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	error_n	reverse_v	11,494	5	13.3526	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91189	A full declaration of the true state of the secluded members case. In vindication of themselves, and their privileges, and of the respective counties, cities and boroughs for which they were elected to serve in Parliament, against the vote of their discharge, published in print, Jan. 5. 1659. by their fellow members. Compiled and published by some of the secluded members, who could meet with safety and conveniencie, without danger of a forcible surprize by Red-coats.	Prynne, William, 1600-1669.	1660 (1660)	Wing P3965; Thomason E1013_22; ESTC R22149	44,193	60

must needs be the extremity of Anti-Parliamentary Injustice especially in those of the Long Robe sitting in and advancing themselves to the Seats of Justice in all the Courts of Westminster 12. It is the undoubted Privilege and Birth right not only of Members but of the meanest despicablest and most flagitious Commoners of England if complainants or petitioners to be admitted freely both into the Lobby and Commons House without forcible seclusion to present their complaints grievances for their relief or redresse or if a Delinquents to be accused summoned heard duly convicted and particularly sentenced at the bar by name before they be committed or sentenced as all Parliamentary Records Journals daily experience attest Therfore that the Majority of the Members persons of greatest Eminency Interest Integrity representing most Counties Cities and Boroughs of the Realm should be denied that justice and privilege which the meanest Commoners and most exec●able Del●●quents enjoy as their Birthright only for their Vote and that by their Fellow-Members the greatest pretenders to publick Justice Liberty and Saintship is not only Anti-Parliamentary and Injurious but stupendious in the sight of God Angels Men and the whole Nation 13ly The whole House of Commons and some of our secluders in the case of the XI M●mbers impeached by the Army 9. of them now secluded upon long and full debate June 25. 1647. Resolved unanimously on the Question without one dissenting Voice as to part of the Armies general charge against them for something they had spoken and done within the House That it did not appear that any thing had been said or done by them in the House touching any matters contained in the charge or Papers sent from the Army for which they could in justice suspend them from ●itting and Voting in the House In the debate whereof they all concluded it was a high breach of Privilege for the Army or any others out of the House to impeach any Members for things spoken or done within the House whereof the House alone is to take notice and be the sole Judge Therefore by this very Vote and resolution the House upon the Armies Proposals and Desires alone ought not in justice to suspend much lesse forcibly to seclude and eject us only for our Vote within it and it was a transcendent breach of the Privileges of the House to receive their Proposals Decemb. 6. and their Answer January 3. complaining against our Vote and to make it the only ground of our suspension and seclusion ever since and now of our Ejection 2ly They then unanimously resolved That by the Laws of the Land no Iudgement can be given to suspend those Members or any of them from sitting in the House upon the Paper presented from the Army before particulars offered and proofes made against them Therefore they cannot suspend seclude and eject both them and the Majority of the whole House now from sitting or Voting with them any more only for their Vote without any other particular charge hea●ing conviction or Judgement pronounced against them at the bar 14ly Had this Vote and judgement of Supension and Discharge been given against any one of the suspended Members in a full and free house and Parliament and ratified by an Act or Ordinance of both houses without any legal summons tryal and hearing at the Bar yet it had been erroneous null and void and ought to be reversed as such and that by the expresse judgements and resolutions of the Parliaments of 28 E. 3. Rot. Parl. n. 7 to 14. 29 E. 3. n. 29. in the case of * Roger Mortymer Earl of March who in the Parliament of 4 E. 3. Rot. Parl. n. 1. was impeached in Parliament of high Treason for murdering of King Edward the 2d after his deposing for accroaching to himselfe Royal Power and the Government of the State over the King For comming to the Parliament at Salisbury with force and arms contrary to the Kings Writ and Prohibition under his Seal That none should come to the Parliament with force and arms under pain of forfeiting all that he could forfeit to the King Whereupon the Earl of Lancaster and others of the Lords by reason of his force came not at all And when in the Prelates were there assembled in an house at the said Parliament to consult about the affairs of the King and Realm The said Roger broke open the Doors of the House upon them with men at arms and threatned them of Life and of Member if they should be so hardy to speak or do any thing against his Will and Ordinances And did so much in the same Parliament that