffers were exhausted that the supply could not stay for a Parliament that the King upon his Accession to the Crown found himself ingaged in this War and that by advice in Parliament which I think may deserve some remark and only lending a little Money for prevention required Now I would fain know what suggestions could have possibly been more substantial or persuasive But because this course was compulsary and without consent these Commissions in the same Parliament were resolved to be illegal and so consented to be by his Majesty Poultons Statutes 3. Car. 1. cap 1. and so declared a little after in the same Parliament in the Petition of Right The third is the Commission of Excise issued to 33. Rushw Hist collect 30. Car. Lords and others of the Privy Councel in which they are commanded to raise Moneys by impositions or otherwise as in their judgements they shall find to be most convenient The Suggestions here were for the most part the same with those in the above mentioned Commission of Loane and yet adjudged by both Houses contrary to Law and the Lords desired his Majesty that this Commission of Excise might be canceld and shortly after it was canceld by the King and thereupon brought so canceld into the Lords House by the Lord Keeper and by the Lords so sent to the Commons In the last place I shall cite the Statute of 17. Car. 1. cap. 14. For the Reversal of the Judgement in the case of the Ship-writs I am not willing as well of brevity as other reasons to recite this Statute at large but I dare engage that no man shall read that Law but will say it is a most direct Judgement in the point against the violation of propriety in case of National danger If any man however shall for reasons best known to himself Arraign or Calumniate this Act of Parliament I shall say no more then this If it be Law why may I not vouch it If it be not why is it not Repeald why doth it still cumber our Statute Books I am heartily sorry to have had so invincible an occasion administred to me here of disturbing the Rest of these sleeping Muniments of propriety but this presumption also must be added to the black train of those Calamities which follow this pernicious Councel It is but natural to mankind to bring in what Arguments they can to preserve their undoubted Rights Juvenal Saty. 3. versus 152. especially when irritated by that unhappy Thing which renders men not only miserable but as the Poet saith Ridicule and contemn'd Neither have I here I hope invaded the just Regalities of his Sacred Malesty for which no person hath an higher veneration then my self but rather confirm'd them 1. Resusuta●i fol. 65. For as