the King made him Earl of March and gave him many Lands and Tenements to the dis-inheriting of the Crown And afterwards the said Roger and those of his confederacy led the King armed against the Earl of Lancaster and other Peers of the Land to Winchester where they were comming towards the King to the said Parliament at Salisbury Whereupon the said Earl and other Peers of the Land to avoid the peril that might happen out of reverence to the King departed and went towards their Country grieving that they could not speak with nor counsel the said King as they intended and ought to do And for several other grand misdemeanors drawn up and entred in the Parliament Rolls in 14. Articles in French Upon these Articles by reason of the notoriousness of the Facts he was by Judgement and act of Parliament condemned and executed as a Traytor in 4 E. 3. without being brought personally to answer or make his defence at the Bar and his Lands forfeited to the King Whereupon in the Parliament of 28 E. 3. Roger Mortymer Earl of Worcester his Cousin and Heir by Petition prayed That this Act of his Attainder might be examined and the judgement against him reversed for manifest errors therein Whereupon the Record was brought into the Parliament and the Articles Judgement and Proceedings read at large Which done it was alleaged That the judgement was defective and erroneous in all points not for the substance and Truth of the charge but for that the said E. was put to death and dis-inherited Sans nulle accusement et sans estre mesne au juggement ou en respons without any accusation face to face and without being brought to judgement or to answer For which cause it was prayed the said Act a●d Iudgement might be reversed and annulled And for these Reasons our Lord the King Prince Dukes Earls and Barons by * accord of the Knights of Counties and of the Commons reversed and annulled the said Records and Iudgements and adjudged them erroneous and void And the Parliament of 29 E. 3. did likewise confirm and assent thereto as the Parliament Rolls attest If then this Judgement though ratified by an Act of Parliament upon particular Articles of Impeachment true in substance against this Arch-traytor and first forcer of Parliaments by armed men extant on

Record was reversed as erroneous void and null because he was not accused face to face nor brought to judgement and answer at the Bar before his judgement and execution though there was a judgement given against him by name in the Parliament Roll and Act Then much more must the Judgement and Vote against all the secluded Members and majority of the house kept out thence by armed Gards by command of our Secluders and Judges without the least accusation Articles of Impeachment hearing trial or bringing us to the Bar to hear our judgement or naming any of us particularly therein be unparliamentary erroneous void and null to all intents and no waies obligatory to us or those for whom we do serve 2ly It is altogether erronious illegal and void in Law 1. By the Great Charter of our Liberties 9 H. 3. c. 29. confirmed in above 40. successive Parliaments by the Statutes of 25 E. 1. c. 1 2. 28 E. 1. c. 1 2. 5 E. 3. c. 9. 25 E. 3. c. 4. 28 E. 3. c. 3. 42 E. 3. c. 2 3. The Petition of Right 3 Caroli and sundry other Statutes enacting and providing That no Freeman of England shall be outed of his Freehold Liberties Franchises outlawed pas●ed upon fore-judged or condemned unlesse he be 1. Lawfully accused indited and impeached 2ly Summoned and brought in to answer by legal processe 3ly Brought to judgement trial and hearing at the bar and admitted to his just defence 4ly Legally convicted by his own confession or witnesses produced face to face 5ly Particularly judged and condemned by sentence at the bar And if any judgement be given to the contrary it shall be reversed and holden as null and void All which particulars failing in our case and judgment it must be erronious void and null to all intents 2ly By all the Presidents forms entries in Cooks 3 Institute● ch. 101. of Judgement old Book of Entries Fitzherbert Brook Statham Ash Title Judgement Treason Debt c. all entries and Records of Judgements in Parliaments and other Courts of Justice wherein no Judgement was ever yet given against many in the grosse as now against 200. Members or more without naming any of them but alwaies particularly by name the Judgment being else void in Law for its generality and incertainty as ours is wherein not one secluded Member is named nor in any Vote or Order for our suspension or exclusion 3ly It is a Maxim in Law (m) that no man ought to take advantage of his own covin or wrong much less be both a Judge and ●arty it being both against justice and reason too Therefore the minority of our fellow-Members cannot first seclude us out of the House by covin wrong armed force against our Rights Privileges the Protestation Covenant then as our Judge exclude us from sitting with them behind our backs only for dissenting from them in our Votes and Judgments crossing their own private Interests and Innovations repugnant to the publike Interest Peace and settlement of the Kingdom which we then endeavoured to effect 4ly The Statutes of 5 R. 2. c. 7. 15 R. 2. c. 2. 8 H. 6. c. 9. 31 Eliz. c. 11. prohibiting all entries into Houses Lands or Tenements where the entry is given by Law with strong hand or multitude of people and armed men but only in peaceable and easie manner or keeping possession thereof after peaceable entry by Force enabling all Justices of the Peace to view and remove such force and punish those who are found guilty of it upon Inquest by fine and imprisonment do questionlesse prohibit the entry of our secluders into the Commons House of Parliament by strong hand and multitudes of people and armed men against the usage Priviiege of Parliaments garded hitherto * Caritate Benevolentia Civium non armis And their keeping out the Majority of their fellow M●mbers by armed force and Votes without any colour of Law or reason but only their Vote therein Decemb. 5. may more justly expose them to Fines and imprisonments than any other forcible enterers into or detainers of other mens houses the whole Kingdom being prejudiced and dispossessed in their representatives by these forcible detainers of the Commons House 5ly The notable (p) Variance between their Orders of 1648. 1649. touching our suspension and seclusion wherein they alwaies stile themselves The House and This House as likewise in the body of their Order Decemb. 27. 1659. from their Vote of January 5. and their other Papers wherein they stile themselves The Parliament and the Parliament of the Commonwealth of England Scotland and Ireland and their Judgement the Judgement of the Parliament and from the Act of 17 Caroli c. 7. by which they pretend to fit which only stiles them the Commons in this present Parliament assembled and the House of Commons makes their Judgement void to all intents especially compared with the entry of their own Journal by their Clarke April 20. 1653. That they were dissolved on that day and so have no right now to sit by virtue of this Act or to pronounce any Vote or Judgement against us 3ly This Judgement and Vote against us is void and null by the Law of Nations the very Pagan Idolatrous Babylonians Persians Caldeans Romans and all other Nations condemning and sentencing no person or malefactor whatsoever but in his presence it being not their manner to condemn or censure any man before he who was accused had his Accusers brought face to face and had license to answer for himself concerning the crimes laid against him and was legally convicted of them and had his crimes mentioned in his mittim●● and Judgement they deeming it unreasonable to imprison or condemn any man and not withall to signifie the crimes laid against him as you may read at leasure 2 Kings 25. 6 7. Jer. 52. 9 10. Ezra 7. 25 26. Esth. 1. 12 to 22. c. 2. 1. Acts 23. 25. c. 24. 2 to 23. c. 25. 2 c. 16 17 18 27. in Alexander ab Alexandro Geni●lium Dierum l. 3. c. 5. Frederi●us Lindebrogus Codex Legum Antiquarum This being a principle amongst them * Qui aliquid statuerit parte inaudita altera licet rectè statuerit haud aequus est judex And that all their * senators ought to Vote freely in the senate and the Major Vote to sway Therfore our judgment exclusion without accusation hearing witnesses trial conviction behind our backs for our Major Vote must needs be most unjust and void if the very Heathens and laws of all Nations be Umpires between us our Ejectors Finally this Judgment and Vote is contrary to yea void null by the law of God the * righteous Judge of all the earth as appears by comparing it with Num. 35. 30. Deut. 17. 4 to 13. c. 19. 15. c. 16. 18 19 20. 2 Chron. 19. 5 6 7. John 7. 51. And condemned as unjust by the President of God himself

absence and forcible seclusion of the Major during that session of Parliament no more than an Act or a judgment given and entred in the g Courts of Westminster reversed in and by that Court which gave it because all Votes and Judgements would otherwise be nugatory arbitrary reversed and nulled over and over and debates concerning them endless as was resolved in Sir Francis Goodwins case upon long debate 27 Martii in April Anno 1604. and oft before and since Therefore our Vote of the 5th of Decemb. could neither be questioned nor repealed by the dissenting mi●ority nor protested against but stands still in force much lesse then the majority who assented to it be suspended ejected the House by the minority for not retracting and entring their Protests against it being a practice fatal to all Votes and Parliaments if admitted just in this passed upon so full a debate 8ly That (p) no Member ought to be questioned for any offensive words displeasing to the whole House or any particular Member let fall upon any debate unlesse exceptions be taken to his words the same day before he goeth out of the House and satisfaction given or judgement inflicted on him the same day But no exception at all was taken to the Debate or Vote of the secluded Members by the House or any Member thereof the same day nor in several daies after but only by such Army-Officers out of the House who were no Members and not privy to the debate Therefore they ought not to be suspended and excluded for it many weeks months and now ejected out of the House for their Vote alone and debates thereupon above 11. years after 9ly i That the Speaker himself by his Letter Iuly 29. and both Houses by their printed Ordinance of August 20. 1647. declare and resolve all Votes Orders Ordinances Declarations passed in the House whiles under a visible force and the Members forcibly driven from it or unable to repair to or ●it in it with freedom and safety to be null and void to all intents and if that force upon 50. or 60. of them now sitting by Cromwell Apr. 20. 1653. Lambert and others Oct. 13. 1659. was Antiparliamentary Treasonable and but a mere interruption not dissolution of their Session nor an inability for them to sit again though some of those who ejected and declared them dissolved were then Members of the House backed with the Army Then by the self-same yea better reason the former late present Orders and Votes for the suspension exclusion and ejection of the majority of the Members out of the House made by the minority whiles sitting under an actual force secluding them by Commands of them now sitting must be null and void to all intents and no wayes disable them from sitting when the armed force secluding them is removed 10ly That the (b) House of Lords heretofore in the Parliament of 2 Caroli when the Earl of Arundel a single Member of their House was imprisoned and restrained by the King without their privity from sitting in the House and since that (c) both houses Ian. 5. 1641. at the beginning of this Parliament when the King impeached and only demanded the Lord of Kimbolton and the 5. impeached Members of the Commons House whereof Sir Arthur Hasl●rigg was one without seising either of them adjourned and refused to sit or act as an House till their Members were restored to sit in saftty and this high breach of their Privileges vindicated Therefore by the self-same Rule and Presidents they ought not now to sit and act till the former and last violations of them by the Army-Officers and their Gards forcible seclusions and securings of them by their order be vindicated and they restored to sit and act freely in the house with safety without any future Interruption 11ly That no particular member of Parliament in the Commons house by the constant course proceedings and presidents in our Parliaments may or ought to be censured imprisoned suspended or ejected the house unlesse he be 1. Particularly accused or impeached of some misdemeanour crime or breach of trust deserving imprisonment suspension or exclusion 2ly Particularly summo●ed and resummoned to answer his charge if absent or commanded to answer it if present in the house 3ly Freely admitted to make his particular answer and defence thereunto in the house where he is to fit and vote as a Member till convicted or suspended by special Order 4ly Legally convicted by his own Confession evidence or witnesses produced face to face 5ly Particularly sentenced by judgement pronounced against him at the Bar and that judgement particularly entred against him by name in the Iournal-book or Records of Parliament This is evident by the antient Presidents of Sir William Courtney An. 16 R. 2. rot Parl. n. 6. Of Roger Swinerton An 17 R. 2. rot Parl n. 23. Thomas Thorpes case 5 H. 4. rot Parl n. 38. by Thomas Thorps case when Speaker 31 H 6. Rot. Parl n. 25 26 27. Arthur Halls case 17 Maii 4 Febr. 1580. Peter Wentworths case 8 Febr. 1575. Thomas Longs case 8. Eliz. entred in the Journall reported in Cooks 4 Institutes p. 23. and Scobels Memorials c. 12. in Sir Edmond Sawyers case Saturday 21 Junii 1628. The Earl of Straffords and Archbishop Lauds cases and trials upon their Impeachments of high Treason this Parliament as Members of the house of P●ers the cases of sundry Members put out of the house of Commons in the beginning of this Parliament 1641 1642 1643. The Proceedings of both houses against their Members who contrary to their trusts (a) deserted the Parliament withdrew themselves voluntarily from it and took up arms against it who were 4. times summoned to attend the Houses which they neglected to do without any disability or new Ingagement put upon them before they were disabled by Iudgement to sit in the house during this Parliament in which Judgements they are particularly named and after that by a general Ordinance of both houses 29 Junii 1644. the Judgement against them was confirmed as is evident by the * Journals of both houses And the proceedings of those now fitting since their Vote of Jan. 5. against Sir Henry Vane Jan 9. and Col. Sydenham and Major Saloway since who were all permitted to sit and vote in the house till particularly impeached heard convicted and received their judgements at the barr before they were ejected or suspended though they joyned with the Army-Officers who excluded them October 13. both in Councils and Actings against their restitution Which being denied only to all and every of the secured and secluded Members and to them alone though the majority of the house guilty of no crime meerly for their Vote Dec 5. and were forcibly secluded both the House and Lobby Dec. 27. and voted out of the House Jan. 5. 1659. without any accusation hearing defence conviction or particular judgement against any of them by name